ASSAM ACT I OF 1973
""deceived the assent o f the President on the 1st January, 1973)
THE GAUHATI MUNICIPAL CORPORATION
ACT, 1969
[Published in the Assam Gazette, Extraordinary, dated the 18th January,
1973]
Arrangement of Sections
PART I
P relim inary Sections
1 Short title, application and commencement.
2 Repeal of enactments-and savings.
3 Definitions.
PART II
CHAPTER II
* Municipal Authorities.
5 Constitution of the Corporation.
6 General powers of the Corporation.
7 Matters to be provided by Corporation.
8 Discretionary functions of the Corporation.
9 Standing Committees and Commissioner to give effect to resolutions of Corporation,
10 Power of Corporation to call for extracts of proceedings, etc.
11 Power of Corporation and Standing Committee for requisition of Commissioner's records.
12 Appointment of Joint Committees.
13 Duties and powers of individual Councillor.
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2
Mayor and Deputy Mayor
Sections
14 Mayor, Deputy Mayor or Councillor uot to receive remuneration.
15 Election of Mayor and Deputy Mayor and Chairman.
16 Resignation of Mayor.
17 Prerogatives of Mayor.
18 Functions of Mayor.
19 Functions of Deputy Mayor.
The Standing Committees
20 Constitution of Standing Committees.
21 Election of Standing Committees.
22 Function of Standing Committees.
23 Special powers of Standing Finance Committee.
24 Constitution of references to Standing Committee. *
25 Delegation of powers to Commissioner by Standing Committee.
26 Election of Chairman and Deputy Chairman.
27 Term of Chairman and Deputy Chairman.
28 Resignation of Deputy Chairman and members of Standing Committee.
The Commissioner t
29 Appointment of Commissioner.
30 Power and function of the first Commissioner.
31 Salary and allowances of Commissioner.
32 Leave of Commissioner.
33 Appointment of officiating Commissioner in case of death, resignation or removal.
34 Power of Commissioner.
35 Emergency power of the Commissioner.
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?ection f
36 Custodian of records.
37 Delegation of Commissioner's ordinary power.
38 Powers of Commissioner exercisable with the approval uf standing Committee.
39 Reservation of control in respect of power delegated.
40 Delegation of Commissioner's emergency powers.
Administration Report
41 Submission of annual administration report to Government.
CHAPTER I II
Election of Councillors
42 Declaration of local areas as Gauhati city.
43 Delimitation of wards,
44 Power to alter or amend delimitation orders.
48 Election of Councillors.
46 Qualification for Gouncillorship.
47 Disqualification for Councillorship of Corporation.
48 Disabilities from continuing as Councillor.
49 Right to vote and method of voting.
50 General elections of Councillors.
51 Notification for election of Councillors.
52 Vacancy in the office of Councillor.
53 Procedure if election fails or is set aside.
54 Procedure on failure of election in case of equality o' vou s
55 Term of office of Councillor.
56 Publication of results of election,
57 O ath or affirmation by Councillors,
58 Rosi nation ©f Councillor,
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Trial o f Election Petitions —
Sections
59 Definitions.
60 Election petitions.
61 Appointment of District Judge.
62 Grounds for declaring elections to be void.
63 Decision of the District Judge.
64 Appeals from the orders of District Judge.,
65 Execution of orders as to costs.
66 Maintenance of secrecy of voting.
CHAPTER IV
Municipal Officers and Staff
67 Appointment of officers of the Corporation.
68 Powers and duties of Municipal Secretary.
69 Schedule of posts.
70 Persons not included in the Schedule not to be appointed.
71 Authority empowered to make appointment.
72 Appointments to be made on the recommendation of the Municipal Service. Commission.
73 Constitution of Municipal Service Commission.
74 Powers of Standing Finance Committee to make regulations.
75 Punishment of Municipal officer or staff.
CHAPTER V
Conduct o f Business, Transaction of Business by the Corporation and Standing Com m ittee
76 Meetings.
77 First meeting after general election.
78 Notice of meeting and business.
79 Vote o f majority decisive.
5
Settitnj
80 Presiding Officer at meeting.
81 Presiding Officer at meeting for election of Mayor.
82 Provisions as to Councillors having pecuniary interest in any contract, etc., with Corporation.
83 Meeting to be ordinarily open to public.
84 Quorum.
85 Power of Corporation to make rules.
86 Special Committees and other Committees.
87 Provisions relating to Special Committees.
88 Presiding Officers at meetings of the Standing Committees.
89 Conduct of business at meetings of Standing Committees.
90 Sub-Committees of Standing Committees.
Minutes and Reports of Proceedings
91 Keeping of minutes and proceedings.
92 Forwarding of minutes and report of proceedings to State Govern- ment.
93 Validation of acts and proceedings.
Works and Contracts
94 Execution of works.
95 Power of Commissioner to sanction estimates not exceeding Rupees five thousand and fifty thousand.
96 Estimate exceeding Rupees fifty thousand.
97 Certain provisions relating to execution of contracts.
98 Manner of execution.
99 Tender.
100 Security for performance of contract.
CHAPTER VI
Municipal Property and Liability
Stttioiu
101 Acquisition of property.
102 Acquisition of immovable property by agreement.
103 Procedure when immovable property cannot be acquired by
agreement.
104 Provisions governing disposal of Municipal property.
105 Decision on claims to property by or against Corporation.
106 Property vested in Corporation. 18? Map of immovable property.
108 Resumption by Government.
109 Management of public institutions.
PART III
CHAPTER VII
Finance
The Municipal Fund
110 Municipal Fund.
111 Receipt of moneys and deposit in Bank.
112 Application of Municipal Fund.
113 Drawal of the Municipal Fund.
114 Restrictions on expenditure from Municipal Fund.
115 Procedure when money not covered by budget grant is expended.
116 Payments from the Municipal Funds for works urgently required
for the public service.
117 Investment of surplus money.
118 Constitution of special funds,
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1
CHAPTER VIII
Budget Estimates
Sections
119 Estimates of expenditure and income to be prepared annually by the Commissioner.
120 Framing of budget estimates.
121 Power of Corporation to alter budget grants.
122 Power of Corporation to re-adjust income and expenditure during the year.
123 Provision as to unexpended budget grants.
CHAPTER IX
Borrowing
124 Power of Corporation to borrow.
125 Form and effect of debentures.
126 Payment to survivors of joint payees.
127 Receipt by joint holders for interest or dividend.
128 Maintenance and investment of sinking fund.
129 Application of sinking funds.
130 Annual statement by Commissioner.
181 Power of Corporation to consolidate loans.
182 Priority of payments for interest and repaym ent of loans over other payments.
133 Attachment of Municipal Fund for recovery of money borrowed.
CHAPTER X
Audit and Accounts
154 Accounts to be kept in a form approved by Standing Committee.
115 Transmission of accounts to Government.
136 Annual administration report and statement of accounts by Corporation.
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Sections
137 Monthly abstract accounts.
138 Audit of accounts.
139 Commissioner to .submit accounts to Auditors.
140 Powers of auditors to require production of documents.
141 Municipal authorities to remedy defects and report to Government.
142 Examiner to surcharge or charge illegal payment or loss caused by gross negligence, misconduct, etc.
143 Special audit at the direction of Government.
PART IV
CHAPTER XI
Taxation
K-
V
144 Taxes to be imposed under this Act.
145 Levy of surcharge on tax.
146 Procedure in levying tax, etc.
CHAPTER XII
The Property Taxes £
147 Components and rates of property tax. >
148 Exemption from general property tax.
149 Water tax and scavenging tax.
/
150 Determination of rateable value of lands and buildings assessable to property taxes.
151 Chaige by measurement in lieu of w ate r tax in certain cases.
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Sections—
152 Special rates of scavenging charge in certain cases.
153 Incidence of property taxes.
154 Recovery of property taxes from occupiers.
155 Property taxes a first charge on premises on which they are assessed.
156 Assessment list. 157^ Evidential value of ̂ assessment list.
158 Amendment of assessment list.
159 Preparation of new assessment list. » 160 Notice of transfer.
161 Notice of erection of building.
162 Notice of demolition or removal of building.
163 Power of Commissioner to call for information and returns and to enter and inspect premises.
164 Premises owned by or let to two or more persons in severally to be ordinarily assessed as one property.
165 Assessment in case of amalgamation of premises.
166 Employment of valuers.
CHAPTER X III
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T ax on veh icles, boats and an im als
167 Tax on certain vehicles, boats and animals.
168 The tax on whom leviable.
169 Tax when payable.
170 Power of Commissioner to compound with livery stable keeper etc., for tax.
CHAPTER XIV
T ax on theatre etc.
171 Theatre tax.
172 Liability to pay theatre tax.
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CHAPTER XV
Tax on advertisement other than advertisement published in the newspapers
Srctions—
173 Tax on advertisement.
174 Prohibition of advertisements without permission of the Commissioner.
175 Permission of the Commissioner to become void in certain cases.
176 Presumption in case of contravention. e
177 Power of Commissioner in case of contravention.
CHAPTER XVI
Duty on transfer of property
178 Duty on transfers of property and method of assessment thereof.
179 Provisions applicable on the introduction of transfer duty,
CHAPTER XV II
Tax on Professions, Trade* and Callings
180 License to be taken out annually.
CHAPTER XV III
Octroi O
181 Octroi on goods carried by railway, load or water.
182 Recovery of octroi.
183 Power to make rules.
CHAPTER XIX
Land revenue. Local rates, Urban Property Tax, Taxes on Entertain- ment and Betting and Tax on Motor Vehicles collected within the limits of City of Gauhati
184 State Government to pay proceeds of land revenue.,
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Sections—
CHAPTER X X
P aym ent and R ecovery o f taxes
185 Time and manner of payment of taxes.
186 Presentation of bill.
187 Notice of demand and notice fee. *
188 Penalty in the case of default of payment of tax.
189 Recovery of tax.
190 Power to break open door or window.
191 Warrant of distress,
192 Sale of goods distrained in special cases.
193 Sale outside the city.
194 Summary proceedings may be taken against persons about to leave city.
195 Power to institute suit for recovery.
196 Power of seizure of vehicles and animals in case of non-payment of tax thereon.
197 Occupiers may be required to pay rent towards satisfaction of property taxes.
198 Recovery of tolls and octroi.
199 Writing off irrecoverable taxes.
200 Receipts to be given for all payments.
201 Demolition, etc., of building.
202 Remission or refund of tax on unoccupied immovable property.
203 Power to reduce or remit taxes.
204 Appeal against assessment, etc.
205 Conditions of rights to appeal.
206 Finality of appellate orders.
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CHAPTER XXI
M iscellaneous P rov ision s relating to Taxation
Sections—
207 Power to inspect for purposes of determining rateable value a f taxes.
208 Composition.
209 Obligation to disclose liability.
210 Deduction of profession tax from certain Government employees
211 Power to examine article liable to octroi.
212 Power to search where octroi is leviable. - ■ ■ ■ < . I >V' j
213 Power to fix prescribed limits and penalty for evasion of paymen t of octroi.
214 Extension of taxation limits by agreement. *
215 Taxes not invalid for defect of form.
216 Power of Government to suspend levy of taxes.
PART V
CHAPTER X X II
P ublic H ealth , Safety and C onvenience W ater S upply , D rainage and Sew age D isp osa l
217 General power for supplying water.
218 Supply of water.
219 Making connections with municipal water works.
220 Obligation of owner or occupier to give notice of waste of w at:
221 Responsibility for damage caused by leakage of water.
222 Gutting off of supply to premises. o
223 Power of Commissioner to provide meters.
224 Presumption as to correctness of meters.
225 Damaging water works, misappropriating water and tampering wit meters.
226 Misuse of and leaving open valves and tampering with valves and hydrants.
227 Prohibition of erection of any building which would damage sources of water supply.
228 Prohibition of bathing in or polluting water.
229 Non-liability of Corporation when suppiy reduced or not made in certain cases.
230 Water supply to the public.
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Drainage and Sewage
;■«&. __ Sections— ■ , .-4
231 ^Cleansing drains.
232 Appointment of places for emptying of drains and disposal of sewage.
233 Provision of land for disposal of sewage.
234 Alteration and discontinuance of drains.
235 Provision of public latrines and urinals.
236 Provision of drains privies, etc.,
237 Repairs and closing of drains, privies, latrines, etc.
238 Power of Commissioner to demolish drains, etc.,
239 Unauthorised building over drains, etc.
240 Removal of latrine, etc., near any source of water supply.
241 Discharging sewage.
242 Making or altering drains without authority.
243 Power to require removal of nuisance arising from tanks and like.
244 Jttew building not to be erected without drains.
245 Power of owner of premises to place pipes and drains through land belonging to other persons.
246 Obligation of owner or joint owners of drain to allow the use of it to others.
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247 How right of use of a drain may be obtained by a person other than the owner.
248 Commissioner may authorise person other than the owner of a drain to use the same or declare him to be a joint user thereof.
249 Power to drain group or block of premises by combined operation.
250 Connecting drains to be constructed at the expense of owners of premises.
251 Power of Commissioner to affix shafts for ventilation of drain or cesspool.
252 Right of Corporation to drains constructed at cost of municipal fund.
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Sanitary P rov ision s R egulation o f P ublic Bathing, W ashing, etc. Sections—
253 Construction of places for public bathing, etc.
254 Prohibition of pollution of water by steeping animals or other matters, etc.
255 Prohibition of washing of cloth. General P rovision w ith reference to D rainage, W ater Supply and W ater and other M ains
T
256 Joint and several liability of owners and occupiers for offence in relation to water supply.
257 Least practicable nuisance to be caused.
258 Powers of carrying wires, pipes, drains, etc.
259 Provision as to wires, pipes or drains laid or carried above surface of ground.
260 Previous notice to be given.
261 Connection with main not to be made without permission.
262 Communications and connections, etc., to be executed subject to inspection by and to the satisfaction of the Commissioner.
263 Troughs and pipes for rain water.
264 Power of access to municipal water works.
265 Compensation for damage.
266 Work to be done by licensed plumber.
267 Control by the Corporation and Standing Committee.
268 Control by Government. C onservancy
269 Deposit of rubbish, offensive matter, sewage and carcasses.
270 Collection and removal of sewage.
271 Collection and temporary deposit of rubbish and offensive matter by occupiers of premises.
272 Prohibition of accumulations of offensive matters.
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Regulation o f Factories and Trades
Sections—
273 Factory, etc,, not to be established without permission of the Com- missioner.
274 Sanitary regulations of factories, etc.
275 Regulation of dangerous and offensive trades.
276 Premises not to be used for certain purposes without license.
277 Prohibition of pollution of water by chemicals, etc.
278 Inspection of premises used for manufacture, etc.
Prevention o f Dangerous D iseases
279 Obligation to give information of dangerous diseases.
280 Powers of Medical Officier of Health to inspect places and take measures to prevent spread of dangerous diseases.
281 Prohibition of use for drinking or for other domestic purposes of water likely to cause dangerous disease.
282 Power of Medical Officer of Health to remove patient to hospital in certain cases.
283 Power of Medical Officer of Health to disinfect building, tank, pool or well.
284 Power of Medical Officer of Health to destroy huts and sheds.
285 Infected building not to be let without being first disinfected.
286 Provision of places for disinfection, washing or destruction of infected articles and power of Commissioner to disinfect or destroy such articles.
287 Infected articles not to be transmitted, etc., without previous disinfection.
288 Restriction on carriage of patient or dead body in public convey- ance.
289 Disinfection of public conveyance after carriage of paitent or dead body.
290 Power of Corporation to provide special conveyance for patient or dead body.
291 Prohibition of making or selling of food, etc., or washing of cloths by infected persons.
292 Power to restrict or prohibit sale of food or drink.
293 Special measure in case of outbreak of dangerous or epidemic diseases?.
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Burning or Burial Grounds
. r tn j' » r-y ' ■ * . r Stctions—
294 Power to call for information regarding burning and burial grourub.
295 Permission for use of new burning or burial ground.
296 Power to require closing any burning or burial ground.
297 Provision of new places for disposal of dead.
Disposal of Dead Animals >
Disposal of dead animals.
CHAPTER X X II1
PUBLIC SAFETY AND SUPPRESSION OF NUISANCES
Nuisances
299 Prohibition of nuisances.
300 Power of Commissioner to require removal or abatement of nuisances.
Dogs
301 Registration and control of dogs.
Precaution against Fire, etc.
302 Stacking or collecting inflammable materials.
303 Care of naked lights. »
304 Discharging fire-work, fire-arms, etc.
305 Power to require buildings, wells, etc., to be rendered safe.
Prevention and Extinction of fire
■ ' • :O(
306 Maintenance of fire brigade and arrangements for the prevention and extinction of fire.
307 Power of fire-brigade and other persons for suppression of fire.
308 Power to make regulations for fire-brigade,
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CHAPTER XXIV■f*
Markets and Slaughter Houses
Sections—
309 What to be deemed municipal markets and slaughter-houses
310 Provision of new municipal markets and slaughter-houses.
311 Municipal markets, slaughter-houses and stock-yards may be closed.
312 Use of municipal markets.
*
313 Opening of private markets and private slaughter-houses.
314 Power of Commissioner to license private markets, slaughter- > house and stock-yards.
315 Levy of stallages, rents and fees.
316 Stallages, rents, etc., to be published.
317 Prohibition of business and trade near market.
318 License for dealing in flesh, fish and poultry.
CHAPTER XXV
Vital Statistics
319 Appointment of Sub-Registrar and Registrars,
320 Duties of Registrar.
321 Information of births and deaths.
PART VI
E>
CHAPTER XXVI
Lands, Buildings and Streets and Development Schemes
322 Development Schemes.
323 Matters to be provided for in a development scheme.
324 Submission of development scheme to the Corporation for approval.
325 Development Scheme to comply with the Master Plan and Zonal Development Plan.
326 Power of Government to require Corporation to have scheme.
fectienj—<
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Building Regulations
327 Prohibition of erection or re-erection of buildings without permission.
328 Notice of buildings.
329 Commissioner to refuse erection or re-erection of building.
330 Grounds on which site of proposed building may be disapproved.
331 Grounds on which permission to erect or re-erect building may be refused.
f
332 Power of Commissioner to direct modification of sanctioned plan of building before its completion.
333 Lapse of sanction. *
334 Intimation of completion of building.
335 Erection and use of temporary building to be approved by Commissioner.
336 Compensation.
337 Power to require removal or alteration of work not in confor- mity .with bye-laws or executed notwithstanding rejection of plan, etc.
338 Power of Commissioner to cancel permission on grounds of material misrepresentation by applicant.
339 Restriction on use of buildings.
340 Prohibition against use of inflammable materials for buildings, etc., without permission.
341 Bar of jurisdiction .
Dangerous and Insanitary Building
342 Provisions regarding buildings unfit for human habitation.
343 Removal of buildings in dangerous state.
344 Abandoned or unoccupied premises.
345 Reclama ion of low-lying sites.
346 Removal of building materials from any premises may be required
347 Cleansing of filthy buildings.
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19
X"- Pub lic S treets Actions—
348 Closing of public streets. E ncroachm ent on Streets
349 Prohibition of projections upon streets, etc.
350 Restriction of power of municipal authorities.
351 Footings of buildings not to establish title to land by longing to Government or vesting in Corporation.
352 Prohibition of deposit, etc., of things in streets.
353 Power to remove anything deposited or exposed for sale in contravention of this Act.
354 Streets not to be opened or broken up and building materials not to be deposited thereon without permission.
355 Ground floor doors, etc., not to open outwards on streets.
356 Prohibition of tethering of animals and milking of cattle.
357 Functions of Commissioner in respect of public street.
358 Power to make new public streets.
359 Minimum width of new public streets.
360 Power to prohibit use of public street for certain kinds of traffic.
361 Power to acquire lands and buildings for public street and for parking place.
362 Defining the regular line of streets.
363 Setting back building to regular line of streets.
364 Compulsory setting back of building to regular line of streets.
365 Acquisition of open land and land occupied by platfromSj etc., within the regular line of street.
366 Acquisition of remaining part of building and land after inclusion of the portion within a regular line of street have been acquired.
367 Setting forward of building to the regular line of street.
368 Compensation to be paid in certain cases of setting back or setting forward of a building.
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Sections— Private Streets
369 Owner's obligation when dealing with land as building site.
370 Lay out plans.
371 Alteration or demolition of street made in breach of section 370.
372 Power of Commissioner to order work to be carried out or carry it out himself in default.
373 Precautions during repair of street.
374 Naming and numbering of streets.
875 Measures for lighting.
376 Provision for lighting of private street by Corporation on application of owners.
377 Prohibition or removal, etc., of lamps.
PART VII
CHAPTER XXVII
POWERS, PROCEDURES, OFFENCES AND PENALTIES:
Licences and written Permissions
378 Signatures, conditions, duration, suspension, revocation, etc., of licenses and written permissions.
Entry and Inspection
379 Powers of entry and inspections.
380 Power to enter adjoining land in relation to any work,
381 Breaking into.
382 Time of making entry, etc,
383 Prohibition of obstruction or molestation in execution of work.
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Public notice a ad Advertisem ents
Sections—■
384 Public notice how to be made known.
Notice, etc.
385 Notices, etc., to fix reasonable time.
386 Signatures on notices, etc., may be stamped.
387 Notices, etc., by whom to be served or issued.
388 Services of notices, etc.
389 Services of bills for tax or notice of demand by ordinary post.
390 Powers in case of non-compliance with notice, etc.
Recovery o f Expenses
391 Liability of occupier to pay in default of owner.
392 Execution of work by occupier in default of owner and deduction of expenses from rent.
393 Relief to agents and trustees.
Payment o f Compensation
394 General power to pay compensation.
395 Compensation to be paid by offenders for damage caused by them.
Recovery o f Expenses or Compensation in case o f dispute
396 Reference to the court of the District Judge in certain cases.
397 Application to the court of the District Judge in other cases.
398 Power to sue for expenses or compensation.
Recovery o f Certain dues
399 Mode of recovery of certain dues.
Obstruction o f owner by occupier
400 Right of owner to apply to the court of District Judge in case of obstruction by occupier.
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Proceedings before court o f District Judge
Sections—
401 General powers and procedure of the court o f the District Judge.
402 Fees in proceedings before the court of the District Judge.
403 Repayment of half fees on settlement before hearing.
404 Punishment for certain offences.
405 General penalty. , t
406 Offences by companies.
407 Prosecutions. »
408 Compounding of offences.
Police
409 Duties of Police Officer.
410 Power of Police Officer to arrest persons.
411 Exercise of power of Police Officers by Municipal Employees.
Legal Proceedings
412 Power to institute, etc., legal proceedings and obtain legal advice.
413 Protection to action of the Corporation, etc.
414 Notice to be given of suits.
CHAPTER XX VIII
x
R ules, Regulations and Bye law s
415 Provisions respecting regulations.
416 Provisions respecting bye-laws.
417 Penalty for breaches of byedaws.
418 Supplementary provisions regarding bye-laws.
419 Bye-laws to be available for inspection and purchase.
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Sections—
PART VIII
CHAPTER XXIX
Supervision and Guidance
420 Government's power to call for records, etc.
421 Government's power to cause inspections to be made.
422 Government's power to require performance of duties in d efaul t of any municipal authority.
423 Government's power to annul illegal proceedings of Corporation.
<5
424 Government's power to suspend action.
425 Government's power to supersede.
426 Power of Government to prescribe forms and make rules.
PART IX
CHAPTER XXX
M iscellaneous and Supplemental Provisions M iscellaneous
427 Validity of notices and other documents.
428 Admissibility of document or entry as evidence.
429 Evidence of Municipal Employees.
430 Prohibition against obstruction of Mayor or any municipal authority.
431 Councillor and municipal employees to be public servants.
432 Conditions of service of sweepers and certain other class of persons employed in municipal (essential) sei vice.
433 Conditions of service of sweepers employed for doing bouse scavenging.
434 Saving of other enactments.
435 Disputes between Corporation and Local Authorities.
436 Disputes between Government and Corporation.
437 Power to remove difficulty.
438 Appeals from Commissioner to Standing Committee.
439 Limitation of time for appeal.
440 Effect of absorption of Panchayat area into the City of Gauhati.
441 Effect of absorption of a part of Panchayat area into the City of Gauhati.
442 Removal of difficulties.
443 Special provision as to rural areas.
444 Exemption from Assam Urban Areas Rent Control, Act, 1951,
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THE GAUHATI MUNICIPAL CORPORATION
ACT, 1969
Whereas it is expedient to constitute a Municipal Corporation for the City of Gauhati, be it enacted in the Twenty-second year of the Republic of India as follows:—-
PART I
CHAPTER I
Preliminary
Short title, J, (Ji This Act may be called the Gauhati Muni- an§ ^com-ciPal Gor
Poration Act
' ' mencement.
(2) Except as in hereinafter otherwise expressly provided it extends to the City of Gauhati.1
(3) The provisions of this Act, except this Section which shall come into force at once, shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint :
Provided that different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.
Enactments 2. (11 As from the date of establishment of the and savings. Corporation, the Assam Municipal Act, 1956, the Panchayat Acf
, 1959 and the Assam Town and Country Planning Act, 1959 shall cease to have effect within the city. The Corpo-ation shall be deemed to have been constituted with effect from the date of the first meeting of the elected Councillors field after the completion of the first general election under section 45.
(2) Notwithstanding the provisions of sub-section
(1) of this section — (al Any appointment, notification, order, scheme, rule, form, notice or bye-law made or issued, and any licence or permission granted under any of the enactments referred to in sub-section (1) of this section and in force immediately before the establish- ment of the C orporation, shall continue to be in force and be deemed to have been made, isued or granted under the provisions of this Act, usnless and until it is superseded by any appointment, notification, order, scheme, rule, form, notice, er bye- law made or issuedj[or any licence or permission granted under the provisions of t t ;« Act;
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(b) All debts, obligations and liabihities incurred, AH contracts entered into and all matters and things engaged to be done by, with or for the Municipal Board or Town Committees functioning in the city before such establishment shall be deemed to have been incurred, entered into or engaged to be done by, with or for the Corporation or the Muni- cipal authority concerned ;
(c) All budget estimates, assessments, valuations, measurements or divisions made by any of the aforesaid local authorities shall continue to be in force and be deemed to have been made under the provisions of this Act unless and until they are superseded by any budget estimate, assessment, valuation, measurement or division made by the Corporation or the Municipal authority concerned under the said provisions ;
(d) All properties, movable and immovable and all interests of whatsoever nature and kind therein, vested in any of the aforesaid local authorities immediately before such establishment shall, with all rights of whatsoever description used, enjoyed or possessed by any such body or autho- rity, vest in the Corporation ;
(e) All rates, taxes, fees, rents and other sums of money due to any of the aforesaid local authorities immediately before such establishment shall be deemed to be due to the Corporation ; ( f ) AU rates, taxes, fees, rents fares and other charges shall, until and unless they are varied by the Corporation, continue to be levied at the same rate at which they were being levied by the afore- said local authorities immediately before such establishment ;
(g) AU suits, prosecutions and other legal pro- ceedings instituted or which might have been ins- tituted by or against any of the aforesaid local authorities may be continued by or against the Corporation ; and
(h) Every employee serving under the aforesaid local authorities immediately before such establish- ment shall become an employee of the Corporation with such designation as the Corporation may deter- mine and hold office by the same tenure and at the same remuneration and on the same terms and conditions of service as he would have held the same, if the Corporation had not been established and shall continue to do so unless and until such tenure, remuneration and terms and conditions are duly altered by the Corporation:
Provided that the tenure, remuneration and the terms and conditions of service of any such employee shall not be altered to his disadvantage ;
26
Provided further that any service rendered by any such employee before the establishment of the Corporation shall be deemed to be service rendered under the Corporation.
Definitions. 3. For the purpose of this Act, unless there is anything repugnant in the subject or context.
"Assessment List."
(1) "Assessment list" means the municipal assessment list prescribed by Section 156 and in- cludes any list subsidiary thereto ;
" Bakery." (2) "Bakery or baking house" means any place where bread, biscuits, confectionery and such other things are baked for the purpose of sale;
(3) "Budget grant" means the total sum entered _ on the expenditure side of a Budget Estimate under a major head and which has been finally adopted by the Corporation and includes any sum by which such budget grant may be increased or reduced by transfer from or to other heads in accordance with the provisions of this Act, rules, regulations and bye- laws made thereunder;
" Building." (4 ̂ "Building" includes a shop, house, hut, out- house, garage, shed, privy, urinal, other roofed struc- ture or stable for whatsoever purpose and of whatso- ever material constructed and also a wall, but does not include a tent or other merely temporary shelter or shed erected on ceremonial ar festive occasions.
" Building (5) " Building line" means a line which is in rear of line." the street-alignment and to which the main wall of a building abutting o:i a street may lawfully extend and beyond which no portion of the building may extend except as prescribed ;
'Bye-law." (6) " Bye-law" means a bye-law made under this Act ;
•'C arriage." (7) "Carriage" means any wheeled vehicle with springs or other appliances acting as springs, of a kind ordinarily used for conveyance of human beings and includes jin-rickshaws, cycle-rickshaws, bicycles and tricycles but does not include perambulators and in particular does not include any motor vehicle as defined in the Assam Motor Vehicles Taxation Act, 1936;
27
(8) " Cart" means any cart, hackney, or wheeled vehicle with or without spring, which is not a carriage as defined under sub-section (7) ;
"City" means to be speci- this behalf and
•'C ity •( G au hati" or the
" C ity ."
(9) " City of Gauhati'' or area within the boundaries fied by the State Government on duly notified in the official Gazette from time to time as required under Section 42 of this Act.
(10) " Commissioner" means the Commissioner sione™'"a
PP°'nte
^ under Section 29 and includes a person appointed to officiate as Commissioner ; Company" (H) " Company" means a company including an existing company, private company and public com- pany, as defined in the Companies Act, J 956 (Central Act I of 1956), and includes a co-operative society registered or deemed to have been registered under the Co-operative Society Act, 1959 (A.ssam Act I of 1960) or any re-enactment the eto:
" Compost (12) " Compost manure" means the produce pre- M anure, Spared from offensive matter, rubbish and sewage by subjecting them to the process of compost making in the manner prescribed by rules ;
" Conservan- (13) " Conservancy" means the removal and dispo- cy." sal of sewage, offensive matter and rubbish ; £ " Corpora. (14) ' Corporation" means the Municipal Corpora- tion ." ̂ tion of G auhati;
, "Cream." (15) " Cream" means that portion of milk rich in milk-fat which has risen to the surface of milk on standing and has been removed or which has been separated from milk by centrifugal force;
content." (16) " Cubical content" when used with refe- rence to the measurement of a building, means the space contained within the external surface of its walls and roof and the upper surface of the floor of its lowest or only storey ;
28
"Dairy." (17) "Dairy" includes any farm, cattle-shed, cow- house, from which milk-store, milk-shop or other places—
(a) from which milk is supplied for sale, or
(b) in which milk is kept for purposes of sale or used for manufacture or preparation for sale of any of the following articles;—
(i) butter, fii) ghee,
(iii) cheese,
(iv) curds, and
(v) dried, sterilised or condensed or tinned milk; but does not include—
(a) a shop or other place in which milk is sold for consumption on the premises only, or fb) a shop or other place from which milk is sold or supplied in hermetically closed and unopened receptacles in the same original condition in which it was first received in such shop or other place.
"Dairy man."
(18) "Dairy man" includes any occupier of a dairy, any cow-keeper who trades in milk, or any seller of milk whether wholesale, or by re ta il;
" Dairy pro. (19) "Dairy produce" includes milk, butter, ghee,
cluce." curd, butter milk, cream, cheese and any and every product of milk.
" Dangerous (20)" Dangerous disease" means—
disease."
(a) small-pox, cholera, dysentery, plague, tuberculosis, leprosy, enteric fever, diphtheria, cerebrospinal meningitis and syphillis ; and
(b) any other epidemic, endemic or infectious disease which the State Government may, by notification in the official Gazette, declare to be a dangerous disease for the purposes of this A ct;
29
" Domes t ic purposes.''
(21) " Domestic purposes" :—Supply of water for domestic purposes shall not be deemed to include a supply:—
(a) for animals or for washing carriages where such animals or carriages are kept for sale or hire,
(b) for any trade, manufacture or business other than those concerned with the manufacture or supply of articles of food and drink for human beings.
(c) for fountains,
(d) for watering gardens, roads or paths,
(e) for any ornamental or mechanical purpose, (f ) for building purposes ;
"Drain." (22) " Drain" includes a sewer, a house drain, a drain of any other description, a tunnel a culvert, a ditch a channel, and any other device for carrying off sullage, sewage, offensive matter, polluted water, rain water or sub-soil w ater;
" Eating home."
(23) "Eating house" means any premises to which the public are admitted and where any kind of food is prepared and or supplied to the public for consumption on the premises for the profit or gain or any person owning or having an interest in or managing such premises ;
"Entertain- ment."
(24) " Entertainment" includes any exhibition, performance, amusement, game or sport to which pere sons are usually admitted on payment;
/ 30 'Erect or „ (25) " Erect or re-erect" any building re-erect. jn c lu c j c s ; —
fa) any material alteration or enlargement of any building ;
(b) the structural conversion into a place for human habitation of a building not ori- ginally constructed for human habitation;
(c) the structural conversion into more than one place for human habitation of a building originally constructed as one such place ; •»
(d) the structural conversion of two or more places of human habitation into a great number of such place ; *
(e) such alteration of the internal arrangement of a building as effects an alteration in its sanitary or drainage arrangements or affects its stability ;
( f ) the addition of any rooms, buildings, out houses or other structures to a building ;
(g) the reconstruction of the whole or any part of the external walls of a building or the renewal of the posts of a wooden build- ing ;
'Essential
Service."
(26) " Essential Service" meansand includes ser- vices concerning health, sanitation and water supply organisation of the Corporation and also any other services declared or notified by the Corpora- tion with approval of State Government from time to time as essential service ;
" Examiner." 627) " Examiner" means the Examiner of Local Accounts, Assam and includes officers subordinate to him assigned for the purpose of Audit ;
Factory." (28) " Factory" means a factory as defined in the Factories Act, 1948 ;
"Flith."
(29) " Filth" includes night-soiJ, sewage and all offensive matters ;
"Financial year."
(30) " Financial year" means the year commencing on the first day of April ;
30
31
'"Food." (31) " Food" , notwithstanding anything contained in the Prevention of Food Adulteration Act, 1954, includes every article used for food or drink by man other than drugs or water, and any article which ordinarily enters into or is used in the composition or preparation of human food and also includes con- fectionery, flavouring, and colouring matter and spices and condiments ;
"Good?." (32) " Goods" includes animals ;
"Govern- (33) " Government" means the Government of the ment," State of Assam ;
"Half year." (34) " Half year" means half of financial year ;
"Holding" (35) " Holding" means land held under one title Or agreement and surrounded by one set of boundaries; Provided that where two or more adjoining hold- ings form part and parcel of the site or premises of a dwelling house, manufactory, warehouse, or place of trade or business, such holdings shall be deemed to be one holding for the purposes of this Act ;
Explanation.—Holdings separated by a road or other means of communication shall be deemed to be adjoining within the meaning of this proviso :
Provided also that where land has been let out to occupants in separate parcels paying rents separately, each such parcel shall be treated as a distinct holding in spite of such parcels of land being held under one title.
„ „ (36) " House" means any hut, shop, warehouse, °USf' workshop, a masonry or framed building ;
"House-gul- (37) " House-gully" means a passage or strip of land ly." constructed, set apart, or utilised, for the purposes of serving as a drain or affording access to a latrine, urinal, cess-pool or other receptacle for filthy or polluted matter, to municipal employee or per- sons employed in the cleansing thereof or in the removal of such matter therefrom and includes the air-space above such passage or land ;
32
"Hut." (38) "H ut" means any building which is constructed principally of wood, bamboo, mud, leaves, grass, cloth or thatch and includes any structure of whatever material made which the Corporation may declare to be a hut for the purposes of this A ct;
" Inhabitan.t' (39) " Inhabitant" used with reference to a local area means any person ordinarily residing or carrying on business or owning or occupying immovable pro- perty therein ;
(40) " Land" includes benefit to arise out of land, things attached to the earth or permanently fastened to anything attached to the earth and also land covered by w ater;
(41) " Latrine" means a place set apart for defecating or urinating or both and includes a closet of the dry or water carriage type and urinal ;
(42) " Lay-out" means any area or plot of land demarcated or marked out into regular and convenient bits of divisions to utilie, sell, lease out or otherwise dispose of the same as sites for the construction of buildings and includes a street or streets or road or roads giving access to the site or sites and connecting with an existing public or private street ; 'Local au- ( ^ ) " Local authority" means the Municipal thority." Corporation of Gauhati and also includes Municipal Boards, Town Committees, Panchayats and Develop- ment Authorities ;
"Lodging (44) " Lodging House" means a house in which House." visitors or other persons are lodged for hire for a night or more and where there is community of eating or sleeping accommodation ;
• Marke " (45) " Market" means any place where persons assemble for the sale and purchase of articles intended for food or drink or of livestock or other merchandise;
" Municipal (46) " Municipal Authority" means any of the Authority." Municipal Authorities specified in sub-secticn (2) of Section 4 of this Act ;
'Mualcipul " Municipal drain" means a drain vested drain." i» the Corporation;
33
" Muuicipal V irket."
" Municipal Office,"
(48) " Municipal market" means a market belonging to or maintained by the Corporation;
(49) " Municipal office" means the principal office of the Corporation ;
ding*"bUi1' (50) "New building" means and includes—
(a) any building constructed or in the process of construction after the commencement of this Act;
(b) any building which, having collapsed or having been demolished or burnt down for more than one-half of its cubical content is reconstructed wholly or partially after the commencement of this Act, whether the dimensions of the reconstructed building are same as those of the original building or not;
(c) any building not originally constructed for human habitation after the commencement of this Act;
Explanation.-—Clause (b) applies whether mere- than half the cubical content has collapsed or been demolished or burnt down at the same time or at different times.
"Notification" means a noti-'cation pub. lished in the Official Gazette of the Government of Assam;
''Nuisaate" (52) " Nuisance" includes any act, omission palace or thing which causes or is likely to cause injury, danger, annoyance or offence to the sense of sight, smell or hearing or disturbance to rest or sleep, or which is or may be dangerous to life or injurious to health or property;
"Occupied! (53) "Occupier" means— (a)Tany person who for the time being is paying or is liable to pay to the owner the rent or any portion of the rent of the land or building in » respect of which such rent is paid or is pay- c a b le ;
(b) an owner in occupation of, or the land or building;
otherwise using
(c) a rent-free tenant of any land or building;
(d) a licensee in occupation of any land or building;
(e) any person who is liable to pay to the owner damages for th use and occupation of any land or building;
34
^Octroi" (54) " Octroi" means a tax on the entry of goods into the limits of the city for consumption, use or sale therein ;
'•Offensive
(55) " Offensive matter" includes animal
matter" .
carcass, kitchen refuse and table refuse, dung, diyt and putrid or putrefying substances other than sewage;
" Owner!' (56) " Owner" includes—
(a) the person for the time being receiving the rent of any land or building or of any part of any land or building whether on his own account or as agent or trustee for any person or society or for any religious or charitable purpose, or as a receiver, or who would so receive such rent if the land, building or part thereof were let to a tenant; and
(b) the person for the time being in charge of the animal or vehicle, in connection with which the word is used ;
''Premises'* (57) " Premises" means any land or building or part of a building and includes—
(a) the garden, ground and out-houses, if any, appertaining to a building or part of a building ; and
(b) any fittings affixed to a building or part of a building for the more beneficial enjoyment thereof;
» (58) "Prescribed" means prescribed under the
" Prescribed pTOVjs ;o n g o f ?his Act, rules, regulation, and bye-Jaws;
" Private lav- (59) " Private lay-out" means a lay«uut form- o u t "' cd by an invidividual or body of persons whether incorporated hr But i
35
"Private (60) " Private road" means any street, road, z-. road" . Squ a r e c o urt, alley or passage which is not a public road and includes a pathway made by the owner of premises on his own land to secure access to or
the convenient use of such premises ;
"Privy" (61) " Privy" means place for easing nature ;
"Public (62) 'Public street" means any street, road, street" , 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 * caus eway ;
(b) the footway attached to any such street public bridge or causeway ; and i
(c) the drains attached to any such street, public bridge or causeway, and where there is no drain attached to any such street, shall unless the contrary is shown, be deemed to include also, all land upto the outer wall of the premises abutting on the street, or, if a street alignment has been fixed, then upto such alignm ent;
" Rate" (63) "Rate" means—
(a) the tax upon the rateable value of holdings ;
(b) license fees ;
(c) the water tax ; Cd) the lighting tax ;
(e) the drainage ta x ; ( f ) the scavenging tax ;
(g) the tax on private markets :
36
(® )̂ " Rateable value" means the value of a ue,., a a n y land or building fixed in accordance with the provi- K sions of this and the bye-laws made thereunder
for the purpose of assessment to property tax ;
"Regulation" (65) " Regulation" means a regulation made by the Corporation under this Act by notification in the official Gazette ;
" Reside" (66) " Reside" —
(a) a person shall be deemed to 'reside' in any dwelling house or hut which, or some portion of which, he sometimes, although not uninter- ruptedly, uses as a sleeping apartm ent; and *
(b) a person shall not be deemed to cease to 'reside' in any such dwelling house or hut merely because he is absent from it or has elsewhere another dwelling house or hut in which he resides if there is the liberty of returning to it at any time and no abandonment of the intention of returning to it ;
" Rubbish" (67) "Rubbish" means dust, ashes, broken brickss broken glass, mortar and refuse of any kind which is not "offensive matter" as defined in this section ;
" Rules" (68) " Rule" means a rule made under this Act;
^Scavenger" (69) " Scavenger" means a person employed in collecting or removing filth, in cleansing drains, latrines, or a u ghter-house or in driving carts used for the removasl filth;
" Schedule" (701 " Schedule" means the Schedule appended to this Act;
"Scheduled (71) " Scheduled Caste" means any of the Cftste" . Scheduled Castes specified in the Constitution (Sche- duled Castes) Order, 1950, for the time being in force; £
"Scheduled (72) "Scheduled Tribes" means any of the Tribe" . tribes specified in the Constitution (Scheduled Tribes) Order, 1950, for the time being in force;
" Sewage" (73) " Sewage" means night-soil and other contents of privies, urinals, cesspools or drains and includes trade effluents and discharges from manufac- tories of all kinds;
hed!* (74) " Shed" means a slight or temporary structure for shade or shelter;
»7
"Slaughter- (75) "Slaughter-house" means any place used ouse. fo r l jl c slaughter of cattle, sheep, goats, kids or pigs for the purpose of selling the flesh thereof as meat; ''Street*' (76) " Street" includes any way, road, lane, square, court, alley, gully, passage, whether a thorough fare or not and whether built upon or not, over which the public have a right of way and also the roadway or foot way over any bridge or causeway;
" Street line'' (77) " Street line" means the lffl e dividing the land comprised in and forming part of a street from the adjoining land;
' "Tax'* (78) "Tax" includes any toll, rate, cess, fee or other impost leviable under this Act;
"Trade (79) "Trade effluent" means any liquid either , affluent" with or without particles of matter in suspension therein, which is wholly or in part produced in the course of any trade or industry carried on at trade premises and in relation to any trade premises means any such
liquid as aforesaid which is so produced in the course of any trade or industry carried on at those premises, but does not include domestic sewage;
•'Trade pre- (80) " Trade premises" means any premisers mises" . used or intended to be used for carrying on any trade or industry;
" Trade re- (81) "Trade refuse" means the refuse of any fuse". trade or industry;
" Vehicle" (® )̂ " Vehicle" includes a carriage, cart, van, dray truck, hand-cart, bicycle, tricycle, cycle-rickshaw, auto-rickshaw, motor vehicle and every wheeled con- veyance which is used or is capable of being used on a street;
"Ward" (83) " ward" means a municipal ward provided by order made under Section 43 for the purpose of election of councillors;
"Water (84) " Water Course" includes any river,
Gouris", stream or channel whether natural or artificial;
"Water (85) " Water Works" includes all lakes, tanks, works' . streams, cisterns, springs, pumps, wells, reservoirs, aqueducts, water trucks, sluices, mains, pipes culverts, hydrants, stand pipes and conduits and all lands, buildings, machinery, bridges and things, used for, or intended for the purpose of supply- ing water;
"Workshop" (86) " Workshop" means any premises (includ- ing the precincts thereof) other than a factory, wherein
any industrial process is carried on ; 'Year" (87) "Year" means a year commencing on the
1st day ef April.
37
38
PART II
C on stitu tion and G overnm ent A dm inistration o f th e C orporation
CHAPTER II
The M unicipal A uthorities
Municipal 4. (1) There shall be a Corporation charged with Authorities. t h e Municipal Administration of the city of Gauhati to be known as the Municipal Corporation of Gauhati.
(2) For the efficient p rformance of the func- tions of the Corporation there shall be the following Municipal Authorities under the Corporation, namely
(a) The Standing Committee; and
(b) The Commissioner.
The C orporation
Constitution 5. (1) There shall be One councillor for every of the Cor- p o pU]a t io n o f 7 500 subject to a maximum of 60 potation. r r 'number*:
Provided that wherever five per cent or more of
the inhabitants of the Corporation are Scheduled Castes,
and in case no person belonging to the Scheduled
Castes is elected to the Corporation, the Corporation
shall co-opt one such person as Councillor:
Provided further that wherever five per cent or more
of the inhabitants of the Corporation are Scheduled
Tribes, and in case no person belonging to the Sche-
duled Tribes is elected to the Corporation, the Corpora-
tion shall co-opt one such person as Councillor:
39
Provided further that this representation shall continue only as long as special representation for the Scheduled Castes and Scheduled Tribes continues to be provided for in the Constitution of India :
Provided further that such co-opted Councillors shall be in addition to the Councillors provided for in sub- clause (I) (a) of this section.
(b) All the Councillors shall be elected by direct election on the basis of adult suffrage as stipulated in the Representation of the People Act, 1950 (Central Act X L III of 1950) from various wards into which the city shall be divided in accordance with the provisions of this Act and the rules made thereunder.
_ Explanation.-— For the purposes of this Act, " popula- tion" shall mean the population as ascertained at the latest census of which the relevant figures have been published.
Incorporation (2) The Corporation shall by the name of the tion °rPOra
' Municipal Corporation of Gauhati be a bod}' corporate and have perpetual succession and a common seal and may by such name sue and be sued.
Power of Cor- (3) The Corporation shall have power to acquire porationas and hold property, both movable and immovable with- rcXtbie &ia or
without the limits of the city, and subject to Immmovable the provisions of this Act, the rules and bye-laws made property, thereunder, to transfer or to acquire any property and to contract and do all other things necessary for the e* purpose of this Act.
G e n e r a l 6. (1) Subject to the provision of this Act and powers of rules and bye-laws made thereunder, the Municipal the Corpo- Administration of the city shall vest in the Corporation, and the Corporation shall be entitled to exercise or discharge any powers, duties and functions expressly assigned by or under this Act or any other Act,
(2) Without prejudice to the generality of the provisions of sub-section (1), it shall be the duty of the Corporation to consider al! periodical statements of
receipts and disbursements and all progress reports and pass such resolutions thereon as it thinks fit
40
Matter to 7 . I t shall be incumbent on the Gorporat
ion be provi- t o m a ]je adequate provision by any means or measures d
'rat7iT Or ' which it is lawfully competent to use or take, for each
pora an. following matters, namely :—
(J) the construction, maintenance and cleaning of drains and drainage works and public latrines, urinals and similar conveniences ;
(2) the construction and maintenance of works and means for providing a supply of water for public and private purposes ;
(3) the scavenging, removal and disposal of filth, rubbish and other obnoxious or polluted m atters;
(4) the reclamation of unhealthy localities, the removal of noxious vegetation and generally the abatement of all nuisances;
(5) the regulation of places for the disposal of the dead and the provision and maintenance of places for the said purposes ;
(6) the registration of births and deaths ;
(7) public vaccination and inoculation ;
(8) measures for preventing and checking the spread of dangerous and contagious diseases;
(9) the establishment and maintenance of hospitals, dispensaries and maternity and child walfare centres and the carrying out of other measures necessary for public medical relief;
(10) the construction and maintenance of m uni- cipal markets and slaughter-houses and the regulation of all markets and slaughter- houses ;
(11) the regulation and abatement of offensive or dangerous trades or practices ;
(12) maintenance of fire-brigade and the protection of life and property in case of fire;
(13) the securing or removal of dangerous building and places ;
(14) the construction, maintenance, alteration and improvement of public roads, streets, bridges, culverts, cause-ways and the like ;
41
(15) the removal of obstructions and protections and unauthorised occupation in or upon si reels, bridges and other public places ;
(16) the naming and numbering of streets and premises, effecting and installing of statues of important personalities ; I
(17) the maintenance of a Municipal Cor- poration office and of all public monu- ments and open spaces and other property vesting in the Corporation ;
(18) the establishment and maintenance of cattle pounds;
(19) the construction and maintenance of resi- dential quarters for the Corporation stall including conserveacy stall ;
20) the maintenance of ambulance ervice;
(21) the provision of public )park, garden play- grounds and r creation grounds .
(22) the lighting, watering and cleansing of public streets and other public places ;
(23) subject to adequate provision being made for the matter sp< eified )above, the provisions of >elief to dest tute 'persons in the city in times of famine and scarcity and the establishing! t ai d maintenance of relief works in such times ;
Matters
which may
be taken by
Corporation
at its discre
tion.
(24) taking oi measures against i ood a lultiration ire tiding milk, ghee, mustard oil, rice, a tti. a id other food stuff: and
(25) the fulfilment o f any other obligation imposed by or under this Act or any other law for the time being in force.
8. Subject to any law, rule or regulation in force the Corporation may, in its discretion provide from time to time, solely or partly for -all or any of the following matters, namely:—
(1) the establishment, aiding or maintenance oi educational institutions, libraries, museums, art galleries, botanical or zoological collec- tions;
(2) the establishment and maintenance of, and aid to, stadia, gymnasia and places for sports and games;
(3) the planting and care of trees on road sides, andelsewhercj
42
(4) the surveys of buildings and lands;
(5) the registration of marriages;
(6) the taking of a census of population;
(7) the civic receptions to persons of distinc- tion;
(8) the providing of music or other entertain- ments in public places or places of public resort;
(9) the holding of fairs and exhibitions; »
(10) the organisation, maintenance or manage- ment of institutions within or without the * city for the care of persons who are destitute, infirm, sick or incurable, or for the care and training of blind, deaf, mute or otherwise disabled persons or of handicapped and uncared for children;
(11) the organisation, maintenance or manage- ment of maternity and infant welfare homes
or centres;
(12) the purchase and maintenance of dwelling houses for Corporation employees ;
(13) any measures for the welfare of the Corpo» ration employees or any class of them inclu- ding the sanctioning of loans to such employee or any class of them for construc- tion oi houses and purchase of vehicles;
(14) the organisation or management of chemical or bacteriological laboratories for the examination or analysis of water, food adulteration, and drugs for the detection of adulteration or of causes of diseases or for research connected with the public health and medical relief ; |15) the establishment and maintenance of veterinary hospitals ;
(16) the organisation, construction, maintenance and management of swimming pools, public houses, bathing places and other institutions designed for the improvement of public
health}
43
-A (17) dairies or farms within or without the cityfor the supply, distribution and processing of milk products for the benefit of the
residents of the city ;
(18) the provision of milk to expectant or nursing mothers or infants or school children ;
(19) the construction and maintenance in public street or places drinking fountains for human being and water-troughs for animals;
(20) the regulation of lodging houses, camping grounds and rest-houses in the city ;
(21) the construction, establishment and main* tenance of theatres, cinemas, petrol pumps and other public buildings;
(22) the organisation and maintenance of shops or stalls for meeting the daily necessities of life in times of scarcity,
(23) the prevention of c.t uelty to animals ;
(24) contributions towards any public fund raised for the relief of human suffering or for the public welfare ;
(25) the acquisition and maintenance ol grazing grounds and the establishment and main- tenance of a breeding stud ;
(26) establishing and maintaining a farm or factory for the disposal of sewage ;
(27) the construction and maintenance of ware* houses and godowns;
(28) the construction and maintenance or regula- tion of garages, sheds and stands for vehicles and cattle buyers ;
(29) the organisation and management of cottage industries, handicraft centres and sales c mporia;
(30) establishing labour welfare centres for it* employees and subsidising the activities of any association, union or club or creche of such employees by grant of loans for it* general advancement ;
(31) the maintenance of a band orchestra;
(32) establishing or assisting in the establishment of information centres, wherefrom the public may readily obtain information con- cerning services, available within the city, provided by the Corporation or by Govern- ment and any other information relating to Municipal Administration affecting the city ;
(33) subject to conditions or restrictions, if any as the Government may specify—
(i) arranging for the publication, within its area, of information on questions relating to Municipal Administration ;
(ii) arranging for the delivery of lectures and addresses and the holding of discussions on such questions and arranging for this purpose display of books, cinematograph, films or models or the holding of exhibi- tion* relating to such questions ;
(34) preparing or joining in the preparation or contributions to the cost of the preparation of pictures, films, models or exhibitions to be displayed or held as aforesaid ;
(35) with the consent of the Government contri- buting towards the expenses of any Co-operative organisation carrying on activities within the area of the Cor- poration, for the purpose of promoting the development of trade, industry or com- merce therein ;
(16) the acquisition of immovable or movable property for any of the purposes before mentioned including payment of the cost of investigation, surveys or examinations in relation thereto for the construction or adaptation of buildings necessary for such purposes ;
(37) any measure not hereinbefore specifically mentioned, likely to promote public safety, health,convenience or general welfare ;
(38) the regulation of trade and commerce within the limits of the City Corporation ;
(39) the regulation of the distribution of electric power within the city ;
(40) the regulation of streams, nallas and pipes carrying water, rubbishes and effluents through the city; and
(41) the doing of anything the expenditure whereof is declared by the Corporation to be an appropriate charge on the Corporation Fund,
44
45
Standing 9. The Mayor, the Standing Committees and and^Comtl̂e
Commissioner shill give effect to every resolu- missionert
'on
^ ie
Corporation unless such resolution relates to give to a matter in which, under the provisions of this effect to re- Act or the Rules, bye-laws and regulations made Cor'o"' °fthereunder the decision of the Mayor, the Standing tion.P°r?
Committee or the Commissioner as the case may be, is final.
'A . '
>S :
.
Power of Corpora- tion to call for extracts proceed-
ings, etc.
10. The Corporation or the Mayor may
at any time call for the proceedings of a Standing Committee or of any Committee or for any return, statement, accounts or report connected with any matter with which such Committee is empowered to deal. ®
Power of 11. (1) The Corporation or the Mayor may at Corpora- any time require the Commissioner— tion and
Standing
Committee
or requi-
sion of Com-
missioner's
records.
(a) to produce any record, correspondence, plan or other document which is in his possession, or under his control as Chief Officer ;
(b) to furnish any return, plan, estimate, state- ment, account of statistics connected with the Municipal Administration ;
(c) to furnish a report by himself or to obtain from any Head of Department subordinate to him and furnish with his own remarks thereon a report upon any subject con- nected with the Municipal Administra- tion.
(2) The Commissioner shall comply with every such requisition unless in his opinion immediate compliance therewith could be prejudicial to the interest of the Commissioner or of the public, in which case he shall make a declaration in writing to that effect and shall, if required by the Commissioner or the Standing Committee, as the case may be, refer the case to the Commissioner whose decision shall be final.
46
A»alatatat 12. (1) The Corporation may, and if so
c'mmiit required by Government shall join with a local
* **' authority or authorities in appointing a Joint Com-
mittee for any purpose in which they are jointly
interested or for any matter for which they are jointly
responsible.
(2) A Joint Committee may include persons who are not members of the Local Authorities concerned but who may in their opinion possess special qualifica- tions for serving on such Committees;
Provided that the number of such persons shall
not exceed one thifB of the total number of members
ef the Joint Committee.
(3) The constitution of a Jo in t Committee shall
be by means of regulations which shall not, except in
the cases referred to in sub-sections (6) and (7) have
effect unless assented to by each of the Local Autho-
rities concerned.
(4) The regulations shall determine—
(a) the total number of members of the Joint Committee ;
(b) the number who shall be members of the Local Authorities concerned and the num- ber who may be outsiders ;
(c) the persons who shall be members of the Joint Committee or the manner in which he shall be elected or appointed ;
(d) the person who shall be the Chairman of the Joint Committee or the manner in which he shall be elected or appointed ;
(e) the terms of office of members and Chair-
man ;
(f) the powers, being powers exercisable by one or more of the Local Authorities con- cerned, which may be exercised by the Joint Committees ; and
(g) the procedure of the Joint Committee j
(5) Regulations made under sub-sections (3) and
(4) may be varied or revoked, provided that all the
Local Authorities concerned assent to such variation
•r revocation.
(6) If the Government take action under sub-
section (1), they may issue such directions as they think necessary or desirable in respect of all or any of
the matters referred to in sub-sections (3) and (4).
(7) If any difference of opinion arises between
Local Authorities under any of the foregoing provisions
of this section, it shall be referred to the Government
whose decision shall be final:
Provided that, if the Local Authority concerned is a Cantonment Authority, any such decision shall
not be binding unless it is confirmed by the Central
Government. Duties and 13. (1) Any Councillor may call the attention
powers of o f the proper Authority to any neglect in the
CauncUlorexecut
i°n
°i the municipal works, to any waste of
municipal property, or to the wants of any locality,
ana may suggest any improvements which he considers
desirable.
(2) Every Councillor shall have the right to
interpellate the Mayor on matters connected with
the Municipal Administration subject to such regu-
lations as may be framed by the Corporation. M a y o r, 14. • Neither the Mayor nor the Deputy Mayor
D e p u ty n o r any* Councillor shall receive or be paid from Councillortl̂e
hindsat
the disposal of or under the control not to re- of the Corporation any salary or other remuneration ceive remu-for services rendered by him in any capacity what-
neraticn. soever:
Provided that nothing in this section shall apply
to the payment of any conveyance allowance of
travelling allowance or daily allowance to the Mayor
or the Deputy Mayor or any Councillor by the Cor-
poration at such rate as may be determined by rulel
made by the State Government in this behalf. Election of 15. (1) The Corporation shall at its first meeting
Je utYMa-at̂er
January each year, elect—>epu y Ma- (a ) o n e o f i t s m c t n b e r s t 0 b e t b e J^a y o r .
Chairman.
(b) one of its members other than the Mayor
to be the Deputy Mayor ; and
(c) Members of the different Standing Com-
mittees from amongst its members.
47
48
(2) Each Standing Committee shall at its first meeting after the election referred to in clause (a) of sub-section (1) elect one of its members other than the Mayor to be its Chairman.
(3) The Mayor, Deputy Mayor or Cnairman shall be entitled to hold office from the time of his election and until the election of his successor provided that in the meantime he does not cease to be a councillor. On the occurrence of any vacancy in the office of Mayor, Deputy Mayor or Chairman, the Cor- poraton or Standing Committee, as the case may be, shall at its next meeting elect a successor, who shall be entitled to hold office so long as the person * in whose place he is elected would have been entitled to hold it, if the vacancy had not occurred.
Resignation 16. (1) The Mayor may resign his office by
of Mayor. giving notice in writing to the Corporation and his resignation shall take effect from the date on which it is placed before the Corporation.
(2) The Deputy Mayor, may resign ffis office by giving notice in writing to the Mayor and his resig- nation shall take effect from the date on which it is received by the Mayor.
Prerogative 17. (1) The Mayor is the head of the Corpora-
of the Mayor tion and shall be responsible to the Corporation and he shall have full access to all the records of the Corporation and shall obtain reports fiom the Com- missioner on any matter connected with the
administration of the Corporation.
(2) All correspondence between the Corporation and Government or other authority shall be con- ducted by the Commissioner :
Provided that no letter shall be sent to the Govern- ment by the Commissioner without intimation to the Mayor, and on such intimation the Mayor may furnish his views, if any, to the Government.
Functions
• f Mayor. Functions of Deputy Mayor.
18. (1) The Mayor shall preside over all meetings of the Corporation and his decision and rulings in conducting the proceedings of the meetings shall be final.
U (2) The'Mayor^ shall be solely responsible for
maintenance of discipline in the meetings of the
Corporation.
19. (1) When the office of the Mayor is vacant his functions shall devolve upon the Deputy Mayor
until a new Mayor is elected.
49
(2) When the Mayor is absent from his duty on account of illness or any other cause, the powers, duties and functions of the Mayor shall be exercised and performed by the Deputy Mayor.
(3) The Mayor may, by an order in writing, delegate any of his functions to the Deputy Mayor.
The Standing Committee
Constitution 20. There shall be Standing Committees dealing of standing respectively with—
Committee.
(i) Taxation and Finance, and Planning and Development (or Standing Finance Com- mittee) ;
(ii) Public Works
(iii) Public H ea lth ; Conservancy and Water Supply ;
(iv) Assessment, Markets and Trades ; *
(v) Appeals ; Election of gl. (1) Each Standing Committee shall consist Committees. ^ve me
mbers elected by the Corporation from its own numbers other than the M ayor:
Provided that no Goncillor shall be a member of more than one Standing Committee a t the same time.
(2) A Councillor elected to be a member of a
Standing Committee shall hold office for one year unless he sooner resigns from the same, or his term of office as Councillor is in any manner determined earlier but any member may be elected again to the same or any other Standing Committee:
Provided that a member elected in a casual vacancy shall be entitled to hold office so long only as the person in whose place he is elected would have been entitled to hold office if the vacancy had not occurred.
(3) When a vacancy occurs in a Standing Com- mittee, the Corporation shall fill up the vacancy as soon as may be by the election of another Councillor.
50
Function 22. The Corporation shall by regulations framed Committeesôr tl̂c
Pur
Pose
determine the powers and duties of ommi e . standing Committee and may by such regulations provide for a conference of two or more Standing Committees or a Joint Committee for any purpose in respect of which they may be jointly interested. Special po- 23. (1) The Standing Committee dealing with wers of finance and taxation, etc. (hereinafter referred to as finance Standing Finance Committee) in addition to the Committee, powers, duties, and function determined under the regulations referred to in Section 22—
(a) shall supervise the utilisation of the budget » grants;
(b) shall have access to the accounts of the Corporation and may require the Com mis- js sioner to furnish any explanation which it considers to be necessary a3 to the receipts and expenditure of the Municipal Fund ;
(c) may conduct a monthly audit of the munici- pal accounts and shall be bound to check the monthly abstract of receipts and dis- bursements for the preceding month as furnished by the Commissioner ;
(d) may recommend to the Corporation the writing off of the amount of any loss of, or of any depreciation caused to, municipal property which appears to the Committee to be irrecoverable.
Constitution Whenever in this Act the expression " the of referencesStanding Committee" occurs, it shall unless the con- to Standing text otherwise requires, be deemed to refer to the Committee particular Standing Committee to which the power or duty in connection with which the expressios is used is assigned by this Act or by regulations made by the Corporation. J*
Dalegatioa ^5. In any case in which it is provided by this o f powers to Actor an
Y other law that the Commissioner may take C o m m i s* action subject to the approval, sanction, consent or s i o n e r by concurrence of a Standing Committee, the Committee Committee?8 ma
X' resolution in writing, authorise him to take action in anticipation of its approval, sanction, consent or concurrence subject to such conditions, i f any, as may be specified in such resolution.
flection of 26. Every Standing Committee shall at its first 'afidr
Deputvmeetn̂
S *"cct one
*ts mcm
bers to be the Chair- Cbairman.7man
and another as its Deputy Chairman. rerm of 27. (1) The Chairman or Deputy Chairman of ancT'oeputya
Standing Committee shall hold office from the time Chairman. of his election until the election of his successor in office unless in the meantime he resigns his office as Chairman or Deputy Chairman or his term of office as member of the Standing Committee is in any manner terminated.
(2) An outgoing Chairman or Deputy Ghairman shall be eligible for re-election.
(3) On the occurrence of any vacancy in * the office of the Chairman or Deputy Ghairman a Stand- ing Committee shall at the meeting next after the occurrence o f such vacancy elect one of its members as Chairman or Deputy Chairman as the case may be.
Resignation 28. (1) The Chairman, the Deputy Chairman or any deputy other members of the Standing Committee may, at and membersan
Vt
*me
> resign his office by writing under his hand of Standing addressed to the Mayor. Committee.
(2) A resignation under sub-section (1) shall take effect from the date specified for the purpose in writing referred to in that sub-section, or if no such date is specified, from the date of its receipt by the Mayor as the case may be.
The Com m issioner
Appoint- 29. Immediately after coming into force of this ment ofComAct the State Government shall depute and appoint missioner. a n officer of sufficient seniority and experince as Com- missioner of the Corporation on such terms and
conditions, as the former may determine. He shall not be a member of the Corporation, but shall be a wholetime officer of the Corporation and shall have the right to attend all the meetings of the Corporation without any right of voting.
51
Power an 30. Notwithstanding anything c j n t a i n e d fi1?Tt^Comt1̂'s
Act, the first Commissioner appointed by missioner. 'Government under Section 29, shall perform only such functions under this Act as are specifically notified by the Government for the purpose of holding of the first general election of the Councillors and conven- ing of the first meeting of the Corporation
for the election of Mayor, Deputy Mayor and
Members of Standing Committees under Section 15 and for convening of the first meeting of the Standing Committees for electing Chairman and Deputy Chair- man under Section 26 and shall thereafter perform all functions of the Commissioner under the Act.
Salary a nd 31. The pay and allowances of the Commissioner allowances a s m a y from time to time be fixed by the State of Commis- Go v e r n m ent, shall be paid in the first instance from the consolidated fund of the State. The whole
of .the pay and allowances paid to the Commis-
sioner and the contributions towards his leave salary and pension to the extent required shall be credited monthly io the State fund by the Corporation.
Leave of 32.(1) Leave may be granted to the Commis- Commissioner sioner by the State Government on the recommenda- tion of Mayor.
(2) Whenever such leave is granted to the Com- missioner the State Government shall appoint another person to officiate as Commissioner in his place.
Appointment 33. If any vacancy occurs in the office of the Com- of officiating missioner on account o f death, resignation or removal Commis- the State Government may appoint another person to of death ^e-e°® câtc
Commissioner in his place for a period signation or not exceeding two months pending the appointment removal. of Commissioner under Section 29.
P o w e r of 34. Subject, whenever it is hereinafter C om m is- expressly directed, to the sanction of the Corporation sioner. o r Standing Committee, as the case may be, and subject to all other restrictions, limitations and conditions hereinafter imposed, the executive power for the purposes of carrying out the provisions of this Act shall be vested in the Commissioner, who
•hall also perform all the duties and exercise all the powers specifically imposed or conferred on him other- wise.
52
S3
Emergency 35. The Commissioner may in case of emergency Commis- ^*rect
execution of any work, or doing of any «ioner.act
which would ordinarily require th e approval, sanc- tion, concurrence or consent of the Corporation or the Mayor and the immediate execution or the doing of which is, in his opinion, necessary for the service or safety of the public, or for the prevention of extensive damage to any property of the Corpora- tion, and may direct that expenses for executing the work or of doing the act shall be paid from the Muni- cipal Fund, provided that the Commissioner shall report forthwith to the Mayor, the action taken under this section and the reason thereof.
Custodian The Commissioner shall be responsible for
of Records, the custody of all records of the Corporation including all papers and documents connected with the proceedings of the Corporation, the Standing Com- mittees and other Committees, and shall arrange for the performance of such duties relative to the procee- dings of the said bodies as they may respectively impose.
Delegation The Commissioner may delegate to the holder
of Commis- of any municipal office any of his ordinary powers,
sioner's duties or functions except those conferred or imposed
ordinary UpO n o r vested in him by the following provisions,
power, namely, sub-section (1 ) of Section 41, Section 52, Section 119, sub-section (1) of Section 136, Section 337, Sections 342 to 345 (inclusive) and Section 372. Provided th a t:—
(a) such delegation shall be in writing and shall specify the name or official designa- tion of the person to whom the delegation is made ;
(b) such delegation is reported to the Mayor ;
(c) the Commissioner shall not delegate his power under Section 97 to make, on behalf of the Corporation, any contract involving an expenditure exceeding one thousand rupees;
(d) when the Commissioner delegates under this section any power or duty which is exercisable or is required to be performed subject to the approval of any other authority, the Commissioner shall send a copy of die order of delegation to such authority.
53
Reservation of control in respect of power delegated. Delegation of Commis- sioner's emergency powers.
Power of the 38. Whenever the Commissioner takes any action Commissio- in cnticipation of the approval, sanction, consent able with theor
concurrence or the Corporation in pursuance oi approvall
he powers delegated to him under Section 35 he of the stand- shall forthwith inform the Mayor. ing Commit-
tee.
39. The exercise or discharge by any municipal officer of any powers, duties or functions delegate to him under Section 37 shall be subject to such restrictions, limitations and conditions, if any, as may be laid down by the Commissioner and shall also be subject to his control and revision.
40. The Commissioner may on his own lespon- sibility and by an order in writing authorise the Health Officer, the Engineer, the Revenue Officer or any other officer who is the head of a depaitment working under the Commissioner, or any person in temporary charge of the duties of any of the offices aforesaid to exercise the emergency powers conferred upon him by Section 35.
Administration Report
41. (1) As soon as may be after the first day of April in every year and not later than such date as may be fixed by the Government, the Commissioner shall prepare a detailed administration report on the pre- G overnm ent ceding year in such form as the Government may prescribe.
(2) The Corporation shall consider the report and forward the same to the Government with their resolu- tions thereon,if any.
(3) Copies of the administration report shall be kept for sale at the municipal office. Submission
of annual
Adminis-
tration re-
nort to
CHAPTER IH
Election of Councillors
Declaration 42- (•) For the purposes of this Act the areas of local areas within the limits to be specified by the State a« G auhati Government in this behalf and duly notified in c i ty
* the Official Gazette shall constitute the city of Gauhati.
(2) The Government may, from time to time, after consultation with the Corporation, by a notifica- tion in the official Gazette, alter the limits so as to include therein, or to exclude therefrom, such area as is specified in the notification.
54
Reservation of control in respect of power delegated. Delegation of Commis- sioner's emergency powers.
Power of the 38. Whenever the Commissioner takes any action Commissio- in cnticipation of the approval, sanction, consent able with theor
concurrence or the Corporation in pursuance oi approvall
he powers delegated to him under Section 35 he of the stand- shall forthwith inform the Mayor. ing Commit-
tee.
39. The exercise or discharge by any municipal officer of any powers, duties or functions delegate to him under Section 37 shall be subject to such restrictions, limitations and conditions, if any, as may be laid down by the Commissioner and shall also be subject to his control and revision.
40. The Commissioner may on his own lespon- sibility and by an order in writing authorise the Health Officer, the Engineer, the Revenue Officer or any other officer who is the head of a depaitment working under the Commissioner, or any person in temporary charge of the duties of any of the offices aforesaid to exercise the emergency powers conferred upon him by Section 35.
Administration Report
41. (1) As soon as may be after the first day of April in every year and not later than such date as may be fixed by the Government, the Commissioner shall prepare a detailed administration report on the pre- G overnm ent ceding year in such form as the Government may prescribe.
(2) The Corporation shall consider the report and forward the same to the Government with their resolu- tions thereon,if any.
(3) Copies of the administration report shall be kept for sale at the municipal office. Submission
of annual
Adminis-
tration re-
nort to
CHAPTER IH
Election of Councillors
Declaration 42- (•) For the purposes of this Act the areas of local areas within the limits to be specified by the State a« G auhati Government in this behalf and duly notified in c i ty
* the Official Gazette shall constitute the city of Gauhati.
(2) The Government may, from time to time, after consultation with the Corporation, by a notifica- tion in the official Gazette, alter the limits so as to include therein, or to exclude therefrom, such area as is specified in the notification.
55
55
(3) The power to issue a notification under sub- section 2 shall be subject to the following conditions, namely:—
(a) a draft of the proposed notification shall be published in the official Gazette for the information of all persons likely to be affected thereby inviting objections and s u g g e s t i o n s within 60 days from the date of such publication as may be specified in such notification ;
(b) a copy of the draft notification shall be referred to the Corporation for expressing its views thereon within the period specified in such notificat ion ; and
(c) such draft shall not be further proceeded with until after the period specified in the notification has expired;
(d) On the expiry of the period specified in the notification issued under clause (a) of this sub-section and after considering any objection or suggestion which may be received by Government within the speci- fied period of the said notification, the State Govern- ment may by notification within a period of six months from the expiry of the period specified in the notification referred to above, include the pro- posed area or any part thereof in the Corporation or exclude it therefrom.
Deiimitaticn 43. (1) For the purposes of election of councillors of wards, the Corporation with the approval of the Govern- ment shall—
(a) divide the city into such number of wards as there are councillors to be elected ; and
(b) determine the extent of each ward
(2) Each ward shall return one councillor and all the electors of a ward shall be entitled to vote for election of a councillor from that ward.
56
Power to al. 4. The Government may, from time to time, delimitation1 at̂er
consulting the Corporation, by order published orders in
the official Gazette, alter or amend any orders made by the Corporation under Section 43. Election of 45. The election of Councillors shall be held in Councillors. t ^ e prescribed manner.
Qualifies- 45. a person shall not be qualified to be chosen Councillor-as a
councillor unless his name is registered as an ship." * elector in the electoral roll for any ward in the city:
Disqualifies- 47_ (J) A person shall be disqualified for being Councillor- chosen as, and for being, a councillor ship of Cor*
poration,
(a) if he is of unsound mind and stands s o declared by a competent court ;
(b) if he is an undischarged insolvent;
(c) if he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign state or is under any acknowledgement of allegiance or adherence to a foreign State ;
(d) if he holds any office of profit under the Government or under the
Corporation or under any other local authority ;
(e) if he has in proceedings for questioning the validity or regularity of an election been found to be guilty of—
(i) any corrupt practice, or
(ii) any offence punishable under section 171-E or Section 171 -F of the Indian Penal Gode unless a
period of five years has elapsed since the date of the finding or the disqualification has been removed either retrospectively or prospectively bv the Govern-
ment.
57
f) if he has been sentenced on conviction by a criminal court to imprisonment for any of the offences referred to in clause (e) or to imprisonment for an offence involving m o r a l t u r p i t u d e unless in each case a period of five years has elapsed since the date of the convic- tion or the disqualification has been removed either retrospectively or prospectively by the Government ;
(g) if he is directly interested in any subsisting contract made with, or any work
being done for the Corporation
* except as a shareholder (other than a director) in an incorporated com- pany or as a member of a co-
operative society ;
t
(h) if he is retained or employed in any professional capacity either personally or in the name of a firm of which he is a partner or with which he is engaged in a professional capacity in connection with any cause or proceedings in which the Corporation or any of the municipal authorities is interested or concerned ;
(i) if he fails to pay any arrears of any ♦ kind, due from him, otherwise than as an agent, receiver, trustee or an executor, to the Corporation within three months after a notice in this behalf has been served upon him.
(2) Notwithstanding anything contained in sub-section (1)—
(a) a person shall not be deemed to have incurred any disqualification under clause (d) of that sub-section by reason only of his receiving—
(i) any pension ; or
(ii) any allowance or facility for serving as the Mayor or Deputy Mayor or as a Councillor ; or
fjii) any fee toi attending a meeting of any committee of the Corporation;
58
(b ) a disqualification under clauses (e) and ( f ) oi sub-section (1) shall not take effect until three months have elapsed since the
date of such disqualification or if
within the period of limitation for sub- mitting an appeal or petition for revision is brought in respect of the conviction or sentence, until that appeal or petition is disposed o f ; or
»
i ;) a person shall not be deemed to have any interest in a contract or work such as is referred to in clause (h) of that sub-section by reason only of his having share or interest in—
(il any lease, sale, exchange or purchase of immovable property or any
agreement for the same ; or
(ii) any agreement for the loan of money or any security for the payment of money ; or
(iii'l any newspaper in which any advertise- ment relating to the affairs of the Corporation is inserted ; or
(iv) the sale to the Corporation or to any municipal authority or any employee of the Corporation on behalf of the Corporation of any article in which he regularly trades or the pur- chase from the Corporation or from any such authority, or any such employee on behalf of the Cor- poration, of any article of a value in either case not exceeding two thousand rupees in the pgreegate in any year during the period of the contract or work ; or
(v) the letting out on hire to the Corpora- tion or the hiring from the Cor- poration of any article of a value not exceeding two thousand rupees in the aggregate in any year during the period of the contract or work ; Or
fvi) any agreement or contract with the Corporation or any municipal
authority for taking water or elec- tricity or any other thing which the Corporation may generally supply.
59
(3) If a person sits or votes as a Councillor of the Corporation when he knows that he is not qualified or that he is disqualified to be a Councillor he shall be liable in respect of each day on which he so sits or votes to a penalty of two hundred and fifty rupees to be recovered as an arrear of tax under this Act.
Disqualities
from
continuing
as
Councillor.
48. (1) If a Councillor—
(a) becomes disqualified for being a member by reason of the provisions of section 47 ; or
(b) absents himself during three successive months from the meetings of the Cor- poration except from temporary illness or other cause to be approved by the Corporation ; or
(c) absents himself from, or is unable to attend, the meetings of the Corporation during six successive meetings for any cause whatever, whether approved by the Corporation or not;
he shall cease to hold office as such and the Government, may, by notification in the official Gazette, declare his seat to be vacant.
(2) »Vhen a C ouncillor ceases to hold office as such the Commissioner shall at once intimate in writing the fact to such Councillor and the Govern- ment, and report the same to the Corporation at its next ensuring meeting.
R ight t° vote 49. (1) Every person whose name is, for the time o f voting0 bein
« entered in the electoral roll for a ward, pre- pared in the prescribed manner, shall be entitled to vote at the election of a Councillor from that ward.
(2) Voting shall be by secret ballot and every elector shall have one vote.
60
General election of Councillors.
50. (1) A general election of Councillors shall be held for the purposes of constituting the Corporation under section 5.
(2) A bye-election shall be held for the purposes of filling up vacancies arising in the offices of the Councillors
Notifica- 51. For the purposes of constituting the Corporation,
tien for elec- t jl e Commissioner shall, by one or more notifications
cillors UD" published in the official Gazette, call upon all the wards to elect Councillors in accordance with the provision of this Act and the rules and orders made thereunder before such date or dates as may be specified in the notification or notifications.
52. When a vacancy occurs in the office of aCoun-
0ffice>e
ofln c
ih° r
» the Commissioner shall, as soon as may be,
Councillor, after the occurrence of such vacancy by a notifica- tion in the official Gazette call upon the ward con- cerned to elect a person for the purpose of filling the vacancy:
Provided that no election shall be held to fill a vacancy occurring within six months prior to the holding of a general election under section 50 (1).
Procedure 53. (1) If at a general election or a subsequent
if election bye-election held to fill a vacancy no Councillor is
aside°r
** e
hcted or an insufficient number of Councillors are elected or the election of any or all of the Councillors is set aside under this Act and there is no other candidate or candidates who can be deemed to have been elected in his place or their places, the Commissioner shall fix another day for holding a fresh election and fresh election shall be held accordingly in the prescribed manner.
(2) A Councillor elected under this section shall be deemed to have been elected to fill a vacancy.
54. If at a general election or an election held to fill a vacancy there is an equality of votes between c _ two or more candidates, the Commissioner shall uality ofvotes- decide by drawing lots which candidate shall be deemed to have been elected.
Procedure on failure of election in
61
Term of 55, (1) Subject to the provision of this Act, the Councillorstcrm
° f office °fa
Councillor shall be for five years and shall commence on the date of first meeting of the result of the general election under section 56:
Provided that the Government may, by notifica- tion in the official Gazette extend for reasons to be specified therein the said term to such period as it thinks fit and provided further that the total period so extended shall not exceed one year under section-
50(1).
(2) A Councillor elected to fill a vacancy shall hold office for the unexpired period of office of the Councillor in whose place he has been elected.
(3) An outgoing Councillor shall continue in office until the election of his successor is notified under section 56.
« Publication 56. The names of all persons elected as Gouncil-
•kcden* l° rsas soon as ma
y bea
fter
such election be published by the Government in the official Gazette :
Provided that the names of all Councillors elected at a general election shall be so published as far as possible simultaneously.
57. (1) Every Councillor shall before taking his
affirmation' seat ma
^e an
^ subscribe at a meeting of the Cor-
by Council- potation an oath or affirmation according to the
l»n. following form, namely:—
" I, A. B. having been elected a Councillor of the Municipal Corporation of the city of Gauhati do swear in the name of God/ solemnly affirm that I will bear true faith and allegiance to the Constitution of — India as by law established and that I will faithfully discharge the duty upon which I am about to enter."
(2) If a person sits or votes as a Councillor before he has complied with the requirements of sub-section (1) he shall be liable in respect of each day on which he so sits or votes to a penalty of two hundred and fifty rupees to be recovered as an arrear of tax under this Act.
Resignation 58. Any Councillor may by writing under his
o f office by hand addressed to the Mayor resign his office and
Oouaoulor. g u c h resignation shall take effect from the date on which it is accepted by the Mayor.
62
Definitions. Election
petition .
T rial o f E lection Petitions
59. In this chapter unless there is anything repugnant in the context—
(a'' "costs" mean all costs, charges and expenses of or incidental to the trial of an election petition;
(b) "corrupt practice" means any of the practices so defined in the Represen- tation of Peoples' Act, 1951 as amended from time to tim e;
(c) "election" means an election held under the provisions of this Act or of any rules made thereunder ; and
(d) "advocate" means any person entitled to appear and plead for another in a Civil Court and includes a Pleader, a vakil and an Attorney of High Court.
60. (1) No election shall be called in question except by an election petition presented in accor- dance with the provisions of this section.
(2) Such election petition shall be presented to the prescribed authority within forty-five days from the date on which the result of the election is notified.
(3) An election petition calling in question any such election may be presented on one or more of the grounds specified in Section 62, by any candi- date at such election or, by any elector of the ward concerned.
(4i An election petition—
(a) shall contain concise state ment of the material facts on which the petitioner relies ;
(b) shall with sufficient particular set forth the ground or grounds on which the election is calle in question ;
(cl shall be signed by the petition and verified in the manner laid d wn in the Code of Civil Procedure, 1908, for the verification of pleadings; and
63
(d) shall be accompanied by a sum of rupees two hundred and fifty fo r elect io petition.
Appointment g] The procedure provided in the Gode of Civil judgeStnCtProcedure, 1908, (5 of 19081, in regard to the suits shall be followed by the Court of the District Judge as far as it can be made applicable in the trial and d iiftfa l cfanelection'pctition under this Act. Ground for g2. (1) Subject to the provisions of sub-section (2) K o n 7 toif the District
J ud
Se is of
p in ion— be void.
(a) that on -the date of his election a returned candidate was not qualified or was disqualified, to be chosen as a Councillor .under this A c t; or
(b) that any corrupt practice has been committed by a returned candidate or his agent or by any other person with the consent of a returned can- date or his agent; or
(c) that any nomination paper has been improperly rejected ; or
(d) that the result of the election, in so far as it concerns a returned candidate, has been materially affected—
(i) by the improper acceptance of any nomination ; or
(ii) by any corrupt practice committed in the interests of the returned can- didate by a person other than that candidate or his agent or a person acting with the consent of such candidate or agent; or
(iiil by the improper acceptance or refusal of any vote or reception of any vote which is void; or
(iv) by the non-compliance with the provisions of this Act or of any rules or orders made ;
(vj the District Judge shall declare the election of the returned candidate to be void.
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(2) If in the opinion of the District Judge, the agent of a returned candidate has been guilty of any corrupt practice, but the Judge is satisfied—
(a) that no such corrupt practice was committed at the election by the candidate, and every such corrupt practice was committed contrary to the orders; and without the consent of the candidate;
(b) that the candidate took all reasonable means for preventing the commission of corrupt practices at the election; and (cl that in all other respects, the election was free from any corrupt practice on the part of the candidate or any of his agents;
then the District Judge may decide that the election of the returned candidate is not void.
Decision of 63. (1) At the conclusion of the trial of an the District election petition, the District Jdudge shall make an Judge. order—
(a) dismissing the election petition ; or
(b) declaring the election of all or any of the returned candidates to be void ; or
(c) declaring the election of all or any of the returned candidates to be void and the petitioner and any other candidate to have been duly elected.
(2) If any person who has filed an election petition has, in addition to calling in question the election of the returned candidate, claimed declara- tion that he himself or any other candidate has been duly elected and the District Judge is of opinion— ,
(a) that in fact the petitioner or such other candidate received a majority of the valid votes; or
(b) that, but for the votes obtained by the returned candidate, the petitioner or such other candidate would have obtained a majority of the valid votes;
65
the District Judge shall, after declaring the election of the returned candidate to be void, declare the petitioner or such other candidate, as the case may be, to have been duly elected.
(3) The District Judge after pronouncing orders made under this section shall send a copy thereof to the Corporation and the Government.
(4) Every order of the District Judge under this section shall take effect as soon as it is pronoun- ced by him :
Provided that an application may be made to the District Judge's Court for stay of operation of an order made by him under this Section before the expir- ation of the time allowed for appealing therefrom and the District Judge may, on sufficient cause being shown and on such terms and conditions as he
may think fit, stay operation of the order, but no application for stay should be made to the District Judge after an apppeal has been preferred to the High Court :
Provided further that where by any such order the election of a returned candidate is declared to be void, acts and proceedings in which that candidate has, before the date of the order, participated as a member of the Corporation shall not be invali- dated by reason of that order.
Appeals from 54. An appeal shall lie from every order th f S n o d̂ . erts passed by the District Judge under section 63 Judge' to the High Court
(2) The High Court shall, subject to the pro- visions of this Act, have the same powers, jurisdiction and authority, and follow the same procedure, with respect to an appeal under this section as if it were an appeal from the original decree passed by a Civil Court situated within the local limits of its civil appellate jurisdiction.
(3) Such appeal shall oe preferred within a period of forty-five days from the date of the order of the District Judge under section 63:
66
Provided that the High Court may entertain an appeal after the expiry of the said period of forty-five days, if it is satisfied that the appellant has sufficient cause for not preferring the appeal within such period :
Provided further that where an appeal has been preferred against an order made under this section, the High Court may, on sufficient cause being shown and on such terms and conditions as it may think fit, stay the operation of the order appealed from.
(4) The decision of the High Court on an appeal under this section shall be final and conclusive.
Execution of orders as to costs,
65. Any order as to costs under the provisions of this Chapter may be produced before the Principal Civil Court of original jurisdiction within the local limits of whose jurisdiction any person directed by such order to pay any sum of money has a place of residence or business and such court shall execute the order or cause the same to be executed in the same manner and by the same procedure as if it were a decree for the payment of money made by itself in a suit.
Maintenance j-r of secrocy (1) Every officer or clerk, agent or other of voting, person, who performs any duty in connection with recording or counting of votes at an election, shall
maintain and aid in maintaining the secrecy of the
voting and shall not, except for some purpose
authorised by or under any law, communicate to
any person any information calculated to violate
such secrecy.
(2) Any person who contravenes the provisions of sub-section (1) shall be punishable with imprison- ment for a term which may extend to three months, or with fine, or with both.
CHAPTER IV
Municipal Officers and staff
Appointment 67. (1) The Corporation may' appoint proper
of officers persons, including officers on deputation from State
of the Cor- Government to be the Chief Engineer, the Collector,
potation. t ^ e (2Iliie f Accounts and Audit Officer, the Chief Health Officer, theMunicipal Secretary and such other posts, on such other terms and conditions as may be determined in this behalf.
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(2) An officer referred to in sub-section (1) may be appointed on probation before he is con- firmed in the post.
(3) The qualifications, salary, allowance, the period of probation, if any, the period of service, the age of superannuation and all other conditions of service of the officers referred to in sub-section
(1) shall be prescribed by rules made by the Cor- poration.
(4) (a) The appointment of every officer referred to in sub-section (1) shall be subject to the approval )f the State Government.
(b) If the State Government does not com- municate its approval to the appointment of any officer referred to in sub-section (1) within 45 days from the date of receipt of the communication from the Corporation, the appointment shall' be deemed to have been approved.
(c) If the State Government refuses to approve the appointment of any officer referred to in sub-section (1), the Corporation shall make a fresh appointment to the post of such officer within forty-five days from the date of receipt of the communi- cation refusing such approval, and in the event of the failure of the Corporation to make a fresh appointment within such time, the State Govern- ment may appoint a person to the post of such officer:
Provided that pending the approval of the appointment by the State Government as aforesaid, the Corporation may appoint a person to such post for a temporary period on salary and allowances not exceeding those provided for such officer Powers and 68. The Municipal Secretary shall be the Secretary d" tle
.' . °f
of the Corporation and also of the Standing Committee Secretary.anc
* shall—
(a) perform such duties as he is directed by or under this Act to perform and such other duties in and with regard to the Corporation and the Standing Committee as shall be required of him by those bodies respectively;
(b) have the custody of all papers and docu- ments connected with the proceedings of—
(i) the Corporation and any Committee ap- pointed by the Corporation under Sec- tion 86;
(li) the Standing Committee and any sub- committee thereof;
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(c) prescribe, subject to such direction as the S t a n d i n g Committee m a y f r o m time to time give, the duties of the officer and employees immediately subordinate to him; and
(d) subject to the orders of the Standing Com- mittee exercise supervision and control over the acts and proceedings of the said officers and employees and subject to the regulations, dispose of all questions relating to the service, remuneration and privileges of the said officers and employees. Explanation.—Where a municipal officer or employees immediately before the commencement of this Act was holding a post tenable for a limited period, nothing in this Act shall be deemed to extend the term of his office beyond such period. r
Schedule of 69. (1) The Commissioner shall from time to posti- time prepare and lay before the Standing Finance Committee a schedule setting forth the designation and grades of the officers and staff other than those mentioned in sub-section (1) of section 67 who should in his opinion constitute the Corporation establishment indicating the salaries, fees and allowances payable to them.
(2) The Standing Finance Committee may either approve or amend such schedule as he thinks fit and shall lay such schedule before the Corporation for its consideration and approval.
(3) The Corporation may sanction such sche- dule with or without modifications as it thinks fit and may from time to time amend it either of its own motion or after ascertaining the opinion of the Standing Finance Committee.
Personsnot 70. (1) No officer or employee shall be enter- Schedule10 tan̂c
d in an
Y department of the Municipal Corporation not to be unless he has been appointed under section 67 or his appointed, office and emoluments are included in the Schedule for the time being in force prepared and sanctioned under section 69.
(2) Nothing in this section shall be construed a- affecting the right of tjie Corporation or the Commiss sioner to make any temporary appointment for period not exceeding six months which it or he ias empowered to make under this Act
69
^ Authority 71. Subject to other provisions of this Act, empowered ̂ appointment to the Corporation establishment shall be ^appointment.ma
de
(a) by the Corporation if the maximum salary of the officer is not below two hundred and fifty rupees per month;
(b) by the Commissioner in all cases with the approval of Corporation.
other
the
A t PP be"ma e de Appointment to posts referred to in sub- on the recom-se01*0110 ) section 67 and to posts carrying a mendation maximum salary not below one thousand rupees per of the M uni-month should be made on the recommendation of cipal Service r j1 (; Assam Public Service Commission.Commission:
(2) Appointments to posts carrying maximum salary not below two hundred and fifty rupees but below one thousand rupees per month shall be made on the recommendation of the Municipal Service Commission.
(3) The Municipal Service Commission snail hold examination periodically for recommending candidates for appointment to posts mentioned in the Schedule referred to in section 69, the maximum salary of which is not below two hundred and fifty rupees but below one thousand rupees per month.
(4) Notwithstanding anything contained in sub- section (2), if the appointing authority proposes that any particular vacancy, the maximum salary of which is not below two hundred and fifty rupees but below one thousand rupees per month, should be filled up by promotion from subordinate ranks, then the Municipal Service Commission shall decide whether such vacancy shall be filled up by promotion or by direct recruitment and in the latter case shall invite applications and take such other steps as it may consider necessary for the purpose of recommending candidates for appointment to the vacancy.
(5) Notwithstanding anything contained in sub- sections (1), (2.!, (3j and (4) it shall not be necessary to consult the Public Service Commission and the Municipal Service Commission, where a vacancy in a post is not likely to exceed three months or if the post is created for a temporary period not likely to exceed six months.
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(6) Appointments to posts, the maximum salary cf which is below two hundred and fifty rupees per month shall be made by the Commissioner with the approval of the Corporation subject to regulations relating to such appointment as may be framed by the Municipal Service Commission, and approved by the Corporation.
Constitution 73. (1) The Corporation shall, as soon as may be of Municipal after the commencement of this Act, constitute a Service Co- Municipal Service Commission consisting of— mmission. r
°
(a) a Chairman who shall be a member of the State Public Service Commission, deputed by such Commission from time to time;
(b) the Secretary to the Government of Assam Municipal Administration Department or his nominee and
(c' two Councillors selected by the Corpora- tion.
(2) The Corporation shall by rules made in this behalf provide for—
(a) the manner in which the Commission shall perform the duties imposed upon it by or under the Act; and
(b) the number of members of the staff of the Commission and their conditions of service. Powers of
Standing Fi-
nance Com-
mittee to
make regula-
tions.
74. (1) Subject to other provisions of this Act, the Corporation may, in consultation with the Standing Finance Committee and the Municipal Service Commission, frame regulations—
(a) fixing the amount and nature of security, if any, to be furnished ;
(b) regulating the grant of leave, leave allowance and officiating allowance ;
(c) regulating the grant of pension, bonus and gratuities ;
(d) regulating the grant of travelling allowance and house-rent allowance ;
(e) regulating the fixation of initial pay on a time-scale of pay ;
71
A
( f ) regulating compassionate allowance and gratuities to municipal officers and staff and families of deceased municipal officers and staff;
(g) establishing and maintaining provident or annuity fund and making contributions thereto compulsory by both the munici- pal employees and the Corporation ;
(h) prescribing the qualification for employ- ment of municipal officers and
staff;
(i) regulating conduct of municipal officers and staff; and
( j) generally prescribing the conditions of service of Municipal officers and staff:
Provided that in framing regulations as aforesaid express provision shall be made so as to ensure that any money payable to a municipal officer or staff upon his retirement from any provident fund or annuity fund or as gratuity shall be paid to him within six months of such retirement.
(2) The Corporation may, in accordance with the regulations framed under sub-section (1) grant—
(a) pensions, allowances, bonuses and gratuities to municipal officers and staff; and
(b) compassionate allowances and gratuities to members of the families of deceased mu- nicipal officer and staff and may also sup- plement contributions to a provident fund or an annuity fund in accordance with the said regulations.
(3) Subject to any regulations framed under sub-section (1), the Commissioner may grant leave of absence to any municipal officer or staff :
Provided that the Commissioner shall not grant leave of absence for any period exceeding one month to any municipal officer or staff not appointed by the Commissioner, without obtaining the san tion of the Standing Finance Committee to such leave.
Explanation:—For the purposes of this Chapter the family of a municipal officer or staff shall be deemed to include his wife, children, father, mother, brother or sister, dependent upon him for support.
72
Punishment 75. (1) Every Municipal officer and staff of M unicipal m a y reduced in rank suspended or dismissed ° ta f f1° r
*or ariy breach of departmental rules or discipline or for carelessness, negligence of duties or other miscon- duct by the authority by whom such officer or staff is appointed, as may be provided for in the rules to be made in this behalf.
(2) (a) In the case of a Municipal officer or staff drawing a salary not exceeding one thousand rupees per mensem and appointed by the Commis- sioner or by any authority to whom the power of ap- pointment has been delegated by the Commissioner, an appeal shall lie to the Standing Finance Committee. *
(b) In the case of a Municipal officer or staff appointed bv the Corporation on the recommendation of the Municipal Service Commission or the Assam » Public Service Commission an appeal shall lie to the State Government.
CHAPTER V
CONDUCT OF BUSINESS
Transaction o f Business by the Corporation
Meetings. 76. (j) The Corporation shall meet not less than once a month for the transaction of business.
(2) The Mayor or, in his absence, the Deputy Mayor may, whenever he thinks fit, and shall upon a requisition made in writing by any fifteen Councillors, call a meeting of the Corporation.
First meeting 77. The fl rS f m eeting of the Corporation after the raVelection* 8ener3
̂ election cf Councillors shall be held as early as possible but not later than six weeks from the date of announcement of the results of the election and shall be convened by the District Magistrate > (Executive).
Notice o f 78. A notice of meeting along with a list of business5business to be transacted at every meeting except at an adjourned meeting shall be delivered at registered address of each Councillor at least five days hefore the time fixed for such meeting and no business shall be brought before, or transacted at, any meeting other than the business of which notice has been so given:
73
/ ' i Provided that any Councillor may send or deliver to the Municipal Secretary notice oi any resolution going beyond matters mentioned in the notice given of such meeting so as to reach him at least three days before the date fixed for the meeting and the Municipal Secretary shall with all possible despatch take steps to circulate such resolution to every Coun- cillor in such manner as he may think fit. Explanation :—In this section, " Registered address"
means the address for the time being entered in the register of addresses of Councillors maintained in this behalf by the Municipal Secretary.
V oter e f 79. (1) All matters required to be decided by
Majority the Corporation shall, save as in this Act otherwise deeirive. provided, be determined by a majority of the Council lors voting at the meeting before which the matter ig
• brought.
(2) The voting shall be by show of hands provided that the Corporation may, subject to such rules as may be made by it, resolve that any question or class of questions shall be decided by ballot.
(3) At any meeting, unless a poll be demanded by at least five members, a declaration by the Presiding Officer of such meeting that a reso- lution has been carried or lost, and an entry to that effect in the minutes of the meeting shall, for the purpose of this Act, be conclusive evidence of the fact without proof, of the number or the proportion of the votes recorded in favour of or against such resolution.
(4) If a poll be demanded, the votes of all the members present who desire to vote shall be taken under the direction of the Presiding Officer of the meeting, and the result of such poll shall be deemed to be the decision of the Corporation at such meeting.
Presiding 80. (1) The Mayor, or, in his absence, the
» Officer at Deputy Mayor, shall preside at every meeting of the
mee mgs ^Corporation, and shall have a second or casting vote n all cases of equality of votes and his ruling in con- ducting the proceedings of the meeting shall be final.
(2) In the absence of the Mayor and the Deputy Mayor, the Councillors present at the meeting shall choose one of their members to preside, who shall in case of equality of votes have a second or casting vote.
(3) The Presiding Officer of any meeting at which a quorum of the Councillors is present may, with the consent of a majority of the members present adjourn the meeting.
(4) The Presiding Officer in an abnormal situation arising in a meeting, may adjourn the same if in his opinion the situation demand adjournment or ask the Councillor or Councillors responsible for the abnormal situation to leave the House and on his or their refusal to do so, may have him or them removed by the Marshall appointed by the Corporation.
Presiding 81. (1) Notwithstanding anything contained in Officer at Section 80 or elsewhere in this Act, a meeting for elec-
" e'e'lectiontion of t1̂C Ma
y ° r
aud the Deputy Mayor, shall be of the presided over by the Commissioner of the Plains Mayor. Division :
Provided that .such Presiding Officer shall not have any vote.
(2) If equality of votes is found to exist between any candidates for election as Mayor or Deputy Mayor, the determination of the person who shall be deemed to have been elected shall be made by lot, to be drawn in the meeting in such a manner as the Presiding Officer may determine.
(3) The Presiding Officer shall report to the State Government the name of the person elected as Mayor or Deputy Mayor and the State Government shall
publish such name in the official gazette. Provision as 82. (1) If a Councillor has any pecuniary to Council- interest direct or indirect in any contract or employ- p ecu n ia ry ^mcnt or
other matter and is present in a meeting of interest in the Corporation or of a Committee at which the any con- c o n tract or other matter is the subject of consideration, wUhCorpo- he shall at the meeting as soon as practicable after the ration. commencement thereof, disclose the fact, and shall not take part in the consideration or discussion of, or vote on any question with respect to the contract or other
m atter:
Provided that this section shall not apply to an interest which a member may have as a rate-payer or inhabitant of the area or an ordinary consumer of gas,
electricity or water, or to an interest in any matter
relating to the terms on which the right to participate in any service including the supply of goods is offered
to the public,
75
75
(2) For the purpose of this section a person shall be treated as having indirectly a pecuniary interest in a contract, employment or other matter, if he or any nominee of his is a member of any company or other body with which the contract is made or is proposed to be made or which has a direct pecuniary interest in the employment or other matter under consideration or if he is a partner or is in employment of a person with whom the contract is made or is proposed to be made or who has a direct pecuniary interest in the employment or other matter under consideration :
Provided that—
(i) this sub-seetion shall not apply to a membership of or employment under any public body; or
(ii) a member of a company or other body shall not by reason only of his membership, ba treated as being so interested if he has no beneficial interest in any shares or stock of that company or other body.
(3) In the case of married persons living together, the interest of one spouse shall be deemed for the purpose of this section to be also the interest of the other spouse.
(4) A general notice given to the Mayor by a Councillor to the effect that he or his spouse is a member of a specified company or he or his spouse is
a partner or in the employment of a specified person, shall unless and until the notice is withdrawn, be deemed to be a sufficient disclosure of his interest in any contract, proposed contract, employment or other matter relating to the company or other body or to that person which may be the subject of consideration after the date of the notice.
(5) The Municipal Secretary shall record in
a book to be kept for the purpose particulars of any disclosure made under sub-section (i 1) and of any notice given under sub-section (4) and the book shall remain open at all reasonable hours for the inspection of any Councillor. Meeting to I 83,(1) Every meeting shall be open to the ordi aarily public, unless a majority of the Councillors present at epen to the meeting decide by a resolution that any Public. enquiry or deliberation pending before the Corpo-
ration shall be held in private.
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(2) The Corporation may make rules for regulat- ing the admission of the members of the public to its meetings and for the removal by force, if necessary, of any member of the public admitted to a meeting under such rules, for interrupting or disturbing the proceeding of the meeting.
84. (1) No business shall be transacted at any Quorum meeting of the Corporation unless such meeting has been called by Mayor or Deputy Mayor or by a person authorised to sign a requisition, nor unless a quorum shall be present.
(2) The quorum necessary for the transaction of business at a meeting shall be one half of the total number of Councillors of the Corporation when any of the following subjects are to be disposed of at such meeting:—■
(1) Scale of establishment and salaries.
(ii) The framing of regulation and bye-laws under sections 415 and 416.
(iii) The annual budget estimate.
(iv) The appointment or the fixing of the pay or allowances of a paid Secretary, Engineer, Water Works Superintendent, Health Officer, Assessor or other officers.
(v) Imposition of Taxes, fees and tolls under section 144 of the Act.
(vi) The Election of Mayor or Deputy Mayor or members of the Standing Committees.
(vii) Raising of a loan.
(viii) The subject of a meeting specially convened for the purpose
(ix) Any other subject prescribed by regulatio and bye-law framed in this behalf.
(3) For all other business the quorum shall be one-third of the total number of Councillors:
Provided that in cases where the number of Councillor is not evenly divisible by three, the one third shall be ascertained by taking the number next above the whole number which is evenly divisible by three, as the number to be divided.
(4) If at any meeting the prescribed quorum is not present, the meeting shall stand adjourned to some future day to be appointed by the Mayor and three days' notice of such adjourned meeting shall be given.
(«) The Councillors present at such adjourned meeting for transaction of business other than those mentioned in sub-section (2) shall form a quorum Power ef whatever their number may be. HOrpOrmakne85
•The
Corporation may make rules for rules. th® conduct of the business at its meeting.
77
Special Com. 86. (1) The Corporation may from time to other'Com^ dme
> by specific resolution, constitute a Special
' mittecs. Committee consisting of such Councillors as it thinks fit to enquire into a report up or any matter to be specified in such resolution which may arise in connection which any of the powers, duties
and functions of the Corporation and which is not at the time under consideration by a Standing
Committee.
(2) The Corporation may at any time, constitute any (other Committee for any purpose it thinks fit. Previsions 87. (1) Every Special Committeo shall conform
relating to to any instructions that may from time to
Special Com* time be given to it by the Corporation,
mittees.
(2) The Corporation may at any time dissolve or alter the constitution of any Special Committee, and may also at any time withdraw from any Special Committee any of the powers, duties and functions delegated to it.
(3) In the absence of the Chairman from any meeting the members of the Special Committee shall choose one of their number to preside over the meeting.
(4) The report of every Special Committee shall, as soon as may be practicable, be laid before the Corporation which may thereupon take such action as it thinks fit, or may refer back the matter to the Special Committee for further investigation and
report.
Transaction o f Business by Standing and other Committees
Presiding 88. (1) The Chairman or in his absence the
z- Officers at £)e pU ty chairm an shall preside at every meeting of Standing Committee.
Committee*.
(2) In the absence of the Chairman and the ' Deputy Chairman from any meeting, the members of the Standing Committee shall choose one of their member to preside over the meeting.
Cenduct of 89. (1) The Corporation may make rules for
business at regulating the conduct of business at meetings of Ste ± 5 '. of
s u
,nd
l n
s Committees, and Special Committees and
Canunitte«»j Sub-Committees, and for providing for the constitution
etc. and conduct of business of Joint Committee of two
• r more Standing Committees in respect of matters in which two or more Standing Committees may be
jointly interested.
78
(2) In making such rules, the Corporation may provide that all or any of the provisions of section 79 and of sections 82 to 84 (inclusive) may with such modification as it thinks fit apply to such Standing Committees, Special Committees, Joint Committees or Sub-Committees.
; 0 )AlJy Standing Committee, Special
Standing Committee or Joint Committee may appoint one or
Committees, more Sub-Committees consisting of such Councillors as it thinks fit for any purpose with which it is entitled to deal and which in its opinion, can be more usefully carried out by a Sub-Committee.
(2) A Sub-Committee may be appointed for such time and shall be subject to such limitations and conditions as the Committee appointing the Sub- Committee may from time to time think fit. *
(3) No Sub-Committee shall continue to exist after the Committee appointing it has ceased to exist.
(4) All proceedings of any Sub-Committee shall be subject to confirmation by the Committee appoint-
ing it.
(5) It shall not be necessary for a member of a Sub-Committee to be a member of the Committee appointing such Sub-Committee.
Minutes and Reports of Proceedings Keepiag 91. Minutes, in which'shall be recorded the names
Pr'sccediMH.of the members
present" at, and the proceedings of, ' each meeting of the Corporation and of every Standing Committee, Special Committee or Joint Committee, respectively, shall be drawn up" and entered in a book to be kept for that purpose, duly signed by the presiding officer, and shall, thereafter, be laid before the next meeting of the Corporation or of such Committee, as the case may be, for confirmation.
Copy of the proceedings ot each meeting shall
be circulated amongst the members well ahead of
the next meeting.
79
?s»wa»ding 92. (1) The Commissioner shall forward to and ''reports State Government a copy of the minutes of the
in proceed- proceedings of each meeting of the Corporation, within
ings to State ten days from the date on which the minutes of the
Government, proceedings of such meeting were signed as provided in section 91.
(2) The State Government may also in any case call for a copy of any paper or all the papers which were laid before the Corporation or the Standing Com- mittee of Special Committee or Joint Committee as the case may be and the Commissioner shall forward to the State Government a copy of such paper or all such papers.
Validation
arts'^ 8ti<> ndf
93. (0 No act done or proceedings taken
Proceedings, under this Act shall be questioned on the ground merely of—
(a) the existence of any vacancy in, or any defect in the constitution of, the Corpora- tion, or any Standing Committee or Special Committee or Joint Gommittee, or
(b) any Councillor having voted or taken part in any proceedings in contravention of sec- tion 82, or
(c) any defect or irregularity not affecting tha merits of the case.
(2) Every meeting of the Corporation, or of any Standing Committee or Special Committee or Joint Committee the minutes of the proceedings of which have been duly signed and confirmed as prescribed in section 91 shall be deemed to have been duly convened and to be free from all defects or irregularity.
Works and Contracts
Execution 94. The Corporation may determine either of works, generally for any class of cases or specially for any particular case whether the Commissioner shall execute the work by a contract or otherwise.
95. (1) The Commissioner may sanction any estimate for a particular work the amount of which does not exceed five thousand rupees.
Power of Commis- lioaer to sanction estimates not exceeding Rupees five thousands and fifty • thousands.
(2) If the amount oi estimate exceeds five thou- and rupees but dues not exceed fifty thousand rupees the Commissioner may sanction the estimate with the
approval e f the Standing Finance Gommittee.
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Ultimate exceeding rupeei fifty thousand.
96. (1) Where a project is framed for the execution of any work or series of works the entire estimated cost of which exceeds fifty thousand rupees,
(a) the Commissioner shall cause a detailed
report to be prepared including such estimates and drawings as may be requisite and forward the same to the Standing Committee who shall submit the same before the Corporation with its suggestions,
if any ;
(b) the Corporation shall consider the report
and the suggestions and jnay reject the project or
may approve it either in its entirety or subject to
modification.
(2) (a) Where the Corporation approves the
project and the entire estimated cost exceeds five
lakhs of rupees the report, subject to any modifica-
tions as aforesaid, shall be submitted to the State
Government.
(b) The State Government may reject the pro-
ject or may sanction it either in its entirety or sub-
ject to modification.
(c) The work shall not be commenced before the project has been sanctioned by the State Government with or without modification.
(dl No material change in the project sanc-
tioned as aforesaid shall be carried into effect
without the sanction of the State Government. Explanation:— In this section and in section 95, the expression " estimate" means the total estimate for the whole of the project including the whole of the series of transactions constituting the project. Certain pro- 97- (1) With respect to the making of con- visions rela- tracts under or for any purpose of this Act, the
eutwB* 8X«f followin
5 provisions shall have effect, namely:—
caatract*. (a
̂ Every contract shall be made on behalf
of the Corporation by the Commissioner.
(b) No contract for any purpose, which in
accordance with any provisions of this Act or any
rules made thereunder the Commissioner may not
carry out without the sanction of one or the other municipal authority, shall be made by him unless
such sanction has been given.
(c) No contract involving an expenditure
exceeding ten thousand rupees shall be made by the Commissioner unless it has been sanctioned by the Standing Finance Committee.
(d) No contract involving an expenditure
exceeding fifty thousand rupees shall be made by
the Commissioner unless it has been sanctioned by
the Corporation.
81
T -,
(2) The foregoing provisions of this section shall apply to every variation or discharge ol a contract as well as to an original contract.
Manner of 98. (1) Every contract entered into by the
Execution,
Commissioner on behalf of the Corporation shall be entered into in such manner and form as prescribed in this behalf:
Provided that (a) the common seal oi the Cor- poration shall be affixed to every contract which, if made between private persons should require to be sealed and (b) every contract for execution of any work or the supply of the materials or goods shall be in writing, shall specify—
(i). the work to be done or the materials or goods to be supplied $ as the case may be,
(ii) the amount to be paid for such work, materials or goods, and
(iii) the time within which the contract or speci- fied portion thereof shall be carried out,
(2) The common seal of the Corporation shall remain in the custody of the Commissioner.
(3) No contract executed otherwise than as provided in this section shall be binding on the Corporation.
lender 99. (1) At least seven days before entering into any contract for the execution of any work or the supply of any materials or goods which will involve an expenditure exceeding five thousand rupees, the Commissioner shall give notice by an advertisement inviting tenders for such contract subject to the approval of the Standing Committee concerned.
-»
Explanation.—-In this sub-sectioa the expre »ion "contract" includes cash purchases.
(2) On receipt of the tenders made in pursu- ance of the notice given under sub-section (1) the Commissioner may, subject to the provisions of sections 95, 96 and 97, accept any tender which appears to him to be most advantageous.
Security for 100. The Commissioner shall ordinarily take
performance sufficient security for due performance of every
ef contra?*, c o n t r a C f jn ô which he enters under this Act.
82
CHAPTER VI
MUNICIPAL PROPERTY AND LIABILITY
Acquisition 101. The Corporation shall, for the purpose of oi p r o p e r ty .A c t , have power to acquire and hold movable and immovable property, or any interest therein whether within or without the limits of the city.
Acquisition 102. Whenever the Corporation decides to o i immova-acquire any immovable property for the purpose of * ble property this Act, the Commissioner shall acquire such property suntngrce
"on
behalf of the Corporation by agreement on such terms and at such price as may be approved by the Standing Committee. ,
Procedure 103. (1) Whenever the Commissioner is unaoic whenimme-to acquire any immovable property by agreement va le Pre
' under section 102, the Government may, in its discre- V not be tion, upon the app'ication of the Commissioner, made acquired by with the approval of the Standing Committee and agreement, subject to the other provisions of this Act, order pro- ceedings to be taken for acquiring the same on behalf of the Corporation, as if such property were land needed for a public purpose within the meaning of the Land Acquision Act of 1894.
(2) The amount of compensation awaidcd and all other charges incurred in the acquisition of any s uch property shall, subject to ail other provisions of j his Act, be paid by the Corporation.
Provisions governing disposal of
Municipal
property.
104. With respect to the disposal of property belonging to the Corporation the following provision shall have effect, namely:—
(a) The Commissioner, may', in the interest of Corporation dispose of by sale, letting out on hire or otherwise, any movable property belonging to the Corporation not exceeding one thousand rupees in value in each instance or grant a lease of any immovable property belonging to the Corporation including any right of fishing o r gathering and taking fruit, and the like, for any period not exceeding twelve months at a t ime.
83
The Commissioner shall bring all such transac- tions to the notice of the Standing Committee within 15 days of their execution.
(b) With the sanction of the Standing Committee the Commissioner may dispose of by sale, letting out on hire or otherwise any movable property belonging to ihe Cor- poration of which the value does net exceed five thousand rupees ; and may with the like sanction grant a lease of any immovable property belonging to the Corporation, including any such right as aforesaid, for any period exceeding one year or sell or grant a lease in perpetuity of any immovable property belonging to the Corporation the value or premium whereof does not exceed three thousand rupees.
(c) With the sanction of the Corporation the Com- missioner may lease, sell, let out on hire or otherwise convey any property, movable or immovable, belonging to the Corpora- tion.
(d) The consideration for which any immovable property or any right belonging to the Corporation may be sold, leased or other- wise transferred shall not be less than the current market value thereof.
(e) The sanction of the Standing Committee or of the Corporation under clause (b) or clause
(c) may be given either generally for any class of cases or specially in any particular case.
(f) The provisions of this section and the rules made under this Act shall apply to such disposal of prop erty belonging to the Corporation :
Provided that—
(a) no property vesting in the Corporation for the purpose of any specific trust shall be leased, sold or otherwise conveyed in such a mannei that the purpose for which it is held will be prejudicially affected j and
84
(b) no property transferred to the Corporation by the Government shall be leased, sold or otherwise conveyed in any manner contrary to the terms of the transfer, except with the prior sanction of the Government.
on 105. (11 Where any immovable property or Calms to pro- A n y r jght jn o r over any such property is claimed by or Gainst Cor-011behalf of the Corporation, or by any person as porationi. against the Corporation, the Collector may after formal inquiry, of which due notice has been given pass an order deciding the claim.
(2) The Corporation or any person aggrieved by an order passed by the Collector under sub- section (11 may, notwithstanding anything contained n any law for the time being in force, within one » year from the date on which the Corporation or such person had due notice of such order, institute a suit in any competent Civil court to set aside such
order and/or to grant a relief in lieu thereof. Pr h p e , r ty
106. Subject io any special reservation made 'corporation Oftoany special conditions imposed by the Government, ' all property of the nature hereinafter specified and situated within the city, shall vest, in and he under the control of the Corporation and with all other property which has already vested, or may herewith vest in the Corporation, shall beheld and applied by it for the purposes of this Act, that
is to say:—
(a) all public town-walls, gates, markets, slaughter houses, manure and nightsoii depots and public buildings of every description, which have been constructed oi' are maintained by the local authorities prior to the establishment of the Corpora- , tion ;
lb) all public streams, springs, and works for the supply, storage and distribution of water for public purposes, and all bridges, buildings, engines, materials and things connected therewith, or appertaining thereto and also any adjacent land (not being private property) appertaining to
any public tank or well j
ns
(e) all public sewers and drain, and all sewers, drains, culverts and water-courses in or under any public street, or constructed by or for the Corporation along-side any public street, and all works, materials and things appertaining thereto ;
(d) all dust, dirt, dung, ashes, refuse, animal matter or filth or rubbish of any kind, or dead bodies of animals collected by the Corporation from the streets, houses, privies, sewers, cesspools or elsewhere or deposited in places fixed by the Corpora- tion ;
(e) all public lamps, lamp-posts and appara- tus connected therewith or appertaining thereto ;
( f ) all land or other property transferred to the Corporation by the Government or acquired by gift, purchase or otherwise for local public purposes;
(g) all public streets, not being land owned by the Government and the pavements, stone and other materials thereof and also trees growing on, and erections, mate- rials, implements and things provided < or such streets.
Map of im. 107. The Corporation! shall maintain a register movable a n c p a map of all immovable property of which it is roper y. pr 0 pr je tor or which vests in it or which it holds in trust.
Resumption ' log. The Government may resume any immo-
by Govern* vfk]qc property transferred to the Corporation by it or
' by any local authority, where such property ig
required for a public purpose, without payment of
any compensation other than the amount paid by
the Corporation for such transfer and the market
, value a t the date of resumption of any buildings or
works subsequently erected or executed thereon by
the Corporation with the intention that such build-
ings or works should be permanent :
Provided that compensation need not be paid
for buildings or works constructed or erected in con-
travention of the terms of the transfer.
Manage* 109. (1 )The management,'control and admi-
ment of nistration of every public institution maintained out of
the Municipal Fund shall vest in the Corporation.
86
(2) When any public institution has been placed under the direction, management and control of the Corporation, all property, endowments and funds belonging thereto shall be held by the Corporation in trust for the purposes to which such property, endowments and funds were lawfully applicable, at the time when the institution was so placed:
Provided that the extent of the independent authority of the Corporation in respect of any such institution may be prescribed by the Government:
Provided also that nothing in this section shall be held to prevent the vesting^ of any trust property in the Treasurer of Charitable Endowments under the VI of IS90 Charitable Endowments Act, 1890.
PART HI
CHAPTER VII
FINANCE
The Municipal Fund
Municipal HO' Save as otherwise provided in this Act, the Fund balance at the credit of the Gauhati Municipal Board or any other local authority in the city immediately before the establishment of the Corporation and all moneys realised or realisable under this Act and all moneys otherwise received by the Corporation shall be credited to a fund which shall be called "the Munici- pal Fund" and which shall be held by the Corporation in trust for the purpose of this Act.
Receipt of moneys payable to the credit of the moneys and Municipal Fund shall be forthwith paid into the deposit in State Bank of India to the credit of an account which Bank. shall be styled " the account of the Municipal Fund of the Corporation of Gauhati" .
Application H2. (1) The moneys from time to time credited of Munici- to the Municipal Fund shall be applied in payment of pal Fund a jj s u mSj charges and costs, necessary for canying out
the purpose of this Act, or the payment of
which is duly directed or sanctioned by or under any
of the provisions of this Act.
(2) Such moneys shall likewise be applied in pay ■ ment of all sums payable out of this Municipal Fund under any other enactment for the time being in force.
87
»7
•* US- (1 )No payment shall be made by the State fid Fund ®ank of India out the
Municipal Fund except upon a cheque signed by the Commissioner.
(2) Except in the case of salaries upto three hundred rupees, which may be paid in cash, payment of any sum due by the Corporation exceeding one hundred rupees in amount shall be by means of a cheque signed as provided in sub-section (1) and not in any other way.
(3) Payment of any sum due by the Corporation not exceeding one hundred rupees in amount may be made in cash.
RestrictUa 114. Except as hereinafter provided, no pay- oa •xpandi- m ent of any sum out of the Municipal Fund shall be ''wuniripalmadc
^ydle
Commissioner unless the expenditure of Fund the same is covered by a current budget grant and a sufficient balance of such budget grant is still available notwithstanding any reduction or transfer thereof which may have been made under the provisions of this Act
Provided that this section shall not apply to pay- ments made in the following classes of cases, namely:—
(a) refu ds of taxes and other moneys which are authorised by this A c t;
(b) repayments of moneys belungii g to con- tractors or other persons and held ip deposit and of moneys collected or credited to the Municipal Fund by mistake ;
^c) sums payable in any of the following circum- stances :•—
0) under orders of the Governmentj
(ii) under the decree or order of a Civil or Criminal Court passed against the Corporation ;
(iii) under a compromise of any claim, suit, or other legal proceedings ;
(ivl on account of cost incurred ill taking immediate action by any of the Muni- cipal authorities to avert a sudden threat of danger to the property of the Corporation or to human life ;
(d) temporary payments for work urgently required by the Government in the public interest under section 116 of this A ct;
88
88
(e) sums payable as compensation under this
Act or under any rules or bye-laws made
thereunder; and
(f) expenses incurred by the Corporation on special measures taken at the outbreak of dangerous diseases.
Whenever any sum is expended under
when money clauses (c), (d), (e), (f) of proviso to Section 114,
not covered the Commissioner shall forthwith communicate the
by budget circumstances to the standing Finance Committee
gr&nt is ex- pended. which may take or recommend to the Corporation to take such action under the proviso of this Act as shall, in the circumstances, appear possible and expedient for
covering the amount of the additional expenditure.
Payments 116. On the written requisition of the
from _ the Government, the Commisioner may at any time
Fund^for undertake the execution of work certified by the Go-
works urgen- vernment to be urgently required in public interest,
tly required and for this purpose may make payment from the
tor the pu- Municipal Fund so far as the same can be met with-
bue service. Q U ̂ unduly interfering with rhe regular working of the Municipal administration.
»
Investment 117. (1) Surplus moneys at the credit of the of Surplus Municipal Fund which cannot immediately or at an aa °"® y
' early date be applied to the purposes of this Act or of any loan raised thereunder, may be, from time to time, deposited at the State Bank of India or any other Scheduled Bank or any other Bank which may be
approved by the State. Government or be invested in public securities.
(2) AU such deposits and investments shall be made by the Commissioner on behalf of the Corpora- tion with sanction of the Standing Committee and,
with the like sanction, the Commissioner may at any
time withdraw any deposit so made or dispose of any securities and redeposit or reinvest the money so withdrawn or the proceeds of the disposal of such securities.
(3) The loss, if any, arising from any such deposit or investment shall be debited to the Municipal Fund.
Constitution 118. The Corporation shall constitute such
of special special fund? as may be prescribed and such
tunds. funds as may be necessary for the purposes of tW Act. The constitution and disposal of such funds shall be effected in the manner prescribed*
89
CHAPTER VIII
BUDGET ESTIMATES
Estimates of Commissioner in consultation with the expenditure Mayor shall, on or before the 15th day of December and income each year, prepare and submit to the Standing Finance to be pre- Qo m m ittee in such form as the Corporation mav pared annua-r r
'ly by the from time to time approve— Commi-
ssioner.
(a) an estimate of the expenditure which should in his opinion be incurred by the Corporation in the next year ;
(b) an estimate of all balances if any, which will be available for re-appropriation or expenditure at the commencement of the said year ;
(c) a statement of the proposals as to taxation which it will, in his opinion, be necessary or expedient to impose under this Act in the said year ;
(d) an estimate of receipt from all sources during the said year ; and
(e) an estimate of loans to be raised for the purposes of this Act.
Framing of ^ 0 . (1) The Standing Finance Committee shall Budget Esti- on or. as soon as may be after the 15 th day of December mates.
each year consider the estimat s a rd proposals, sub- mitted under section 119 and after calling for such further detailed information as it shall think fit from the Commissioner and having regard to all the re- quirements of this Act shall, on the basis of such estimates and proposals, frame, subject to such modifications or additions thereto as it may think fit. Budget Estimates of the income and expenditure of the Corporation for the next year.
9
(2) The Commissioner shall cause the Budget Estimates as finally approved by the Standing Finance Committee to be printed and shall not later than the 15 jh day of February forward a printed copy thereof to each Councillor.
(3) The Budget Estimates prepared by the Standing Finance Committee shall be laid before the corporation on the 19th February or as soon as possible
90
thereafter and the Corporation shall consider the same. It may refer tbe estimates back to the Standing Committee for further consideration and re-submission within a specified time and shall on or before the 22nd day of March in each year adopt Budget Estimates of the income and expenditure for the next year.
(4) In the Budget Estimates the Corporation shall among other things—
(a) make adequate and suitable provisions for such of the several duties imposed by this Act;
(b) provide for the payment of all instalments of the principal and interest as they fall due for which the Corporation may be liable in respect of loans contracted by it ;
(c) allow for a closing balance at the end of the year of not less than one lakh rupees as prescribed by rules.
Power of 121. (1) The Corporation may, on the recom-
t® alter mendation of the-Standing Finance Committee, from
budget- time to time during the year:—
grants.
(a) increase the amount of the budget-grant under any head ;
(b) make an additional budget-grant to meet any special or unforeseen requirement arising during the same year ;
(c) transfer the amount or portion of the amount ofthe budget-grant under any head to the budget-grant under any other head ; and
(d) reduce the amount of the budget-grant under any head:
Provided that—
(i) due regard shall be had to all the require- ments of this Act ; and
(ii) in making any increase or additional budget-grant, the estimated closing balance at the end of the year shall not be reduced below one lakh rupees.
(2) Every increase to a budget-grant made in any
year under sub-section (1) shall be deemed to be included
in the Budget Estimates finally adopted for that year.
91
'''Power of 122. (1) If at anytime during tfie year it ap- t o S u « n
Pears to tnc
Corporation that, notwithstanding any re- incomê and duction of budget-grant that has been made under sec- expenditure tion 121, the income of the Municipal Fund during the during the game year will not be sufficient to meet the y e a r ' expenditure sanctioned in the Budget Estimate of the year and to leave at the end of the year a closing balance of one lakh rupees, then it
shall be incumbent on the Corporation to take any measures which it may consider necessary for pro- portioning the year's income to the expenditure.
(2) For the purposes of sub-section (1), the Corpora- * tion may either diminish the sanctioned expenditure of the year, so far as it may be possible with due regard to ali the requirements of this Act, or have recourse to supplementary taxation or to an ,, increase of the rates, or adopt all or any of those methods.
Provision as 123. If the whole or any part of any budget-grant to unexpen- included in the Budget estimates for a year remains un- ded budget. eX p e n de d at the end of that year, and the amount g r a n t -
thereof has not been taken into account in the opening balance entered in the budget estimate of any of the next two following years, the Standing Finance Commit- tee may sanction the expenditure of such budget-grant or the unexpended portion thereof during the next two following years for the completion of the purpose or object for which the budget-grant was originally made and not for any other purpose or object.
CHAPTER IX
BORROWING
et-
Power of Corporation
to borrow.
124. (1) The Corporation may, in pursuance of any resolution passed by it and with the prior approval of the State Government borrow by way of debentures or otherwise sums of money which may be required—
(a) for acquiring any land which it has power to acquire ;
(b) for erecting any building which it has power to e rec t;
(e) for the execution of any permanent work, the provision of any plant, or the doing of any other thing, which it has power to execute, provide or de;
92
(d) to pay off any debt due to the Government; (it) to repay a loan previously raised under this .Act or any other Act previously m force ; or
(1) for any other purpose for which the Cor- poration is, by virtue of this Act or any other law for the time being in force, authorised to borrow.
(2) When any sum of money has been borrowed under sub section (1) no portion of any sum of money borrowed for any of the purposes referred to in sub section (1) shall be applied to the pay merit of salaries and allowances to any municipal employee other than those exclusively employed in connection with the carrying out of that purpose. Form and
effect of de-
bentures.
125. (1) Debentures issued under this Act shall be in such form as the Corporation may with the previous sanction of the State Government from time to time determine.
(2) The holder of any debenture in any form duly authorised under sub-section (1) may obtain in exchange therefor, upon such terms as the Corporation shall from time to time determine, a debenture in any other form so authorised.
(3) Every debenture issued by the Corporation under this Act shall be transeferable by endorsment
(4) The right to payment of the moneys secured by any of such debentures and to sue in respect thereof shall vest in the holder for the time being without any preference by reason of seme of such debentures being prior in date to others.
93
- Payment to survivors of jo in t payees.
126. When any debenture or security issued under this act is payable to two or more persons jointly, and any of them dies, then, the debenture or security shall be payable to the survivor and legal heir of the deceased.
keceiptby 127. When two or more persons are joint jo in t ho lder E lders of any debenture or security issued under or dividend. Act, any one of such persons may give an effectual receipt for any interest or di vident payable in respect of such debenture or security, unless- notice to the contrary has been given to the Cor- poration by the other or others.
and^nvcht'06^ 8 - The ^'or
Porat
i°n
shall maintain sink- X nt!nofS
" in
8 funds for repayment of money borrowed sinking fund, under section 124 and shall pay every year into such sinking fund such sum as will be sufficient for the repayment within the period fixed for the loan of all moneys borrowed.
(2) AH money of the sinking fund shall, as soon as possible, be invested by the Commissioner in public securities and every such investment shall be reported by the Commissioner to the Corporation within fifteen days.
(3) All dividends and other sums received in respect of any such investment shall, as soon as possible after receipt, be paid into the sinking fund and invested in the manner laid down in sub-section (2).
(4) When any part of a sinking fund is invested in Municipal debentures, or is applied in paying off any part of a loan before the period fixed for repay- ment, the interest which would othetwise have been payable on such debentures or on such part of the loan shall be paid into the sinking fund and invested in the manner laid down in sub-section (2).
(_5) Any investment made under this section may, subject to the provisions of sub-section (2), be varied or transposed.
94
Application 129. A sinking fund or any part thereof shall o f be applied in or towards the discharge of the loan or a Fund. part of the loan for which such fund was created, and until such loan or part is wholly discharged shall not be applied for any other purpose:
Provided that when any loan or part thereof had been consolidated under section 131, the Commissioner shall transfer to the sinking fund of the consolidated loan, such part of the sinking fund of the original loans as may be proportionate to the amount of the original loans incorporated in the consolidated loan. Annual,taw. 130. (1) The Commissioner shall, at the end Commitcver
Y Year
> submit to the Corporation a statement tioner. showing
(a) the amount which has been invested during the year under section 128 ;
(b) the date of the last investment made previous to the submission of the state- ment ;
(c) the aggregate amount of the securities then in his hands, and
(d) the aggregate amount which has up to the date of the statement been applied under section 129, in or towards discharging loans.
✓
(2) Every sueh statement shall be published in
the official Gazette.
Power of Corporation to consoli- date loans.
131. (1) Notwithstanding anything to the con- trary contained in this part, the Corporation may con- solidate all or any of its loans and for that purpose may invite tenders for a new loan, to be called " the Cor- poration Consolidated Loan, 19—" and invite holders of the municipal debentures to exchange their debentures for scrips of such loan.
(2 ̂ The terms of any such consolidated Ioan and the form of its scrip and the rates at which exchange into such consolidated loan shall be permitted shall be subject to the prior approval of the
Government.
95
(3) The period for the exchanging of any such consolidated loan shall not, extend beyond the farthest date within which any of the loans to be consolidated would otherwise be repayable.
(4) The Corporation shall provide for the repay- ment of any such consolidated ioari by a sinking fund in the manner laid down in section 128, having regard to the amount transferred to such sinking fund under section 129.
payment for 132. All payment due from the Corporation for interest and interest on and repayment of loans shall be made in repayment, priority to all other payments due from the Corporation, over other
payment*.
133. (1) If any money borrowed or deemed to Attachment have been borrowed by the Corporation or any interest of Munici- or costs due in respect thereof be not repaid according pal Fund for l 0 conditions of the loan, the Government may mone^bo'r-attac
^ the Municipal Fund or any part thereof after rowed. serving notice in the manner prescribed.
(2) After such attachment no person except an officer appointed in this behalf by the Government shall in any way deal with the attached fund ; but such officer may do all acts in respect thereof which any Municipal authority or other employees might have done if such attachment had not taken place, and may apply the proceeds in satisfaction of the arrears and of all interest and costs due in respect thereof and of all expenses caused by the attachment and subsequent proceedings :
Provided that no > such attachment shall defeat or prejudice any debt for which the fund was previously charged in accordance with law ; and all such prior charges shall be paid out of the proceeds of the fund before any part of the proceeds is applied to the satisfaction of the debt.
96
CHAPTER X
AUDIT AND ACCOUNTS
Accounts to 134. Subject to any rules made by the Corpora- te kept in a tion in this behalf, accounts of receipts and expenditure vT™ap
jPro
' of the Corporation shall be kept in such manner and Standing in such form as the Standing .Finance Committee may Committee, from time to time determine.
Transmission 135. The Corporation shall, as soon as the to Govern3 accourits
°f the past year have been finally passed by it, ment. transmit to the Government an account in such
form as the Government may from time to time direct. Annual Ad- 136. H) The Commissioner shall as soon as may ministration be after the 1st day of April, in each year cause to be Report and prepared a detailed report of the Municipal adminis- accountsbytrat
t°n
° fthe c
by during the previous year, together Corporation.with a statement showing the amounts of the receipts and disbursements, respectively credited and debited to the Municipal Fund during the previous year, and the balance at the credit of the said fund at the close ot the said year.
(2) The Commissioner shall place the said report and statement before the Corporation for consideration and forward a copy thereof to each councillor and to the Government.
Monthly 137. (1) The Commissioner shall prepare monthly abstract an abstract of the receipts and expenditure of the Accounts. m o n th last preceding and place such abstract before the Standing Finance Committee.
(2) For this purpose, the Standing Finance Committee shall have access to all the Municipal accounts and to all records and correspondence relating thereto, and the Commissioner shall forthwith furnish to the Standing Finance Committee any explanation -*■ concerning receipts and disbursement which it may cali for.
Audit of 138. (1) The Municipal! accounts ' shall be Accounts. audited by or under the order of the Examiner of Local Accounts, Assam hereinafter referred to as the Examiner in accordance with the prescribed
procedure.
97
(2) The Corporation shall pay from the Munici- pal Fund such charges for audit as may be prescribed.
(3) The Examiner without prejudice to the generality of sub-section (1) shall include in his report,—
(a) any payment which appears to him to be contrary to law ;
(b) the amount of any deficiency or loss which appears to have been caused by the gross negligence or misconduct of any person including the Administrator of a superseded Corporation ;
(c) the amount of any sum received which ought to have been but is not brought into account by any person ; and
(d) any material impropriety or irregularity in the expenditure or in the recovery of money due to the Corporation or in the Munici- pal accounts.
(4)As soon as practicable after the completion of the audit, the Examiner shall prepare a report on the accounts audited and examined and shall send such report to the Corporation and a copy thereof to the Government.
Commis- 139. It shall be the duty of the Commissioner sioner to t o submit all accounts which are subject to audit submit ac- Examiner of Local Accounts as required bycounts to "
auditoi*. h im .
Powers of
a uditors to
require pro-
duction of
documents.
140. The Examiner may,—
(a) by written summons, require the produc tion, before any officer subordinate to him assigned for the purpose of audit, of any documents which he may consider neces- sary for the proper conduct of a u d it ;
(b) by written summons require any person accountable for, or having the custody or control of any such document to appear in person before him ; and
(c) require any person so appearing before him to make and sign a declaration with res- pect to such document or to answer any question or prepare and submit any state- ment.
98
Municipal 141. (1) The Corporation* the Standing Commit- authorities t c e o r t ĵ e Commissioner, as the case may be shall defectsand forthwith remedy any defects or irregularities that report to may be pointed out by the Examiner and shall report Go v e r n- t0 the Government the action taken by the municipal ment. authority concerned:
Provided that if there i ' a difference of opinion between the municipal authority and the Examiner, or if the municipal authority does not remedy any defect or irregularity within a period considered by the Examiner to be resonable, the matter shall be referred to the Government within such time and in such
manner as the Government prescribe and the Govern- ment shall be competent to pass such orders thereon as it thinks f it . The orders of the Government shall be final and the municipal authority shall take action in accordance therewith.
(2) If within any period fixed by an order made by the Government under sub-section (1), the muni- cipal authority concerned fails to comply with such order, the provisions of section 422 shall with all necessary modifications, be deemed to apply. Examiner to 142. (1) The Examiner may, after giving the surcharge pe r s O n concerned, an opportunity for tendering an ex- illegal pgay- planation in writing, and making such other enquiry ment or loss as he may consider necessary, disallow any item in the caused by accounts which appears to him to be contrary to law gross negli- a n ( j s u r c fia rge the same on the person making or au- w m duct'etc thorising the illegal payment and may charge, ' 'against person responsible therefor the amount
of any deficiency or loss caused by negligence or
misconduct of that person, or any sum received
which ought to have been but is not brought into
account by that person and shall, in every such
case certify the amount due from such person:
Provided that no expenses paid by any person
shall be disallowed by the Examiner if they have been sanctioned by the Government.
(2) The Examiner shall state in writing the reason for his decision in respect of every disallowances, surcharge or charge and shall send by registered post a copy thereof to the person against whom it is made.
(3) If the amount is not paid within fourteen days from the expiry of the period of appeal prescribed by the sub-section (4), the Collector, at the request of the Examiner, shall proceed forthwith to recover the amount as if it were an arrear of land revenue, and have it credited to the Municipal Fund.
(4) Any person aggrieved by a disallowance, charge or surcharge made by the Examiner may appeal to the Commissioner of Plains Division.
99
(5) The appellate authority on such appeal shall have the power to confirm, vary or quash the deci- sion of the Examiner with such directions as it thinks fit, for giving effect to the decision of appeal:
Provided further that nothing in this Section shall be deemed to debar the aggrieved party from seeking a remedy in a civil court against an order made under sub-section (1).
143 The Government may at any time direct the tion of Go- Examiner or any other Government or non-Govern- vsrnment. ment agency to make a special audit of Municipal accounts and report thereon to the Government, and the cost of conducting such special audit shall be met from the Municipal fund.
PART IV
CHAPTER XI
Taxation Taxes to be 144. (1) For the purposes of this Act, the GorPo- i mpos ed ration shall impose following taxes, namely:—
under this Act. (a ) property taxes ;
(b) a tax on draught animals, vessels and vehicles other than those mechanically pro- pelled ;
(c) a tax on theatres, theatrical performance and other shows for public amusements;
(d) a tax on advertisement other than advertise- ments published in the newspapers;
(e) a duty on the transfer of property ; J ) a tax on profession, trades and calling.
(2) In addition to the taxes mentioned in sub- section (1), the Corporation may, for the purposes of this Act, levy any or all of the following taxes, namel **:—
(a) a betterment tax on properties whose value may have increased as a result of town p lanning scheme undertaken in the city t
(b) a tax on dogs kept within the c ity ;
(c) a toll on vehicles and animals entering the city but not liable to taxation under clause
(b) of sub-section (1) 5
(d) market dues on persons exposing goods for sale in any market or in any space belong- ing to or under the control of Government or of the Corporation;
(e) a drainage tax where a system of drainage has been introduced ;
(f) a tax on pilgrims resorting periodically to a shrine within the limits of the Corpora- tion ;
(g) a tax on passengers and goods carried by road or inland waterways ;
(h) a toll on new bridges constructed by the Corporation ;
(i) Octroi ; and
(j) any other tax with the prior approval of the State Government.
Levy of 145. The Corporation may levy, with the sanc- Surchaige t j o n o f Government, a surcharge on any tax other e n t a x
- than taxes on profession, trades and callings, levied by the Corporation for the purpose of providing any specific civic service or amenity :
Provided that no such surcharge shall be levied if a tax or cess is already being levied for the same purpose by the Corporation.
Procedure 146. Before the Corporation passes any resolu- in levying tion imposing a tax or duty or fee for the first time, it etc. shall direct the Commissioner to publish a notice in the Gazette or in the local newspapers clearly indica- ting the nature and amount of the tax or duty
or fees and the date from which it is proposed to impose such tax, duty or fees:
Provided that any resolution abolishing an existing tax or duty or fees or reducing or increasing the rates at which any tax or duty or fee is levied shall not be carried into effect without the sanction of the Government.
101
(b) a tax on dogs kept within the c ity ;
(c) a toll on vehicles and animals entering the city but not liable to taxation under clause
(b) of sub-section (1) 5
(d) market dues on persons exposing goods for sale in any market or in any space belong- ing to or under the control of Government or of the Corporation;
(e) a drainage tax where a system of drainage has been introduced ;
(f) a tax on pilgrims resorting periodically to a shrine within the limits of the Corpora- tion ;
(g) a tax on passengers and goods carried by road or inland waterways ;
(h) a toll on new bridges constructed by the Corporation ;
(i) Octroi ; and
(j) any other tax with the prior approval of the State Government.
Levy of 145. The Corporation may levy, with the sanc- Surchaige t j o n o f Government, a surcharge on any tax other e n t a x
- than taxes on profession, trades and callings, levied by the Corporation for the purpose of providing any specific civic service or amenity :
Provided that no such surcharge shall be levied if a tax or cess is already being levied for the same purpose by the Corporation.
Procedure 146. Before the Corporation passes any resolu- in levying tion imposing a tax or duty or fee for the first time, it etc. shall direct the Commissioner to publish a notice in the Gazette or in the local newspapers clearly indica- ting the nature and amount of the tax or duty
or fees and the date from which it is proposed to impose such tax, duty or fees:
Provided that any resolution abolishing an existing tax or duty or fees or reducing or increasing the rates at which any tax or duty or fee is levied shall not be carried into effect without the sanction of the Government.
102
101
CHAPTER X II
The Property Taxes Components 147. Save as otherwise provided in this Act, the
S
roperty S P'°P e r t
y t a x
be levied on lands and buildings taxes/ 1®eac
h holding and shall consist of the following, namely:—
»
(a) a water-tax of such percentage of the rateable value of lands and buildings as the Corpora- tion may deem reasonable for providing water supply in the city ;
(b) a scavenging tax of such percentage of the rateable value of lands and buildings as the Corporation may deem reasonable for pro- viding for the collection, removal and dis- posal by municipal agency of all filth and polluted and obnoxious matter from latrines, urinals and cesspools and lor efficiently maintaining and repairing the municipal drains constructed or used for the reception or conveyance of such filth or polluted and obnoxious matter ;
(c) a lighting tax of such percentage of the rateable value of lands and buildings as the Corporation may deem reasonable for pro- viding for defraying the expenses necessary for the lighting cf the city ;
(d) a general tax of not less than ten and not more than twenty-five per cent of the rateable value of lands and buildings ; pro- vided that the Corporation may, when fixing the rate at which the general tax shall be levied during any year, determine that the rate leviable in lespect of lands ar.d buildings or portions of lands and buildings in which any particular class of trade or business is carried on shall be higher than the rate determined in respect of other lands and buildings by an amount not exceeding one half of the rate so fixed.
Explanation.— Where any portion of a land or buil- ding is liable to a higher rate, such portion shall be deemed to be a
separate property for the purpose
of municipal taxation.
102
Exemption 148. The Corporation may exempt the following JX"pefty*tax, Pr0
Perties from
Payment of property taxes
(a) buildings and lands vesting in the Central Government without the prior approval of the Central Government except where the pro* visions of clause (2) of Article 285 of the Constitution of India apply ;
(b) buildings and lands occupied and used for public worship or for charitable purposes, so declared by the Corporation;
(c) buildings and lands the rental value of which does not exceed twenty rupees per month :
Provided that—
(i) the building is occupied by the owner, and
(ii) the owner does not possess any other build- ing or land the rent whereof exceeds twen- ty rupees per month in the aggregate. anYscaveM- 149, Save33 otherw,9e
^provided in this Act, ing tax. the water tax shall be levied only in respect of lands and buildings—
(a) to which water-supply is made or which are connected by means of pipes from munici- pal waterworks j or
(b) which are situated in any portion of the city In which the Commissioner has given public notice that sufficient water is available from municipal water works for a reasonable sup- ply to all the lands and buildings in the said portion.
(2) Save as otherwise provided in this Act, the scavenging tax shall be levied only in respect of lands and buildings—
(a) in which there is a latrine, urinal, cesspool, bathing place or cooking place connected with a municipal drain; or
(b) which are situated in any portion of the city in which the Commissioner has given public notice that the collection, removal and disposal of all filth and polluted and obno- xious matter from latrines, urinal and cess- pools will be undertaken by municipal ageiay.
• 3
a
103
(3) The Corporation may allew a rebate upto 33 | per cent of the scavenging tax on holdings having sanitary latrines.
tionofrate- 150. (1) The rateable value o f any land or able value building assessable to property taxes shall be the of lands and annual rent at which such land or building might sessaHe to85"rcasona
bly be expected to let from year to year, less— property
taxes. (a) a sum equal to ten per cent of the said annual rent which shall be in lieu of all allo- wances for cost of repairs and insurance, and other expenses, if any, necessary to main- tain the land or building in a state to com- mand that rent; and
(b) the water tax or the scavenging tax or both if the rent is inclusive of either or both of the said taxes:
Provided that if the rent is inclusive of charges for water supplied by measurement, then for the purpose of this section, the rent shall be treated as inclusive of water tax on rateable value and the deduction of the water tax shall be made as provided therein:
Provided further that in respect of any land or building the standard rent of which has been fixed under the Assam Urban Areas Rent Control Act, 1951, the rateable value thereof shall not exceed the annual amount of the standard rent so fixed.
(2) The rateable value of any land which is not built upon, but is capable of being built upon and of any land on which a building is in process of erection shall be fixed at five per cent of the estimated capital value of such land.
(3) All plant and machinery contained or situated in or upon any land or building and belonging to any of the classes specified from time to time by public notice by the Commissioner under bye-laws made in this behalf shall be deemed to form part of such land or building for the purpose of determining the rateable value thereof under sub-section (1) but save as afore- said no account shall he taken of the value of any plant or machinery contained or situated in or upon any such land or building:
104
Provided that where the Corporation so resolves, the annual value in case of owner occupied building and land shall for the purpose of assessment of property taxes be deemed to be 25 per cent less than the annual value otherwise determined under this section.
Charge by 151. (1) The Commissioner may in such cases as measure- the Standing Finance Committee may either oFwater tax gencra
^yor
specifically direct, instead of levying water- in certain tax in respect of any land or building liable thereto cases. under section 149 charge for the water supplied to such land or building by measurement at such rate as shall from time to time be specified in this behalf.
(2) The Standing Committee may, for the cases in which the Commissioner charges for water supplied by measurement under sub-section (1), specify such conditions as it may think fit regarding the use of the water and regarding the charge to be paid for water consumed whilst a meter is out of order or under repair:
Provided that no condition specified under this sub- section shall be inconsistent with this Act or with any bye-law made thereunder.
(3) A person who is charged for water supplied by measurement shall not be liable for payment of water tax, but any sum payable by him on account of water and not paid when it becomes due shall be recoverable by the Commissioner as an arrear of water-tax under this Act.
(4) In specifying charges for water supplied by measurement under sub-section (1), it shall be lawful for the Standing Committee to specify dififerent rates in respect of different classes of lands and buildings.
105
" af scaveng- (0 The Commissioner may whenever he iag Charge thinks fit fix the scavenging charge to be paid in in certain respect of any hotel or club or any other large premises cases. at such special rate in this behalf either generally or in any particular cases, whether the service in respect of which such charge is leviable is performed by
scavengers or by substituted means or appliances.
(2) In ths cases referred to in sub-section (1), the amount of the scavenging charge shall be fixed with reference to the cost or the probable cost of the collection, removal and disposal, by municipal agency of filth and polluted and obnoxious matter from the f hotels, clubs and other large premises referred to in that sub-section.
, Incidence 153. (1) T hepropertytaxesshallbeprim arilylevia- ef property b le as follows:—taxes.
(aj if the land or building is let, upon the lessor;
(b) if the land or building is sub-let upon the superior lessor ;
(c) if the land or building is unlet, upon the person in whom the right to let the same Vests.
(2) If any land has been let for a term exceeding one year to a tenant and such tenant has built upon the land, the property taxes assessed in respect of that land and the building erected thereon shall be primarily leviable upon the said tenant, whether the land and building are in the occupation of such tenant or »ub-tenant of such tenant.
Explanation:—The term ''tenant" includes any person deriving title to the land or the building erected upon such land from the tenant whether by operation of law or by transfer inter-vivos.
(3) The liability of the several owners of any building which is, or purports to be, severally owned in parls or fiats or rooms, for payment of property taxes or any instalment thereof payable during the period of such ownership shall be joint and several,
(4) The property tax in respect of Government buildings shall be payable by the Government them- selves to the Corporation and not by occupiers.
106
Recovery 154. On the failure to recover any sum due on t°xesPrfr >erty account
property taxes in respect of any land or occupier°.m
building from the person primarily liable therefor under section 153, the Commissioner shall recover from every occupier of such land or building by attachment in accordance with section 189, of the rent payable by such occupier, a portion of the total sum due which bears, as nearly as may be, the same proportion to that sum as the rent annually payable by such occupier bears to the total amount of rent annually payable in espect of the whole of the land or building.
155. Property taxes due under this Act in chaige on respect of any land or budding snail subject to the prior premises on payment of land revenue, if any, due to the Govern- which they m e n t thereon, be a first charge—are assessed.
(a) in the case of any land or building held immediately from the Government, upon the interest in such land or building of the person liable for such taxes and upon the goods and other movable properties, if any, found within or upon such land or building and belonging to such land or building and belonging to such person ; and
(b) in the case of a ,iy other land or building upon such land or building nd upon the goods and other movable proper ties, if any found within or upon such kind or building and belonging to the person liable for such taxes.
Explanation.—The term 'Property taxes' in this section shall be deemed to include—
(i) charges payable u dcr Sections 151 and 152 ; and
fii) the costs on recovery of property taxes and the penalty, if any, payable under this Act or the rules framed thereunder.
Assessment
list. 156. (1) Save as otherwise provided in this Act, the Commissioner with the approval of the Standing Committee shall cause an assessment list of all lands
and buildings in the city' to be prepared in such form
and manner and containing such particulars with
respect to each land and building as may be prescri-
bed in the bye-laws.
(2) When the assessment list has been prepared the Commissioner shall give public notice thereof and of the place where the list or a copy thereof may be inspected, and every person claiming to be the owner, lessee or occupier of any land or building
107
included in the list and any authorised agent of such person, shall be at liberty to inspect the list and to take extracts therefrom free of charge.
(3) The Commissioner shall, at the same time, give public notice of a date, not less than one month there- after, when he will proceed to consider the rateable values of lands and buildings entered in the assessment list, and in all cases in which any land or building is for the first time assessed, or the assessment is in- creesed, he shall also give written notice thereof to the owner or to any lessee or occupier of the land or building.
(4) Any objection to a rateable value or assessment or any other matter as entered in the assessment list shall be made in writing to the Commissioner before the date fixed in the notice and shall state in what respect the rateable value, asses ment o r other matter is disputed and all objections so made shall be record- ed in a registet to be kept for the purpose.
(5) The objections shall be inquited into and inves» ligated, and the persous making them shall be allowed an opportunity of being heard either in . person Or by his authorised agent, by the Commissioner or any officer. of the Corporation authorised in this behalf by the Commissioner.
(6) When all objections have been disposed of and the revision of the rateable value and assessment has been completed, such assessment list shall be authenticated by the signature of the Commissioner or the municipal officer as authorised by him in this behalf who shall certify that except in the cases, if any, in which such amendments have been made as shown therein no valid objection has been made to the rateable values or assessments or any other matters entered in the said list,
(7) The assessment list so authenticated shall be deposited in the office of the Corporation and shall be open for inspection, free of charge during office hours to all owners, lessees or occupiers of lands and building comprised therein or the authorised agents of such persons and public notice that it is so open shall forthwith be published. Evidential 157. Subject to such alterations as may be assessmentma<
^e ln
assessment list under Section 150 list. and to the result of an appeal made under the pro- visions of this Act, the entries in the assessment list.
108
authenticated and deposited as provided in Section 156 (7) shall be accepted as conclusive evidence- fa) for the purpose of assessing any tax levied under this Act, of the rateable value of all lands and buildings to which such entries, respectively relate 5 and
(b) for the purposes of any tax levied on lands or building, of the amount of each such tax leviable therein during the year to which such list relates.
Amendment
of assessment
list.
158. (1) The Commissioner with the approval of the Standing Committee may, at any time, amend the assessment list—
(a) by inserting therein the name of any person whose name ought to be inserted; or
(b) by inserting therein any previously omitted; or land or building
(c) by striking out the name of any person not liable for the payment of property taxes; or
(d) by increasing or reducing for adequate reasons the amount of any rateable value and of the assessement thereupon ; or
(e) by making or cancelling any entry exempt- ing any land or building from liability to any property tax ; or
(f) by altering the assessment on the land or building which has been erroneously valued or assessed through fraud, mistake or accident ; or
(g) by insetting or altering an entry in respect of any building erected, re-erected, altered or added to, after the preparation of the assessment list
Provided that no person shall by reason of any such amendment become liable to pay any tax or increase of tax in respect of any period prior to the commencement of the year in which the amendment is made.
(2) Before making any amendment under sub-section (1) the Commissioner shall give to any person affected by the amendment, notice of not less than one month that he proposes to make the amendment and consider any objections which may b® made by such person.
109
shall be in the discretion of the Com- - assessmentm
issioner to prepare for the whole or any part of the list.c
hy a new assessment list every year or to adopt the rateable value and assessment contained in the list for any year, with such alterations as may in particular cases be deemed necessary, as the rateable values and assessments for the year following, giving the same public notice as well as individual notices, to persons affected by such alterations, of the rateable values and assessments as if a new assessment list had been prepared.
Notice of *60. Whenever the title of any person transfer. primarily liable for the payment of property taxes on anyj land or building is transferred, the person whose title is transferred and the person to whom the same is transferred shall within three months after the execution of the instrument of transfer or after its registration, if it is registered, or after the transfer is effected, if no instrument is executed, give notice of such transfer in writing to the Commissioner.
(2) In the event of death of any person primarily liable as aforesaid, the person on whom the title of the deceased devolves, shall give notice of such devolution to the Commissioner within six months from the date of death of the deceased.
(3) The notice to be given under this section shall be in such form as may be determined by bye-laws made under this Act, and the transferee or the other person on whom the title devolves shall, if so required, be bound to produce before the Commissioner any douements evidencing the trans- fer or devolution.
(4") Fvery person who makes a transfer as aforesaid without giving such notice to the Commissioner shall, in addition to any penalty to which he .may be subjected under the provisions of this Act, continue to be liable for the payment of all property taxes from time to ' time payable in respect of the land or building transferred until he gives such notice or until the transfer has been recorded in the Commissioner's book, but nothing in this sub-section shall be deemed to affect the liability of the transferee for the payment of he said tax.
(51 The Comnxkgioner shall record every transfer or devolution of title xotihed to him under this section in his books and in the assessment list.
110
(6) On a written request by the Commissioner, '.he Registrar or sub-Registrar of the city appointed under the Indian Registration Act, 1908, shall furnish such particulars regarding the registration of instru- ments of transfer of immovable properties in the city, as the Commissioner may from time to time require.
(7) Such information shall be furnished as soon as may be after the registration of an instrument of transfer is effected, or, if the Commissioner so requests, by periodical returns at such intervals as the Commissioner may fix. Notice of 161. When any new building is erected or erection when any building is re-built or enlarged or of building, when any building which has been vacant is re- occupied, the person primarily liable for the property taxes assessed on the building shall give notice thereof in writing to the Commissioner within fifteen days from the date of its completion or occupation whichever first occurs, or as the case may, from the date of its enlargement or re-occupation ; and pro- perty taxes shall be assessable on the building from the said date.
162. (1) When any building or any portion Notice of of a building which is liable to the payment of pro- demolition perty taxes is demolished or removed, otherwise than by order of the Commissioner, the person primarily ° u 1 mg. jia b;e fo r payment of the said taxes shall give notice thereof in writing to the Commissioner.
(2) Until such notice is given the per- on aforesaid shall continue to be liable to the payment of such property taxes as he would have been liable to pay in respect of such building if the same or any portion thereof had not been demolished or removed.
163. (1) To enable him to determine the Power ofratea
ble
value of any land or building and the person Commissio- primarily liable for the payment of any property taxes ner to call leviable in respect thereof, the Commissioner may for mforma- require the owner or occupier of such land or building, or of any portion thereof to furnish him within such enter and reasonable period as the Commissioner may fix in this inspect pre* behalf with information or with a written return signed mises. by such 0W ne r o r occupier—
(a) as to the name and place of residence of the owner and occupier, or of both the owner and occupier of such land or building ;
(b) as to the measurements or dimensions of such land or building or of any portion thereof and the rent if any, obtained from such land or building or any portion
thereof; and
(a) as to the actual cost or other specified details connected with the determination of the value of such land or building.
(2) Every owner or occupier on whom any such requisition is made shall be bound to comply with the same and to give true information or to make a true return to the best of his knowledge or belief,
(3) Whoever ombs to comply with any such requisition or fails to give true information or to make a true return to the best of hts knowledge cr belief shall, in addition to any penalty to which he may be liable, be precluded from objecting to any assessment made by the Commissioner in respect of such land or building of which he is the owner or occupier. Premises 164. Notwithstanding the fact that any land 01
owned by, Orbud
d in g 's
owned by, or let to, two or more persons in
let to, two severalty, the Commissioner shall, for the purpose of
or more assessing such land or building to property taxes, treat
persons in o f p a s o n e property ;severally to 1 1 1 be ordinarily
assessedasy Provided that the Commissioner may, in respect
one propert of any land or building which was originally treated as one property but which subsequently passes on by transfer, succession or in any other manner to two or more persons who divide the same into several parts and oBtupy them in severalty, treat, subject to any bye-law made in this behalf, each such several part, or two or more of such se veral parts together, as a sepa- rate property and assess such part or parts to property taxes accordingly.
Assessment in . anv )and or
building, bearing two or
case of more municipal numbers, or portions thereof, be amal-
amalga- gamated into one or more new premises, the Commis-
mation of sianer shall on su h amalgamation assign to them one premises. o r m O r e numbers and assess them to property taxes accordingly:
Provided that the total assessment on amalgamation shall not be greater than th<" sum of the pre- vious assessments of the several premises except when there is any revaluation of any of the said premises.
166. (1) The Corporation may, if it thinks fit,
Employment employ one or more persons to assist the Commissioner
of valuer#, in connection with the valuation of any land or build- ing and any person so employed shall have power, at all reasonable times and after giving due notice, and on production, if so required, of authorisation in writing in that behalf from the Commissioner to enter on, survey and value any land or building which the Commissioner may direct him to survey and value.
113
112
(2) No person shall wilfully delay or obstruct any such person in the exercise of any of his powers under this section.
CHAPTER X III
TAXES ON VEHICLES, BOATS AND ANIMALS
Tax oncer- I67. (1) Except as hereinafter provided, a tax at tain vehicles, rales not exceeding those specified in the an?malsan
d First Schedule shall be levied on vehicles, boats and animals of the description specified in the Schedule, when kept for use in the city for the conveyance of passengers or goods in the case of vehicles and boats and for riding, racing, draught or burden, in the case of animals.
(2) The Corporation may, by notification in the official gazette, from time to time, increase the rates of the tax specified in the schedule, in relation to any animal, class of vehicle or boat.
E xplanation .—A vehicle, boat or animal kept outside the limits of ihe city but regularly used within such limits shall be deemed to be kept in the city.
The tax on 168. The taxon vehicles, animals or boats shall e v
'** b e
leviable upon the owner of or the person having possession or control of such vehicles or animals or boats in respect of which the tax Is leviable :
Provided that in the case of an animal generally used or employed in drawing any vehicle, the tax in respect of such animal shall be leviable upon the owner of or the person having possession or control of, such vehicle, whether or not such animal is owned by such owner or person :
Provided further that the said tax shall not be leviable in respect of,—
(a) vehicles, boats and animals belonging to the Corporation;
(b) vehicles, boats and animals vesting in the Government and used solely for public purposes and not used or intended to be used for purposes of profit including vehicles, boats and animals belonging to the Defence Forces;
118
vehicle and boats intended exclusively f&t the conveyance free of charge of the injured, sick or dead ;
A,
I'm Hower of Com- wioiOBW
te eutpouad with Hverjr
•table keep- er, i t * . , fot ta»,
Theelra tax.
(o) children's perambulators and tricycles ;
(e) vehicles belonging to municipal emplo- yees who are rsquired by the terms or their appointment to maintain a conveyance for the discharge of their duties.
169. The tax on vehicles, animals or boats shall be payable in advance in such number of instalments and on such m an- ner as may be detwminesl by rules made in this behalf.
170. The Commissioner may compound for any period not exceeding one year at a time, with any livery stable keeper
or arhat' person keeping vehicles for hire or animals for sale or hire
for & lump sum to be paid in respect of the vehicles or anim al so kept in lieu of the taxes leviable under section 147 which such livety stable keeper or other person would otherwise be liable to pay.
CHAPTER XIV
TAX ON THEATRES, ETC.
171. Save as otherwise provided in this Act, there shall be levied a tax preferred to in this Act as theatre-tax) in respect of every cinema, circus, theatre, carnival and other place of entertainments to which persons are ordinarily admitted on payment for performances or shows held or conducted thereat, a t such rates not exceeding those specified in the Second Schedule:
Provided that the theatre-tax shall not be levied in respect of any performance or 3how if the Commissioner is satisfied—
(a) that the entire receipts from such perfor- mance or show will be devoted to philanthropic, religious or charitable purposes ; or
(b) that the performance c r show is of a wholly educational character ; or
(e) that the performance or show is provided for partly educational or partly scientific purposes by a society not conducted or established for
profit.
114
(2) •'The Corporation may by notification in the
official gazette, from time to time, increase the rates specified in the Schedule.
liab ility t» pay thoa« ' r e tax.
172. Every proprietor, manager, or person in- charge of a theatre, cinema, circus, carnival or other place of entertainment shall be liable to pay the theatre tax and shall pay the same in advance before the commencement of the performance or shows :
Provided that the Commissioner may compound for any period not exceeding one month, with such proprietor, manager or person fo ra lump sum to be paid for such series of performances or shows or for the performances or shows held or conducted during such period.
■«
i
CHAPTER XV
T a i on A dvertisem ents o th e r th an A dvertisem ents pub lished in the N ew spapers
lax oa 173. (I) Every person, who erects, exhibits, fixes ™nrtj.Se'or ret
? ins u
Pon or over
any land, building, wall hoarding, frame, post or structure or upon or in any vehicle any advertisement or, who displays any advertisement to public view in any manner whatsoever, visible from a public street or public place (includ- ing any advertisement exhibited by means of cinematograph) shall pay for every advertisement which is so erected, exhibited, fixed or retained or so displayed to public views, a tax specified in the 'Third Schedule;
Provided that no tax shall be levied under this section on any advertisement which—
(a) relates to a public meeting or to any election to any legislative body or the Corporation or to the candidature in respect of such election ; or
(b) is exhibited within the window of any building if the advertisement rela tes to the trade, profession or business carried on in that building ; or
115
(c) relates to the trade, profession or business carried on within the land or building upon or over which such advertisement is exhibi- ted or to any sale or letting of such lands or building or any effects therein or to any sale, entertainment or meeting to be held on or upon or in the same ; 01
'd) relates to the name of the land or building upon or over which the advertisement is exhibited, or to the name of the owner or occupier of such land or building ; or
(e) relates to the business of a railway adminis- tration and is exhibited within any railway station or upon any wall or any other property of a railway administration ; or
(f) relates to any activity of the Central Govern- ment or the State Government or the Cor- poration.
(2) The Corporation may, by notification in the official Gazette, from time to time, increase the rate specified in the schedule.
(3) The tax on any advertisement leviable under this section shall be payable in advance in such number of instalments and in such manner as may be deter- mined by rules made in this behalf.
E xplanation 1:—The word ''structure" in this section includes any movable board on wheel used as an advertisement or an advertisement medium.
Explanation 2 :—The word "advertisement" in relation to a tax on advertisement under this Act means any word, letter, model, sign, placard, notice, device or representation, whether illuminated ©r net in the nature of and employed wholly or in part for the purposes of advertisement, announce- ment or direction.
Prehiki- 17-4. (1) No advertisement shall be erected,
tion ef ad- exhibited, fixed or retained upon or over any land,
vwdieaents building, wall, hoarding, frame, post or structure or wriuen'ner- u
Pon
*r an
Y vehicle or shall be displayed in any
rhsioa if manner whatsoever in anyplace in the city without
the Centals- the written permission of the Commissioner granted si*wr. jH awtordance with bye-laws made under this Act,
116
(2) The Commission®!' shall not grant such perAis- lion if—■
(a) the advertisement contravenes any bye-law made under this Act ; or
(b) the tax, if any, due in respect of the advertise- ment has not been paid.
(3) Subject to the provisions of sub-section (2) in the case of an advertisement liable to the advertise- ment tax, the Commissioner shall grant permission for the period to which the payment of the tax relates and no fee shall be charged in respect of such permission.
4
Sewninien 1^5. The permission granted under section 174
•of tho Com- shall become void in the following cases, namely— missionsr to
bteom void
in ceertain
(a) if the advertisement contravenes any bye-law made under this Act ;
(b) if any material change is made in the adver- tisement or any part thereof without the pre- vious permission of the Commissioner ;
(c) if any addition or alteration is made to, ®r in the building, wall, hoarding, frame, post or structure upon or over which the advertise- ment is erected, exhibited, fixed or retained and if such addition or alteration affects the advertisement or any part thereof; and ;d) if the building, wall, hoarding, frame, post or structure over which the advertise- ment is erected, exhibited, fixed or retained is demolished or destroyed.
rrssumptlon 1?6. Where any advertisement has been erected,
•out™*?*- ®»bibited, fixed or retained upon or over any land, building, wall, hoarding, frame, post or structure or upon or in any vehicle or displayed to public view from a public street or public place in contravention of the provisions of this Act or any bye-laws made there- under, it shall be presumed unless and until contrary is proved, that the contravention has been committed
by the person or the persons on whose behalf the
advertisement purports to be er the agents «f such person pmons.
117
Pawn 117. If any advertisement be erected, exhibited, «?•■** in"or
r ^ ^ c d in contravention of the provisions of case of c o u . section 174, the Commissioner may require the owner travwtiejj. or occupier of the land, building, wall, hoarding, frame, post or structure or vehicle upon or over or in
which the same is erected, exhibited, fixed or retained,
to pull down or remove such advertisement or may
enter any Sand, building, property or vehicle and
have the advertisement dismantled, pulled
removed or spoiled, defaced or screened.
down or
CHAPTER XVI
Dnty on transfer of property JctnXr »f M Save as otherwise provided in this Act, property eo«l the Corporation shall levy a duty on transfer of immo- wrethed of vable property situated within the limits of the city | n accordance with the provisions hereafter in this section contained.
(2) The said duty shall be levied—
(a) in the form of a surcharge on the duty im- posed by Indian Stamp Act, 1899, as in force for the time being in the State, on every instrument of the description specified below ; and
(b) at such rate as may be determined by the Corporation not exceeding five per cent, on the amount specified below against such instruments; Description of instrument—Amount on which duty should be levied.
(i) Sale of immovable—The amount or value of the property. consideration for the sale, as set forth in the instrument.
—The value of the property of
the greater value, as set forth
in the instrument.
(ii) Exchange of • immovable pro- perty,
(iii) Gift of immovable—The value of the property as property. set forth in the instrument.
(iv) Mortgage with—The amount secured by the possession of mortgage as set forth in the immovable instrument.
property.
118
(v) Lease in per---- The amount equal to one- petuity of im- sixth of the whole amount or movable pro- value of the rent which perty, would be paid or delivered in respect of the first fifty years of the lease aB set forth in the
instrument.
Pr»visieas 179. On ths introducdon of the duty on applicable transfer of property— on the intro* duction of
transfer duty. (a) section 27 of the Indian Stamp Act,
1 899 (Act H o t 1 899) shall be read as if it specifically required the particulars to be set forth separately in respect of property situated within and without the 4 ci'y ;an d (b) section 64 of the sa'd Act shall be read as it it referred to the Corporation as well as the Govern- ment, v CHAPTER XVII TAX ON PROFESSIONS. TRADES AND CALLINGS LieeMc t« be 130. (1) Every person oho exercises or carries annuall*-1'n l
^c C^X'e
*l
^ er
hy bin" ifor
bv an agent or annua). r e p r e gC n tative, any of the professions, trades or call- ings indicated in the Fourth Schedule, shall annually take out a license before the first day of April in each year or within one month of his taking up the profession, trade or calling, as the case may be, and pay for the same such fee as is mentioned in that behalf in the said schedule: Provided also that the grant of such a license shall not be deemed to affect the liability of the licensee to take out a license under any other section of this Act : Provided also that the Commissioner may— (a) remit or refund any portion of the fee so pay- able in respect of the exerc'se or carrying on of any profession, trade or calling if he is satisfied that the profession, trade or calling has not been exercised or carried on for more than six consecu- tive months ; or (b) exempt a person, who in the opinion of the Commissioner is unable to pay the fee due for a license, from liability to take out such license, or declare that he shall be entitled to take out a license under a lower class than that under which he is chargeable according to the said schedule ; (c) in any other case exempt any person from liability to take out a license or declare that any person shall be entitled to take out a license under a lower efass than before.
1W
(•t) The Qommissioner may at any time grant a license for any previous year for which no licence has been taken out, on payment of the fee which would have been payable therefor in the first instance:
Provided that the production of such a licence shall not afford a valid defence if the licencee is prosecuted for failing to take a licence within the time required by this Act.
r pe w e r o f (3) The Commissioner may, by written notice, S o n mi's- require the owner or occupier of any building or place s i • a • r t» of business to forward to him within seven days a call for list jigt, signed by such owner or occupier of the names » ®f
Pencas. a y p e r s o n s exercising or carrying on any professions, trades or calling therein, and of their respective pro- fessions, trades, and callings.
. (4) The liability of any person to take out a clas/hoVto licence and the class under which he shall be deemed determi- bound to take out a licence, shall be determined in ned. accordance with the rules that may be made in this behalf by th e Corporation.
(5) 1 he Corporation may, by notification in the official gazette, from time to time, increase the rates specified in the Schedule.
CHAPTER XVIII
OCTROI
Octroi on 181. The Corporation after it is established may so°d,Tc»r
n* from any point of time levy on all goods carried by w ^ r o i 'd Railway or road or water or pipe line into the city o'* Crater. of Gauhati from any place outside thereof an octroi as may be determined from time to time by the Corporation with the previous app oval of the State Government.
Recovery of 182. The' Octroi levied under this Act shall Octroi- b c payable on demand and shall be collected by the Commissioner in such manner and through such agency' as may be specified by notification in the official
gaietta.
121
126
Fewer to 183. The Corporation may make rules in «aak« rules. r e |a l ;o n j0 the levy, assessment and collection of octroi under this Act and may by such rule provide for the
following among other matters, namely:—
(a) the examination of goods liable to payment of octroi;
(b) the inspection, weighing or otherwise examin- ing the conveyance or package for the purpose of ascer- taining whether it contains any goods in respect of which octroi is payable ;
(c) the seizure and confiscation of goods liable to octroi in case of refusal to pay such tax ; •< - - 'a
(d) the measures to prevent evasion of octroi j and x (e) any other matter which is to be or may be prescribed for the levy, assessment or collection of octroi.
CHAPTER XIX
Land Revenue, Local Rates, Urban Property Tax, Taxes on Entertainm ent and Betting and
Tax on M otor Vehicles collected w ith in th e lim its o f th e City of G auhati
184. The proceeds of the following taxes col- lected in the City reduced by the cost of collec- tion as determined by the State Government shall be paid to the Corporation for the performance of its ' function under this Act.
State Go- vernment to pay pro- ceed« of Land Reve- n w , Local
ratei, Urban TaxP
Motor WLand
Revenue collected under the Assam Vehicle! Tax,Land and Revenue Regulation, 1886.
Betting tax
collected in (2) Local rates collected under the Assam Local ion 1379.
(3) Property Tax collected under the Assam Urban Immovable Property Tax Act, 1969.
(4) Motor Vehicles tax collected under the Assam Motor Vehicles Taxation Act, 1936,
(5) Entertainment Tax collected under the Assam Amusements and Betting Tax Aet, 1939.
121
CHAPTER XX
Time and manner of payment of taxei-
Presentation
payment and recovery of taxes
185. Save as otherwise provided in this Act any tax levied under this Act shall be pavable on such dates, in such number of instalments and such manner as may be prescribed.
186. (1) When any tax has become due, the Commissioner shall cause to be presented to the person liable for tl e payment thereof, a bill for the amount due ;
Provided that no such bill shall be necessary in the case of —
(a) a tax on vehicles, boats and animals ;
(b) a theatre tax; and
(c) a tax on advertisements.
(2) Every such bill shall specify the particulars of the tax and the period for which the charge is made.
Notice of 187. (1) if the amount of the tax for which
demand and a bill has been presented under section 186 is not
notice ee. p a j^ within fifteen days from the presentation thereof, or if the tax on vehicles, boats and animals or the theatre tax or the tax on advertisements is not paid after it has become due, the Commissioner may
cause to be served upon the person liable for the payment of the same a notice of demand in the
form to be prescribed in th :s behalf.
(2) For every notice of demand which the Commissioner causes to be served on any person d under this section, a fee of such amount not exceeding two rupees as may be determined by bye-laws made in this behalf, st all be payable by the said person and shall be included in the cost of
•», recovery.
188. (1) If the person liable for the payment of
P*nalt
y an
y,ax
does not, within thirty days of the service of
default' of tîe not!ce
demand under section 187 pay the sum
payment of due and if no appeal is preferred against such tax,
tax. he shall be deemed to be in default.
(2) When the person liable for the payment of any tax is deemed to be in default under sub- section (1) such sum not exceeding twenty per cent of the amount of the tax as may be determined by the Commissioner may be recovered from him by way
122
of penalty, in addition to the amount of the tax and the notice fee payable under sub-section (2) of section 187.
(8) The amount due as penalty under sub- section (2) shall be recoverable as an arrear of tax under this Act.
Recovery of J89. (1) I f the person liable for payment o f the tax does not, within thirty days from the service of the notice of demand, pay the amount due, such sum together with all costs and the penalty provided for in section 188 may be recovered under a warrant, issued in the form to be prescribed by distress and sale of the movable property or the attachment and sale of the immovable property, of the defaulter.
(2) Where the property is in the city, the warrant shall b e
addressed to an employee of the Corporation and where the property is outside the city, to the Collector of the district concerned,w
" ° shall proceed to collect it as arrear of LAn
d Revenue:
Provided that the employee to whom the warrant is addressed may endorse such warrant to a subor- dinate employee.
(3) For every warrant issued under this section a fee shall be charged at the rates to be prescribed by the Corporation and the amount of the said fee shall be included in the cost of recovery.
Power to 190. Any employee charged with the break open execution of a warrant of distress issued under door or section 189 may, if authorised by a special order in writing by the Commissioner, between sunrise and sunset break open any outer or inner door or window of a building in order to make the distress with the approval of the Standing Finance Committee—
(a) if he has reasonable ground for believing that such building contains property which is liable to such distress ; and
(b) if after notifying his authority and purpose and inly demanding admittance he cannot otherwise obtain admittance:
Provided that such employee shall not enter or break open the door or window of any apartment appropriated to the use of women until he
123
has given not less than three hours notice of his intcii- tion and has given such women an opportunity jo withdraw.
Warrant of 191. The employee charged with the execution of
distress. a w a rrant of distress issued under section 189 shall if authorised by the warrant, distrain, wherever it may be found, any movable property or attach any immovable property of the person named in the warrant subject to the following condi- tions, namely:—
*
children ;
(a) the following distrained:— property shall not be > (il the necessary wearing apparel and bedding of defaulter, his wife and
(ii) the tools of artisans including equipment of persons engaged in medical profession ;
(iii) books of accounts of commercial houses and law books of persons engaged in legal profession; and
(iv) when the defaulter is an agriculturist, his implements of husbandry, seed, grain and such cattle as may be necessary to enable the defaulter to earn his livelihood;
(b) the property distrained shall be as nearly as possible equal in value to 'he amount recoverable under the warrant, and it any i- property has been distrained which, in the opinion of the Commissioner or the person to whom the warrant was addressed, should not have been so distrained, it shall forth- -j. with be returned to the defaulter ;
(c) the employee shall forthwith make in the presence of two witnesses at least one of whom shall be a ratepayer an inventory of the mova- ble property which he seizes under such warrant, and shall at the same time give a written notice, in the form to be prescrioed in this behalf, to the person in possessors hereof at the time of seizure, that such property will be sold as therein mentioned
124
(d) when the property is immovable:—
(i) the attachment shall be made by an order prohibiting the defaulter from transferring or charging the property in any way, and all persons from taking any benefit from such transfer or charge;
(ii) the order shall be proclaimed at some place on or adjacent to the property by beat of drum or other customary mode, and a copy of the order shall be fixed on a conspicuous part of the Municipal Office, and also when the property is land paying revenue to the Government, in the office of the Collector ; and
(e) any transfer of or charge on the property » attached or any interest therein made without the written permission of the Commissioner shall be void as against all claims of the Corporation enforceable under the attachment.
dhtrafn^in8192. (I) When the property seized is subject
•pscial caiei.to sPe£
dy and natural decay, or when the expense of keeping it in custody together with the amount
to be levied is likely to exceed its value, the Com-
missioner shall at once give notice to the person
in whose possession the property was when distrained
to the effect that it will be sold at once and shall
•ell it accordingly unless the amount specified in the
war i ant be forthwith paid.
(2) Oh the expiry of the time specified in the notice served by the employee executing the war- rant the property distrained or attached, or in the case of immovable property, a sufficient portion thereof, if not sold at once under sub-section (1),
may be sold by public auction under the orders of
the Commissioner, unless the warrant is suspended
by him or the sum due is paid by the defaulter together with all costs incidental to the notice, warrant, distress, attachment or detention of the
property, as the case may be.
(3) Where the sum due together with costs is
paid by the defaulter aforesaid, the attachment, if any, of immovable property shall be deemed to have been removed.
(4) All sales of immovable property under this
•ection shall, so far as may be practicable, be regu- lated in the manner to be prescribed.
125
(5) No Municipal employee shall directly or indirectly purchase any property at any such sale.
(6) The sale proceeds or such part thereof as may be sufficient shall be applied, first, in discharge of any sum due to the Government in respect of such property and secondly, in discharge of the sum due to the Corporation and all such incidental costs as aforesaid. .
(7) The surplus, if any, of such proceeds^ shall be forthwith credited to the Municipal Fund and notice of such credit shall be given at the same time to the person in whose possession the property was at the time of distraint or attachment and if such person shall claim the surplus by written application of the Commissioner within one year from the date of the notice given under the sub-section, the Commissioner shall refund the surplus to him.
(8) Any such surplus not so claimed shall be the
property of the Corporation. Salsoii-iide 193. When a warant of distress has been the city. issued against any person under section 189 and—
(a) if no sufficient movable property belonging to the said person can be found in the city of Gauhati, or
(b) when the said person is the occupier of premises in respect of which property taxes are due, if no sufficient movable property can be found on such premises, The Commissioner may issue a warrant to any Magistrate in Assam outside the city of Gauhati, for the distress and sale of any movable property belonging to the said person within the jurisdiction
of such Magistrate.
s . (2) Any Magistrate to whom a warrant is to issued shall—
(i) endorse the same and cause it to be executed, and
(ii) remit the amount realised under such warrant to the Corporation.
(3) If there has been any sale, the proceeds shall be dealt with as per provisions of 192.
126
Summary 194. (1) If any sum recoverable under the ma" ' beSProv
*s*ons
°f th*8Act is due or is about to taken against become due from any person and if the Gommis- p e rs o n a sioner shall have reason to believe that such person about to is about to leave the city, the Commissioner may leave city. direct t ji e immediate payment by such person of such sum a'nd cause a bill for the same to be presented to him.
(2) It, on presentation of such bill, the said person does not forthwith pay the said sum or does not furnish security to the satisfaction of the Commis- sioner, the amount shall be recoverable by distress and sale of his movable property or by the attach- ment and sale of his immovable property in the manner hereinbefore specified except that it shall not be necessary to serve upon him any notice of demand and the Commissioner's warrant for distress and sale may be issued and executed without any delay.
Power to 195. Instead of proceeding against a defaulter * nstitute suit by distress and sale as hereinbefore pro- *or recovery, v jded, or after a defaulter has been so proceeded against unsuccessfully or with partial success, a n y sum due or the balance of any sum
due, as the case may be, from such defaulter on a c c ount of a tax may be recovered from him by a suit in any court of competent jurisdiction.
196. (1) If the tax on any vehicle or animal is Power of n Q t paid, then instead of proceeding against the vehicle and defaulter by distress and sale of his other movable animals property as hereinbefore provided the Commissioner case of non- may, at any time after the tax has become due, payment of s e jz e and detain the animal or vehicle or both and tax thereon. o w n e r o r other person entitled thereto does not within seven days from the date of such seizure and detention, claim the same and pay the tax due together with the charges incurred in connec- tion with the seizure and custody, the Commissioner may cause the same to be sold by auction and apply the proceeds of the sale or such part thereof as is required in discharge of the sum due and the charges incurred as aforesaid.
(2) The surplus, if any, remaining after the application of the sale proceeds under sub-section (1) shall be disposed of in the manner laid down in sub- sections (6) and (7) of Section 192.
197. (1) f ° r the purposes of recovering the Occupiers amount ol any property taxes from any occupier under may be re* section 154 the Commissioner shall cause to be quired t o s e r v e d o n such occupier a notice requiring him to pay Var^^ds*to the Corporation any rent due or falling due from faction of him in respect of the land or building to the extent property necessary to satisfy the portion of the sum due for » axesj w hich he is liable under the said section.
127
(2) Such notice shall operate aS an attachment of the said rent unless the portion of the sum due shall have been paid and satisfied and the occupier shall be entitled to credit in account with the person to whom such rent is due for any sum paid by him to the Corporation in pursuance of such notice:
Provided that if the person to whom such rent is due is not the person primarily liable for payment of the property tax, he shall be entitled to recover from the person primarily liable for the payment of such tax any amount for which credit is claimed as aforesaid.
(3) If any occupier fails to pay to the Corporation any rent due or falling due which he has been required to pay in pursuance of a notice served upon him as aforesaid, the amount of such rent may be recovered from him by the Corpoiation as an arrear of tax under this Act.
Recovery of 198. (1) In case of non-payment of any toll or tolls and o c tr o ; o n demand the employee empowered to collect the same may seize any article on which octroi is chargeable, or any animals on which the toll is chargeable, or any part of its burden of sufficient value to satisfy the demand.
(2) The Commissioner after the lapse of seven days from the seizure and after the issue of proclama- tion fixing the time and place of sale, may cause any property so seized, or so much as thereof as may be necessary, to be sold by action to satisfy the demand, with the expenses occasioned by the seizure, custody, and sale thereof unless the demand and expenses aye in the meantime p a id ; Provided that by order of the Commissioner, articles of perishable nature which cannot be kept for five days without serious risk of damage may be sold after the lapse of such shorter time as he may, having regard to the nature of the article, think proper. Writing off 199. npbe Commissioner may with the approval abler<taxesr"tl̂e
Standing Finance Committee, write off any sum due on account of any tax or of the costs of recovering any tax if such sum is, in his opinion irrecoverable.
Receipt to 200. For all sums paid on account of any tax 'H psTinentsuntêr
Act a receipt, stating the amount and the
"av n
tax on account of which it has been paid, shall be tendered by the person receiving such payment.
128
REMISSION AND REFUND
Demolition,
etc., of buil- ding.
Remission
or refund of
tax on un-
occupied
immovable
p roperty-
201. If any building is wholly or partly demo- lished or destroyed or otherwise deprived of value, the Commissioner may, on the application in writing of the owner or occupier, remit or refund such portion of any tax assessed, on [the rateable value thereof as he thinks fit.
202. (I) When any land or building or any por- tion of a building treated as a separate property for the purpose of assessment under any provision of this Act has been vacant and unproductive of rent for a period of at least sixty consecutive days, the Commis- sioner shall remit or refund one-half of the property- tax proportionately to the period during which the land or building had been vacant and unproductive of rent. Such a refund shall be granted proportionately for the number of months of vacancy, each complete consecutive period of thirty days being reckoned as one month.
(2) The burden of proving the facts entitling any person to claim relief under this section shall lie upon
him.
(3) For the purposes of this section any building furnished and reserved by its owner for his own occupa- tion whenever required shall be deemed to be occupied whether it is actually occupied by such owner or not.
(4) For the purposes of this section neither the presence of a care-taker nor the mere retention in any otherwise unoccupied dwelling house of the furniture habitually used in it shall constitute occupation of the house, if the house is ordinarily let to tenants and it is
not reserved by the owner for his own occupation.
(5) No such remission or refund shall be granted unless notice in writing of the circumstances under which it is claimed has been given to the Commis- sioner within three months of the beginning of the period for which a refund or remission is claimed.
(6) In no case shall any such remission or refund be permitted unless the total sum demanded by way of all taxes on the property concerned has actually first been paid up to the end of the period for which the concession is claimed.
Power to 203. The Corporation may, at a meeting, reduce reduce or the amount payable on account of any of the taxes remit taxes.m e n t io n e ( j ;n s c c t ;o n 147, o r r e m j t the same on ground of excessive^hardship to the person liable to pay the
same:
129
Provided that such reduction or remission shall not unless renewed by the Corporation at a meeting have effect for more than one financial year,
Appeals
A p p e a l a g a i n s t 204. (1) An appeal against the levy or assess- Assessment, ment of any tax under this Act shall lie at the juris- diction of the Standing Appeal Committee and against the ordei of the "Committee to the Court of the District Judge.
(2) If, before or on the hearing of an appeal under this section by the District Judge any question of law or usage having the force of law or- construc- tion of a document arises, the court of the District Judge on its own motion may, or on the application of any party to the appeal shall draw up a statement of the facts of the case, and the question so arising, and refer the statement with its opinion on the question for the decision of the High Court.
(3) On a reference being made under sub-sections (2), the subsequent proceedings in the case shall be tas nearly as may be, in conformity with the rule relating to references to the High Court contained in Order XLVI of the First Schedule to the Code of Civil Procedure, 1908.
(4) In every appeal, the costs shall be in the discretion of the court.
(5) Costs awarded under this section to the Cor- poration shall be recoverable by the Corporation as an arrear of tax due from the appellant.
(6j If the Corporation fails to pay any costs awarded to an appellant within ten days after the date of the order for payment thereof, the court may order the Commissioner to pay the amount to the appellannt.
130
Condition, of righta to
appeal.
205. No appeal shall be heard or determined, under section 204, unless—
Finality of
appellate
orders
Fewer to ini pact for pur- poses of de- termining rateable va lue.
(a) the appeal is, in the case of a property tax brought within thirty days next after the date of authentication of the assessment list under section 156 (exclusive of the time requisite for obtaining a copy of the relevant entries therein) or, as the case may be, within thirty days of the date on which an amendment is finally made under section 158 and, in the case of any other tax, within thirty days next after the date of the receipt of the notice of assessment or of alteration of assessment * or, if no notice has been given, within thirty days after the date of the presentation of the first bill or, as the case may be, the first notice of demand in respect thereof: «
Provided that an appeal may be admitted after the expiration of the period prescribed therefore by this section if the appellant satisfies the court that he had sufficient cause for not preferring the appeal within that period ; and
(b) the amount, if any, in dispute in the appeal has been deposited by the appellant in the office of the Corporation.
206. The order of the Court confirming, setting aside or modifying an order in respect of any rateable value or assessment or liability to assessment or taxation shall be final;
Provided that it shall be lawful for the
court, upon application or on its own motion, to review any order passed by it in appeal within three * months from the date of the order.
CHAPTER XXI
M iscellan eou s prov isions re la tin g to taxation s
207. (1) The Commissioner, may without giving any previous notice, enter upon and make an inspection of-—
(a) any land or a building for the purpose of determining the rateable, value of such land or building;
(b) any stable, garage, or coach-house or any place wherein he may have reason to believe that'there is any vehicle nr animal liable tp a tax under this Act;
130
Condition, of righta to
appeal.
205. No appeal shall be heard or determined, under section 204, unless—
Finality of
appellate
orders
Fewer to ini pact for pur- poses of de- termining rateable va lue.
(a) the appeal is, in the case of a property tax brought within thirty days next after the date of authentication of the assessment list under section 156 (exclusive of the time requisite for obtaining a copy of the relevant entries therein) or, as the case may be, within thirty days of the date on which an amendment is finally made under section 158 and, in the case of any other tax, within thirty days next after the date of the receipt of the notice of assessment or of alteration of assessment * or, if no notice has been given, within thirty days after the date of the presentation of the first bill or, as the case may be, the first notice of demand in respect thereof: «
Provided that an appeal may be admitted after the expiration of the period prescribed therefore by this section if the appellant satisfies the court that he had sufficient cause for not preferring the appeal within that period ; and
(b) the amount, if any, in dispute in the appeal has been deposited by the appellant in the office of the Corporation.
206. The order of the Court confirming, setting aside or modifying an order in respect of any rateable value or assessment or liability to assessment or taxation shall be final;
Provided that it shall be lawful for the
court, upon application or on its own motion, to review any order passed by it in appeal within three * months from the date of the order.
CHAPTER XXI
M iscellan eou s prov isions re la tin g to taxation s
207. (1) The Commissioner, may without giving any previous notice, enter upon and make an inspection of-—
(a) any land or a building for the purpose of determining the rateable, value of such land or building;
(b) any stable, garage, or coach-house or any place wherein he may have reason to believe that'there is any vehicle nr animal liable tp a tax under this Act;
131
(c) any place or premises which he has reason to believe are being used or are about to be used for any performance or show in respect of which the theatre-tax is payable or would be payable;
(d) any land, building or vehicle in or upon which any advertisement liable to tax under this Act is exhibited or displayed.
(2) The Commissioner may, by written summons, require the attendance before him of any person whom he has reason to believe to be liable to the payment of a tax in respect of a vehicle, boat or animal, or of any agent or employee of any such person and may examine such person as to the number and description of vehicles, boats and animals owned by ©r in the possession or under the control of such person; and every person, agent or employee of such person so summoned shall be bound to attend before the Commissioner and to give information to the best of his knowledge and belief as to the said matter.
Composition. 208. (1) The Commissioner may, with the previous sanction of the Standing Committee, allow any person to compound for any tax.
(2) Every sum. due by reason of the composition of a tax under sub-section (1) shall be recovered as an arrear of tax under this Act.
Obligation to 209. (1) The Commissioner may, by written bilit°Se' ia flot*ce
« call upon any inhabitant of the city to furnish such information as may be necessary for the purpose of ascertaining—
(a) whether such inhabitant is liable to pay any tax imposed by the Corporation under this > Act ;
(b) at what amount he should be assessed ; or
(e) the rateable value of the land or building 4, which he occupies and the name and address of the owner or lessee thereof. (2; I f any person when called upon under sub- section (1) to furnish information neglects to furnish it within the period specified in this behalf by the Commissioner or furnishes information which is not true to the best of his knowledge or belief, he shall be liable in addition to any penalty which may be imposed under this Act, to be assessed at such amount @n account of tax as the Commissioner may deem proper, and the assessment so made shall, sukgect to the provisions of this Act, be final.
132
Deduction 210. (1) In case of a person serving under the taxr<from°a
State Government or Central Government or a local certain authority, the tax which he is liable to pay shall be Government deducted at the source in the manner prescribed, employees
(2) The amount of the tax deducted under sub- section (1) shall be credited to the Municipal fund by the Government or the local authority concerned within fifteen days of such deduction. Power to
examine
article
liable to
octroi.
211. Every person bringing or receiving within the limits of the city any article on which octroi is payable shall, when required by an agent or employee duly authorised by the Com- missioner in this behalf and so fat as may be necessary for ascertaining the amount of tax chargeable:—
(a) permit that agent or employee to inspect, examine, weigh and otherwise to deal with the article, and
(b) communicate of that agent or employee any information and exhibit to him any bill, invoice or documents of like nature which he may possess realting to the article.
Power to 212. (1) If any person, bringing or receiving search where a conveyance or package within the prescribed limits leviable **t
*le on w
^ich octroi is believed to be leviable, refuses, on the demand of an employee authorised by the Commissioner in this behalf to permit him to inspect, weigh or otherwise examine the con- tents of the conveyance or package for the purpose of ascertaining whether it contains any article in respect of which octroi is payable, or refuse to com- municate to him any information and exhibit to him any bill, invoice or document of a like nature which he may possess relating to the article or with the intention of defrauding the Corporation communi- cates any such bill, invoice or document of a like nature which is false, forged, of fraudulent he shall be punishable with fine which may extend to five hundred rupees.
(2) Any such person may demand that the conveyance or package or both, as the case may be, shall be taken without unnecessary delay before the Commissoner or a person appointed by him for this purpose, who shall cause the inspection to be made in his presence:
133
,, Power to fix 213. Any person, who, with the intention to fimits'and defraud the Corporation, causes or abets the introduc- penalty for ff°n
of or himself introduces or attempts to introduce erwion from within the notified octroi boundary any animal or payment of article on which octroi is payable, shall be punishable eetroi. with fine which may extend to twenty times the value of such octroi.
Extension of 214. (11 When the Corporation, with the taxation sanction of the Government, has entered into an. a'greematit. *grccm
ent with a Cantonment Authority or the Board of an area notified under the Assam Municipal Act, 1956 or a Panchayat that the same limits for octroi or tax shall be established for the contracting parties, the Corporation may fix limits by bye-laws so as to include so much of the area controlled by the said contracting parties as it may deem necessary, and shall have the powers of collecting such toll or octroi on animals or articles brought within such limits or such tax, and the provisions of this Act for the assessment and collection of such toll or octroi or tax shall apply in the same way as if the said limits were wholly comprised in the area of the Corporation.
(2) The total of the proceeds of such toll, octroi or tax made in the joint area of the Corporation and Cantonment or Municipality or Notified Area or Panchayat and the cost incurred therefor shall be apportioned between the Municipal Fund and the fund subject to the control of the Cantonment Authority or the Municipal Board or Town Com- mittee or the Panchayat in such proportions as shall have been determined by the agreement. Taxes not 215. (1) No assessment and no charge or invalid for demand of any tax made under this Act shall be called d
*ferM q u c s t i o n o r
* n a n
Y w a
Y affected by reason of —
(a) any clerical or arithmetical mistake arising from any accidental slip or omission—
• (i) in the names, residence, place of business or occupation of any person liable to pay the tax ; or
(ii) in description of any property or thing liable to the tax ; or
(iii) in the amount of assessment of tax ; or
(b) (i) any clerical error ; or
(ii) any defect of form, not being of a substantial nature ;
134
rsv*. Provided that the Commissioner [may, either of his own motion or on the application of any J aggrieved party, correct j any such mistake or error or defect of form as is referred to in sub-section (1).
(2) I f the property taxed or assessed is so described as to be generally known, it shall suffice into the case of any tax on such property or any assessment of value for the purpose of any tax and it shall not be necessary to name the owner or occupier thereof. P«wer of 216. The G rnment may by order exempt ©•vemmeut jn w hole o r jn °a r t from the payment of any levyoTt^xes.suc
^tax an
Y p ePs
° n ° r c
' ass
P ersons or an
Y
' property or deb, ription of property. If at a y me, it appears to the Government on representation made or otherwise that any tax imposed by or under this Act is unfair in its incidence or that the levy thereof or of any part thereof is injurious to the interests of the general public, it may require the Corporation to take within a specified period measures to remove the objection ; and, if within that period the requirement is not complied with to the satisfaction of the Government the Government may by notification suspend the levy of the tax or of such part therof until the objec- tion has been removed or may abolish or reduce the tax.
PART V
*
CHAPTER XXII
PUBLIC HEALTH, SAFETY AND CONVENIENCE
Water Supply, Drainage and Sewage D isposal
Ceaeml 217. For the purpose of providing supply of power for water the Commissioner may, either within or without
•upplying t he c jty—(a) construct and maintain water-works andwater. ^0 a c t s w hich may be necessary or expedient in con- nection with such construction or maintenance ,
(bi purchase or take on lease any water work or
any water or right to store Water or to take or convey
water ; or
(cj enter into any arrangement with any person
for supply of water.
Supply
water.
• f 218. (a) The Commissioner shall supply watei for any purpose on receiving a written application specifying the purpose for which such supply is
required and the quantity likely to be consumed.
135
(b) The suppl}' of water shall be made upon such terms and conditions and for such period, as the Corporation may by bye-laws provide.
*
In conection 219. Where an application under section 218 with has been received, all necessary communication waterworks P'Pes anc
* fittings shall be supplied by the Commis- ' sioner and the work of laying and applying such communication pipes and fittings shall be executed by municipal agency under the Commissioners' orders; but the cost of making any such connection and of all communication-pipes and fittings so supplied and of all works so executed shall be paid by the per son making such application.
Obligation
of owner or
occupier to
give notice
o f waste of
water.
220. Any owner or occupier of any land or build- ing in or on which water is supplied under this Act is misused from negligence or other circumstances under his control in which the pipes, mains or other works are out of repair to such an extent as to cause waste of water shall, if he has knowledge thereof, be bound to give notice of the same to such municipal employee as the Commissioner may appoint in this behalf. Responsibility 221. Neither the owner nor the occupier of any caused^byân<
̂ or
building in which pipes, mains or other works 1 eakage ofare
situated nor the Corporation shall be liable to pay water. compensation to any person for any damage caused by any leakage of water or any failure to keep in repair such pipes, mains or other works, unless the owner or oc- cupier or the Corporation has knowledge thereof and has failed to take reasonably prompt action either to report the same to the Commissioner or to stop the leakage or to execute the required repairs, as the case may be.
Cutting off 222. If any person whose premises are supplied of supply to with water, neglects to pay any sum payable under premises. g e c fio n 218 when due, the Commissioner may cut off the supply of water from the said premises with due notice.
Power of 223. (1) The Commissioner may provide a Commissio- water-meter and attach the same to the service pipe ner to pro- jn premises connected with municipal water works, vide meters.
(2) The expenses of providing and attaching a meter under sub-section (1) shall be paid initially out of the Municipal Fund and shall be reimbursable by the owner of the premises.
Presumption 224. Whenever water is supplied under this as to correct-part through a meter it shall be presumed that the n e *t n ° f
9 u
antity indicated by the meter has been consumed ■w
until the contrary is preyed,
136
Damaging water works, misappro- priating
water and tampering with mete s.
225. No person shall— (al wilfully or negligently damage or cause to be damaged wells, reservoirs, mains, pipes or other appliances for the supply of water under the management or control of the Corporation
(b) draw off, or diveit any water from any m u n i c i p a l well, reservoir, main or pipe or
(cl tamper with any meter.
Misuse of
and leaving
open valves,
and tam-
pering with
valves and
hydrants.
226. No person shall—■ (al open or keep open the valves or any water works used for the supply of water to the public b y any means other than the use of pressure by the hand and
(bi having opened such valve fail to close the same or tamper with any valve or hydrant not intended for the supply of water to the public.
♦
«
Prohibition 227. Except with the permission of the Cor- of erection potation no, person shall
of any buil- (a ) e r e ct any building for any purpose what-ding which ever on any part of the area enclosed by the boundary fence of any lake or reservoir
sources of from which a supply of water is served
water supply. for a municipal water-works • or
(b) remove, alter, injure, damage or in any way interfere with the aforesaid boundary- fence.
Prohibition 228. Fxcept as provided hereinafter, no person of bathing in shall—
or polluting (a ) bathe in or near any water-works belongingw ater>
to the Corporation ; or (bl wash, throw, or cause any animal to enter into the water of such works; or *,
(c) throw any rubbish, dirt, filth or any other thing whatsoever into or upon the water of such works ; or
(di wash or cleanse therein any cloth, wool, , lather or skin of any animal or any clothes or other th ing ; or
(e) cause the water of any sink, drain, stream, engine, boiler, or other filthy water belonging to him or under his control to run or be brought into any such water- works or do any other act whereby the water in such works may be fouled or polluted of its quality altered.
137
of°Corpora- 229. The Corporation shall not be liable to any tion when penalty or damages for cutting off the supply of water supply re- or for not supplying water (save in the case of express duced or not stipulation in an agreement for the supply of water n fo r other than domestic purpose) in the case of any draught, other unavoidable cause or accident, or due to the necessity of relaying or repairing pipes. certain
fines.
Water Sup- 230. (1) The Commissioner shall provide ply to t he gratuitous supply of wholesome water to the public p u b lic . within the city and may for the purpose, erect publie hydrants or other conveniences.
(2) The Commissioner, may, close a public hydrant or other convenience when it is no longer required for the supply of wholesome water to the
public.
Drainage and sewage
Cleansing 231. (1) The Municipal drains sha'l be so con-
drains. structed, maintained and kept as to keep the drains free from public nuisance and shall from time to time be properly flushed, cleaned and emptied.
(2) For the purpose of flushing, cleaning and emptying the said drains, the Commissioner may construct or set up such reservoirs, sluices, engines and other works, as he shall from time to time deem necessary.
Appo i n t- 232. The Commissioner may cause all or any m • H t of of the Municipal drains to empty into any place, places for whether within or without the city, and may dis- emptying of pO se o f the 9 e w a ge at any place whether within or dhposal of without the city, and in any manner which he s«wag«. may deem suitable for such purpose.
Provided th a t:—
(a) the Commissioner shall not cause any Muni- cipal drain to empty into any place into which a Municipal drain has not here-to-before been emp- tied, or disposed of sewage at any place or in any manner at or in which sewage has not heretofore been disposed of, without the sanction of the Corpo- ration ; and
138
(b) no Municipal drain shall be made to empty into any place, and no sewage shall be disposed of at any place or in any manner which the Govern- ment may think fit to disallow.
Provision of 233. The Commissioner may for the purpose dTosal^ofrece
iv
in
S> treating, stroring, disinfecting, distri- sewage. ° buting or otherwise disposing of sewage, construct any work within or without the city or purchase or take on lease any land, building, engine, material or apparatus either within or without the city or enter into any arrangement with any person for any period not exceeding five years for the removal or disposal of sewage within or without the city ; Provided that any such construction or arrange- ment made without the city shall have to be made in consultation with the local authorities.
4
% Alteration and discon- tinuance of drains.
234. The Commissioner may enlarge or alter the course of deepen, arch, over or otherwise improve any Municipal drain and may discontinue, close up or destroy any such drain which has, in his opinion, become useless or unnecessarv or prohibit the use of any such drain either entirely or for the purpose of foul water drainage or for the purpose of surface drainage:
Provided that, if by reason of anything done under this section any person is deprived of the lawful use of any drain, the Commissioner shall as soon as may be, provide for his use some other drain as effectual as the one which has been discontinued, closed up or destroyed or the use of which has been prohibited.
Provision of 235. The Corporation shall provide and trinesCandma
*nta
*n
>n
Pro
Pe
r and convenient places a sufficient urinals. " number of public latrines and urinals and shall cause the same to be kept clean and in proper order. Provision
for drain,
previes, etc.
236. (1) The Commissioner may, by notice, require the owner of any building or land to provide, move or remove any drain, privy, latrine, urinal, obsroption pit, disposal work, cesspool, or other receptacle for filth or refuse or provide any additional drains, privies, latrines, urinals, absorption pits, disposal works, cesspools or other receptacles as aforesaid which should in his opinion be provided for the building or land, in such manner and of such pattern as the Commissioner may direct.
139
(2) The Commissioner may, by notice require any person employing more than twenty workmen or labourers to provide such latrines and urinals as he may think fit and to cause the same to be kept in proper order and to be daily cleaned.
(3) The Commissioner may, by notice, require the owner or the occupier of any building or land to have any privy, latrine or urinal provided for the same shut out by a sufficient roof and wall or fence from the view of persons passing by or dwelling in the neighbourhood or to remove or alter, as the Commissioner may direct, any door or trapdoor or other opening of a privy, latrine or urinal opening on to any street or drain.
s
Repairs and 237. (1) The Commissioner may, by notice, re- closing of quire the owner or occupier of any building or land to drains, repair, alter or put in good order any private drain, * privies, pi ivy, latrine, urinal, absorption pit, disposal work, a nnes, e c. c e sS pOOj belonging thereto, or direct that such private drain shall from such date as may be specified in this behalf, be used offensive matter and sewage
only, and for rain-water and unpolluted sub-soil
water direct the occupier of the premises to make an entirely distinct private drain.
(2) No drain connecting any premises with a muni- cipal drain or other place set apart for the discharge of drainage may be closed, discontinued or destroyed by the Commissioner under sub-section (1), except on condition of his providing another drain equally effec- tual for the drainage of the premises and communi- cating with such Municipal drain or other place afore- said as the Commissioner thinks fit, and the expenses of construction of any drain so provided by the Com- missioner and of any work done under this section shall be paid from the Municipal Fund.
Fewer of 238. The Commissioner may, by notice, require any C»mmission-pe r s o n who may construct any new drain, privy, l i h °latr
'ne
, urinal, absorption pit, disposal work, cesspool etc. or receptacle for filth or refuse without his permission in writing or contrary to his directions or the provisions of this Act, or the rules or bye-laws made thereunder or who may construct, rebuild or open any drain, privy, latrine, urinal, absorption pit, disposal work, cesspool or receptacle for filth or refuse, which the Commissioner has ordered to be demolished or stopped or not to be made, to demolish the drain, privy, latrine, receptacle, or to make such alteration therein
as he may think fit.
140
buildii^over °mmissioner may, by notice, require drains^tc^eran
y person who without his permission in Writing has erected or rebuilt any building over any drain, conduit, water-course, pumping main or water pipe vested in the Corporation, to pull down or otherwise deal with the same as the Commissioner may think fit.
Removal of 240. (1) The Commissioner may, by notice, war*e
'an tC rcc
lu
" c an
yowner or
occupier on whose land any source drain, privy, latrine, urinal, absorption pit, disposal water-supply .work, cesspool or other receptacle for fifth or refuse for the time being exists within a hundred feet of any spring, well, tank, reservoir or other
source from which water is or may be derived for public use, to remove or close the same within one week from the service of such notice:
Provided that such owner or occupier shall be
entitled to reasonable compensation for such removal or closure as maybe assessed by the Commissioner. Discharging 241. No person shall without the permission of sewage. the Commissioner [case or knowingly or negligently allow the contents of any sink, cesspool or any other offensive matter to how, drain or be put upon any street or public place, or into any irrigation channel or any drain not set apart for the purpose.
Making or 242. No person shall without the permission of altering the Commissioner, make or cause to be made or alter ,InN*114*v or cause to be altered, any drain, leading into any ou au on y .^ drains vested in the Corporation. Power to 243. The Commissioner may by notice, require *
require re- the owner or occupier of any land or building to
moval of c ic a nse, repair, cover, fillup or drain off any private
arisTngCfrom well, tank, reservoir, pool, depression or excavation
tanks8
and therein which may appear to the Commissioner to be >
th* like. injurious to health or offensive to the neighbourhood:
Provided that if for the purpose of effecting any drainage under this section it should be necessary to acquire any land not belonging to the same owner or to pay compensation to any person, the Corporation shall provide such land or pay such compensation :
141
Provided further that if the owner or occupier fails to comply with such notice within ten days, the Commissioner may get the work done at the cost of such owner or occupier as the case may be. Any such cost may be recovered as an arrear of tax under this Act.
New build- 244. No person shall erect or re-erect any bail- ing not to be ding, any part of which is within one hundred feet of o u T d lm s a mun
ic
ipa
̂ drain or of some place set apart by the Commissioner for the discharge of drainage or occupy any such building newly erected or re-erected, unless and until—
(a") a drain has been constructed which, in the opinion of the Commissioner, shall be sufficient for the effectual drainage of such building to such municipal drain or place ; and
(b) they have been provided for and set up in such building and in the premises appurte- nant thereto all such appliances and fit- tings as may appear to the Commissioner to be necessary for the purpose of gathering and receiving the drainage from, and conveying the same off the said building and the said premises, and of effectually flushing the drain of the said building and every fixture connected therewith. Power of
owner of
premises to
place pipes
and drains
through
j.
245. (1) If it appears to the Commissioner that only or most convenient means of water supply to, and drainage of, any premises is by placing or carrying any pipe or drain over, under, along or across the immovable property of another person, the Com- land belong-tnissioner may, by an order in writing, authorise the ing to other owner of the premises to place or carry such pipe or persons. drain over, under, along or across such immovable property :
Provided that before making any such order the Commissioner shall give to the owner of the immovable » property a reasonable opportunity of showing cause within such time as may be fixed by bye-laws made in this behalf as to why the order should not be made:
Provided further that the owner of the premises shall not acquire any right other than a right Of User in the property over, under, along or across which
any such pipe or drain is placed or carried.
142
(2) Upon the making of an order under sub- section (1), the owner of the premises may, after giving reasonable notice of his intention so to do, enter upon the immovable property with assistants and workmen at any time between sunrise and sunset for the purpose of placing a pipe or drain over, under, along or across such immovable property or for the purpose of repairing the same.
(3) In placing or carrying a pipe or drain under this section, as little damage as possible shall be done to the immovable property and the owner of the premises shall:—
(a) cause the pipe or drain to be placed or * carried with the least practicable delay ;
(b) fill in, reinstate and make good at his own cost and with the least practicable delay, a, any land opened, broken up or removed for the purpose of placing or carrying such pipe or drain ; and
(c) pay such compensation as may be assessed by the Commissioner, to the owner of the immovable property and to any other person who sustains damage by reason of the placing or carrying of such pipe or drain.
(4) If the owner of the immovable property, over, under, along or across which a pipe or drain
has been placed or carried under this section whilst such immovable property was not built upon, desires to erect any building on such property, the Com- missioner shall, by notice in writing, require the owner of the premises to close, remove or divert the
pipe or drain in such manner as shall be approved by him and to fill in, reinstate and make good the immovable property as if the pipe or drain had not been placed or carried over, under, along or across
the same :
Provided that no such requisition shall be made unless in the opinion of the Commissioner it is necessary i or exepedient for the construction of the proposed building or the safe enjoyment thereof that the pipe or drain should be closed, removed or diverted. Obligation 246. Every owner of a drain connected with a of owner or municipal drain or other place set apart by the joint owner Commissioner for drainage shall be bound to allow all0Wra
'nthe the use of it to other persons, or to admit other persons, uses of it to as joint owners, thereof, on such terms as may be other. prescribed under section 248.
143
How right 247. Any person d e s i r i n g to drain hi* of use of a premises into a municipal drain through a drain of drain may which he is not an owner may make a private arrange- be obtained m e n t w jt fi the owner for permission to use his drain, other ^han" or may apply to the Commissioner for authority to use the owner, such drain,
Commis- 248. (1) Where the Commissioner is of authoris?ay
°P^n
'on
whether on receipt of an application or other- person other wise, that the most convenient means by which the than the owner or occupier of any premises can drain such owner of a pr e m ises is through a drain belonging to some person the tameot11erthan the said owner or occupier, the Commissioner declare him shall, give the owner of the drain a reasonable to be a joint opportunity of stating his objection thereto, and if user there- n o objection is raised or if the objection appears to ° ' him invalid or insufficient, may, by an order in writing authorise the said owner or occupier to use the drain or declare the said user to be a joint owner thereof, on such conditions as may appear to him equitable with regard to the payment of rent or compensation and to connecting the drain of the said premises with the communicating drain and to the responsibili- ties of the parties for maintaining, repairing, flushing and clearing the joint drain.
(2) In respect of the execution of any work under sub-section (1) the person in whose favour the Commissioner's order is made shall be subject to the same restriction and liabilities as are specified in sub- section (4) of section 245
Power to 249. (1) If it appears to the Commissioner drain group that any group or block of premises may be drained of pre-more
economically or advantageously in combination tnirei by than separately, and a municipal drain of sufficient combined size already exists or is about to be constructed within operation. one hundred feet of any part of that group or block of premises, the Commissioner may cause that group or block of premises to be drained by a combined ope- ration.
(2) The expenses incurred in carrying out any work under sub-section (1) in respect of any group or block of premises shall be paid by the owners of such premises in such proportions as the Commissioner may determine and shall be recoverable from them as an arrear of tax under this Act.
(3) Not less than fifteen days before any such work is commenced, the Commissioner shall give to each such o w n er-
fa) a written notice of the nature of the pro- posed work, and
144
(b) an estimate of the expenses to be incurred in respect thereof and of the proportion of such expenses payable by him,
(4) The Commissioner may require the owners
of such group or block of premises to maintain the work executed under this section.
Connecting 250. (1) In the case of premises abutting on a drains to be public street blocking and disconnecting a municipal constructed drain, the Commissioner shall construct such connecting p-ns^of ow-^rains at
the expense of the owner of the said ners of pI c .premises* raises.
(2) The connecting drain mentioned in sub- section (1) shall vest in the Corporation and be maintained and kept repaired by the Commis- sioner as a municipal drain.
(3) The remainder of every drain constructed, erected, set up or continued for the sole use and the benefit of any premises shall—
(a) vest in owner of such premises;
(b) be maintained and kept in repair by the owner or occupier of such premises; and
(c) be from time to time flushed, cleansed and emptied under the order of the Commis- sioner at the cost of the Municipal F uad :
Provided that, where several premises are drained in commsn under the last preceding section, such remainder shall vest in the owners jointly and the cost of maintenance and repair thereof shall be dis- tributed in the same proportions as are fixed by Commissioner under the said section. Commis-0
251. For the purpose of ventilating any drain sioner to affix or cesspool, whether vested in the Corporation or not, shafts for the Commissioner may, in accordance with bye-laws
ventilation of m a c je jn behalf, erect upon any premises or affix
pTMin or cess- o u ts ide of any building or to any tree any such shaft or pipe as may appear to him to be necessary. »
Right of Cor" 252 All drains and fittings thereof constructed poration to o r s 'etup at the cost of the Municipal Fund shall vest
Corporation.
cost of Municipal Fund.
145
Constructioa of place» for public bath- ing, etc. J - SANlTARYgPROVISIONS U-';
R egulation o f Public Bathing, W ashing, etc.
253. (1) The Commissioner may from time to
time—
(a) set apart suitable places for use by the public for bathing, or for washing animals, or for washing ;
(b) specify the times at which and the sex cf persons by whom such places may be used; and
(c) prohibit, by public notice, the use by the public, for any of the said purposes, of any place not so set apart.
(2) The Commissioner may charge such fees as
the Corporation may fix for the use of any such place by any specified class or classes of persons or by the public generally.
*
Prohibition
of pollution
of water by
steeping ani-
mals or other
maltters, etc.
254.
(a) (b) Prohibition of washing of cloth. No person shall— steep in arty tank, reservoir, stream, well or ditch, any animal, vegetable or mineral matter likely to render the water thereof offensive or dangerous to health ; whilst suffering from contagious, infections or dangerous disease, bathe in or near any bathing-platform, lake, tank, reservoir, fountain, cistern, duct, standpipe, stream or well.
(1) The Commissioner may, by public255. notice, prohibit the washing of clothes by washermen in the exercise of their calling, except at such places as he may appoint for this purpose ; and after such prohibition no washerman shall wash clothes a t any place not appointed for this purpose.
(2) The Commissioner shall provide suitable place for the exercise of their calling by washermen and may require the payment of such fees for the use
of any such place as the Corporation may from time to time determine.
G eneral p ro v is io n w ith reference to drainage
w a te r supp ly an d w a te r and o th e r m ains
256. If any offence relating to water supply is, Joint andseveral lia- - - . - - ' t bility of committed under this Act on any premises connected owners and w jth the municipal water-works, the owner, the occupiers p e r s o n primarily liable for the payment of the water ,°rr eiationtax
>an
dthe
occupiers of the said premises shall be to water jointly and severally liable for such offence. supply.
146
L ca]'1te p r a c
- i ' 257. (1) In carrying out the duties imposed on sance to'b'etîe
Corporation by clauses (1) and (3) of section 7 or caused. exercising the powers conferred upon it by sections 231, 232, 233, 238, 251, 269 and 270 the Corporation shall not cause any nuisance which in the circum- stances of the case can reasonably be avoided.
(2) The Commissioner shall make reasonable compensation to any person who has sustained damage occasioned by the carrying out of any such operations:
Provided that no compensation shall be claimed or paid for inconvenience unavoidably caused. Power of 258. Subject to the provisions of any law for the carrying t jm e being force the Commissioner may carry any dratasP
etc.S'ca
ble, wire, pipe, drain or channel of any kind re- quired for the establishment or maintenance of any system of drainage, water supply or lighting through, across, under or over any street or any place laid out as or intended for a street, and also after giving reasonable notice in writing to the owner or occupier, through, across, under, over or along side any land or building whatsoever within or without the city, and may place and maintain in any immovable property in the city or outside the city any posts, poles, standards, brackets or other contrivances for supporting cables, wires, pipes, channels and lights and may do all acts necessary or expedient for repairing or maintaining any such cable, wire, pipe, drain, channel, post, pole, standard, bracket or other similar contrivance in an effective state for the purpose for which it is intended to be used or for removing the same.
Provision as 259. In the event of any cable, wire, pipe, s
w i r
o Sr' drain or channel being laid or carried above the surface drains laid of any land or through, over or up the side of any buil- * o r carried ding, such cable, wire, pipe, drain, sewer or channel, above sur- g s t ]l e c a s e be, shall be so laid or carried as to f a c e
i c <5° f
interfere as little as possible with the rights of theg r0 im
' owner or occupier to the due enjoyment of such land j or building and reasonable compensation shall be paid in respect of any substantial interference with any such right to such enjoyment.
Previous no-
tice to be
given.
260. Except in cases to which sections 270 and 271 relate the Commissioner shall cause not less than fourteen days notice in writing to be given to the owner or occupier before commencing operations under section 258.
147
5»nnection 261. No person shall, without the permission with the of the Commissioner at any time, make or cause to be main not to made, any connection or communication with any withouttheca
^ e
»wire
> pipe, ferrule, drain or channel constructed permissionor
maintained by or vested in the Corporation, for of Commis- any purpose whatsoever. sioner.
262. The ferrules, communication-pipes, connec- tions, meters, stand-pipes and all fittings thereon or or service
Communi-
C connectk>n d
connected therewith, leading from mains etc., to be cables, wires, pipes, drains or channels into any such executed sub- house or within the limits of any such land shall in J t i o n ^ S T d "
c a s e s
' o t
'' i e r
than cases which the Government may to the satfe- general or special order exempt from the opera- faction of ft011°f this section, be executed to the satisfaction Commis- of the Commissioner.
sioner.
263. (1) The Commissioner may, by notice re- Tro ughs qm re
the owner of any building or land in any street to and pipes for Put
up and keep in good condition proper rainwater, troughs and pipes for receiving and carrying water and sullage from the land or building and for dischar ging the same so as not to inconvenience persons passing along the street.
(2) For the purpose of efficiently draining any building or land the Commissioner may by notice in writing—
(a) require any courtyard, alley or passage bet- ween two or more buildings to be paved by the owner or part owner of such buil- dings with such materials and in such manner as may be approved by the Com- missioner ; and
(b) require such paving to be kept in proper repair.
water works person appointed by the■ behalf. The Commissioner appointed by Government
Power of 264. Any municipal sewage or drainage scheme acess to or any municipal water-works may be inspected by a Government in this
or any such person
may at all reasonable
times—
(a) enter upon and pass through any land whether within or without the city, adjacent to or in the vicinity of such drainage or sewage scheme or such water- works in whomsoever such land may vest; and
(b) after giving not less than four days written notice to the occupiers, cause to be convey- ed into and through any such land all necessary men, materials, tools and im - plements.
148
Compenia- tion f o r damage.
265. If in the exercise of any of the powers conferred by section 251 or 257, any damage is caused which in the circumstances could reasonably have been avoided, the Corporation shall pay compensation for the damage caused as may be assessed by the Com- missioner.
Work to be 266. (1) No person other than a licensed don* by plumber shall execute any work pertaining to water lumber, supply, drainage and sewerage disposal as described in this part and no person shall permit any such work to be executed except by a licensed plumber s Provided that if, in the opinion of the Commis- sioner the work is of a trivial nature, he may grant < permission in writing for the execution of such work by a person other than a licensed plumber.
(2) Every person who employs a licensed » plumber to execute any work shall, when so requir- ed, furnish to the Commissioner the name of such plumber.
(3) When any work is executed except in accordance with the provisions of sub-section (1), such work shall be liable to be dismantled at the discre- tion of the Commissioner without prejudice to the right of the Corporation to prosecute under this Act the person at whose instance such work has been executed.
(4) The Corporation may make bye-laws for the guidance of licensed plumbers and a copy of all such bye-laws shall be attached to every license granted to a plumber by the Corporation.
(5) The Standing Committee may, from time to time, fix the charges to be paid to licensed plumbers for any work done by them under or for any of the purposes of this part.
(6) No licensed plumber shall, for any work referred to in sub-section (5), demand or receive more than the charges fixed therefor under that sub- section.
Ceatrol by 267. In dealing with municipal drainage, * tb
* G
° T sewage, and water-works schemes, the Commissioner Standing shall follow the general principles laid down by the Committee. Corporation, with the approval of the Government, for any scheme of sewage or drainage or waterworks and may refer to the Corporation any question connected with the carrying out of such a scheme in which the intention of the Corporation does not appear to have been clearly expressed, or in which the provisions of the scheme appear to him to require modification by the Corporation :
149
Provided that any question involving the expendi- ture of a sum exceeding one lakh of rupees shall be referred to the Corporation for orders. C ontrol by 268. No drainage or sewage or waterworks Government scheme involving an expenditure of a sum. of twenty lakhs of rupees or more shall be sanctioned by the Corporation without the previous approval of the Government.
Conservancy
Deposit of
269. (1) The Commissioner shall provide or appoint rubbish, in proper and convenient situations, public receptacles, r m atters ' depots and places for the temporary deposit or sewage and final disposal of rubbish, offensive matters, sewage carcasses. and the carcasses of dead animals accumulating in the city.
(2) All things deposited in receptacles, depots or places provided or appointed under this section shall bo the property of the Corporation.
Collection 27O. The Commissioner may give public and removal n 0 (-ic e that die collection and the removal of sewage, o sewage, offensive matter and rubbish from the iands and buil- dings in any portion of the city will be undertaken by municipal agency, and he shall then forthwith take measures for the due collection and removal of such matter from any lands and buildings situated in the said portion of the city.
Collection 271- (1) The Commissioner may, by public notice and tempo- direct that all rubbish and offensive matter d
^"accum ulating in any premises, in any street or quarter rubbish and °f the city specified in the notice, shall be collected offensive by the occupier of such premises and deposited in a m atter by box, basket or other receptacle, of a kind prescribed # occupiers of c o r po r a tiOn, to be provided by such occupierpremises. kept the e n t r a r i c e to, or where open space is available, within the premises.
*• (2) The Commissioner may cause public dustbins
or other convenient receptacles to be provided at
suitable intervals and in proper and convenient situa-
tions in streets or quarters in respect of which no
notice issued under sub-section (1) is for the time
being in force, and may, by public notice,, direct
that all rubbish and offensive matter accumulating in
any premises, the entrance to which is situated
within fifty yards of any such receptacle, shall be
collected by the occupier of such premises and
deposited in such receptacle.
150
(3) The Commissioner, may, by public notice direct that all rubbish and offensive matter accu- mulating in any premises in any street or quarter in respect of which no notice issued under sub- section (1) or sub-section (2) is for the time being in force, shall be collected by the occupier of such premises and deposited in lump in the street on which such premises abut or in some portion oi such premises.
(4) In any notice issued under any of the foregoing sub-sections the Commissioner shall fix the hours within which rubbish and offensive matter shall be deposited under this section.
(5) The Commissioner may, by public notice, direct that sweepers privately employed for removal of sewage, rubbish or offensive matter shall remove the same in proper receptacles of a type to be approved by him in such manner as not to cause any unnecessary nuisance to passers-by in the street.
Prohibition of accumula- tions of offen- sive matter.
272. No person—•
(a) shall throw or place any rubbish, offensive matter or sewage on any street or in any place not provided or appointed for the purposes under the provisions of this Act; and
(b) who is the owner or occupier of any land or building shall allow any sewage or offensive matter to flow, soak or be thrown therefrom or keep or suffer to be kept therein or thereupon anything so as to be a nuisance to any person or negligently suffer any receptacle or place for the deposit of offensive matter or rubbish, on his premises to be in such a state as to be offensive or injurious to health.
Regulation of Factories and Trades factory, etc., 273. (1) No person shall, without the previous
established permission in writing of the Commissioner, establish
without per- in any premises or materially alter, enlarge or extend
mission of any factory, workshop or trade premises in which
the Gommis- j(- ;s intended to employ steam, electricity, water or noner. other mechanical power.
151
(2) The Commissioner may refuse to give such permission if he is of the opinion that the establish- ment, alteration, enlargement or extension of such factory, workshop or trade premises, in the proposed position would be objectionable by reason of the density of the population of the neighbourhood thereof, or would be a nuisance to the inhabitants of the neighbourhood.
(3) The Commissioner may, if he is of opinion that the existence of such factory, workshop or trade premises in any place is objection- able by reason of the density of the population of the neighbourhoodj thereof, or is a nuisance to the inhabitants of the neighbourhood, direct that the factory, workshop or trade premises be shifted to any other place suitable for the purpose :
Provided that the cost of such shifting shall be borne by the Corporation.
guktTon of' 274. (1) Whenever it appears to ■ the Com- factories, missioner that any factory, workshop or work place etc. or a building or place in which steam, water or other mechanical power is employed, is not kept in a clean state or is not ventilated in such a manner as to render harmless as far as practicable, any gas, vapour, soot or other impurity generated in the course of the work carried on therein as to be dangerous or injurious to the health of the person employed or that any machinery therein is so fixed or so insecurely fenced as to be dangerous to life or limb, the Commissioner may by written notice require the owner thereof to take such order there- with as he shall think fit.
(2) Nothing in this section shall be deemed to affect any provision of the Indian Boilers Act, 1923, and nothing in this section regulating the fixing or fencing of any machinery shall apply to any factory subject to the provisions of the Indian Factories Act,
1948.
Regulation 275. Except in accordance with the provisions of rous a"ndth
'"s Act
>no
Person
shall — offensive trades. (a ) s to r e o r keep in any premises any articles which are prescribed as dangerous or
offensive, or as being, or likely to be a nuisance to the public, or dangerous
to life, health or property ; or
152
(b) store or keep in any premises the hide or any part of the carcass of any animal afflicted at the time of its death with infectious or contagious disease ; or
(c) carry on or allow to be carried on in any premises any trade, manufacturing industry or operation which is prescribed as dangerous to life, health or property or is likely to create nuisance, either from its nature or by reason of the manner in which or the conditions under which the same may be carried o n ; Provided that nothing in this section shall affect the provisions of the Indian Explosives Act, 1884 or Indian Petroleum Act, 1934.
Premises not 276. (1) No person shall use or permit to be used to be used any premises for any of the following purposes for certain without or otherwise than in conformity with the wUhcut' terms of a licence granted by the Commissioner in licence. this behalf, namely:—
(a) carrying on within the city the trade or operation of a farrier/furrier ;
(b) keeping in or upon any premises, for any purpose whatever any prescribed articles in excess of the quantity which the Cor- poration may by bye-law prescribe as the maximum quantity of such article which may at any one time be kept in or upon the same premises without a licence ; fc) keeping in or upon any premises- except for domestic use any prescribed articles ;
(d) keeping horses, cattle or other four-footed animals for sale or hire or for sale of the produce thereof, or for any purpose for which any charge or remuneration is made or received ;
(e) carrying on any of the prescribed trades or operations connected therewith, or . any trade or operation which in the opinion of the Commissioner is dangerous to life, health or property, or is likely to create a nuisance either from its nature or by reasons of the manner in which, or the conditions under which the same may
be carried on.
153
Explanation I:—A person shall be deemed to have
known that a trade or operation is dangerous or
likely to create a nuisance within the meaning of
this section after written notice to that effect
signed by the Commissioner has been served on
such person or affixed to the premises to which it relates.
F
Explanation II:—A person shall be deemed to
carry on a trade or operation or to allow it to be
carried on within the meaning of this section if he does any act in furtherance of such trade or is in any way engaged or concerned therein as principal, agent, employer or employee or in any other similar capacity.
(2) It shall be in the discretion of the Com- missioner to grant a licence for any of the purposes referred to in sub-section (i) subject to such restric- tions or conditions as he may think fit to prescribe or to refuse to grant such licence.
(3) Every person to whom a licence is granted by the Commissioner under sub-section ^2) shall keep
such licence in or upon the premises, if any to
which it relates. Prohibition 277. (1) No person engagedrin any prescribed of pollution trade or manufacture shall — of ws er by
chemicals
ctc<
(a) wilfully cause or suffer to be brought to
or flow into any lake, river or stream, tank, reservoir, cistern, well, duct or other
places within the city or into any drain or
pipe communicating therewith, any wash-
ing or other substance produced in the
course of such trade or manufacture as
aforesaid ; or
(b) wilfully do any act connected with any
such trade or manufacture whereby the
water in any such lake, tank, reservoir, cistern, well, duct or other place for
storing water is fouled or polluted.
154
(2) After giving not less than twenty-four hours previous notice in writing to the owner or to the person who has the management or control of any works, pipes or conduits connected with any such manufacture or trade as is referred to in sub- section (1) the Commissioner may let open md examine the said works, pipes or conduits, and if upon such examination, it shall appear that the provisions of sub-section (1) have been contravened by reason of anything contained in or proceeding from the said works, pipes or conduits, the expenses incur- red in laying open and examining them and in adopt- ing any other measure which the Commissioner considers necessary for removing the cause of such contravention shall be paid by the owner of the said works, pipes, or conduits, or by the person who has the management or control thereof or through whose neglect or fault the contravention has occurred. If it appears that there has been no such contra- vention, the said expenses and also compensation for any damage occasioned by such laying open and examination shall be paid by the Commissioner. of "premises 278. (1) Subject to the bye-laws made by the used for Ma- Corporation in this behalf, the Commissioner at any nufactu res, time, by day or by night and without notice, enter e tc
' into or open any premises used for any of the pur- poses mentioned in section 276 or upon any premi- ses in which a furnace is employed for the purpose of any trade or manufature, or into any bakery, in order to satisfy himself that there is no contravention of any provision of this Act or any rule or bye-law made thereunder or any condition of any licence granted under this Act, or that no nuisance is being created upon such premises.
(2) No claim for compensation shall lie against any person for any damage which may unavoidably be caused by any such entry or by the Use of any force necessary for effecting such entry:
Provided that
effecting an entry, unless there is reason that an offence is
provisions of
thereunder.
P reven tion o f D angerous D iseases force shall not be used for
to
being committed against
this Act or some rules
believe
some
made
'Any
P"rson bein
?in ch
arge of, or in tion of dan-att
endence, whether as a medical practitioner or other- gerous di. wise, upon, any person whom he knows or has reason casess. co believe to be suffering from a dangerous disease, or being the owner, lessee, or occupier of any building in which he knows that any such person is so suffering shall forthwith give information suspecting thesexistence of such disease to the Medical Officer of Health.
155
estic purpo- se of water likely to cause dan- « g e r o u i disease.
Po wer of Medical
Officer of Health to ^ P o w e r of 280. The Medical Officer of Health, or any Officer31ofot
^ er
municipal employee authorised by him in this Health to behalf, may at any time by day or by night, without inspect places notice, or after giving such notice of his intention and take me- a s m ay, in the circumstances appear to him ventVpread"to
reasonable, inspect any place in which any of dangerous dangerous diseaseis reported or suspected to exist, disease. and take such measure as he may think fit to pre- vent the spread of the said disease beyond such place.
Prohibition of 281. (1) If it appears to the Medical Officer use for drink- o f Health that the water in any well, tank or other other "do n* P̂ ace
'8likely, if used for the purpose of drinking or for any ether domestic purpose, to endanger or cause the spread of any dangerous disease, he may by public notice, prohibit the removal or use of the said water for such purpose.
(2) No person shall remove or use for such pur- pose any water in respect of which any such public notice has been issued.
282. (1) When, in the opinion of the Medi- cal Officer of Health, any person is suffering from a dangerous disease and is also without proper lodging e t , or accommodation, or is lodged in such a manner ient tohospi- that he cannot be effectually isolated so as to prevent tai in cer- the spread of infection, and the said officer considers tain cases, that such person should be removed to a hospital or place at which patients suffering from such disease are received for medical treatment, he may with the
approval of the Commissioner direct or cause the removal of such person to such hospital or place :
Provided that all costs incurred for the removal and the treatment of any such patient shall be berne by the Corporation:
Provided also that, if any such person is a
woman, she shall not be removed to any such
hospital or place unless the same has accommodation for women, of a suitable kind, and set apart from the portion assigned to males.
(2) The person, if any, who nas charge of a person in respect of whom an order is made under sub-section (1) shall obey such order.
(3) The Corporation shall, if required by the Government erect an infectious diseases hospital of such type and dimension as the Government may direct.
156
#ower *f Medical Officer of Health ta diiiafect building, I ank, pool or well.
283. (1) I f the Medical Officer of Health or any municipal employee authorised by him in this be- half, is of opinion that the cleansing or disinfecting of any building or any part of a building, or any article therein which is likely to retain infection, or of any tank, pool or well adjacent to a building, should tend to prevent or check the spread of any dangerous disease, he may cause to be cleaned or disinfected such building or part thereof, article, tank, pool or well and may by written notice, require the occupier of such building or any part thereof to vacate the same for such time as m aybe specified in such notice.
(2) The cost of cleansing or disinfecting any building or part thereof or any article therein under sub-section (1) shall be paid by the occupier of such building and the cost of cleansing or disinfecting any tank, pool or well, under the said sub-section, shall be paid by the person in actual possession of such tank, pool or well or if there be no such person by the owner, thereof:
Provided that if, in the opinion of the Com- missioner, the owner or occupier is due to poverty unable to pay the said cost, the Commis- sioner may direct payment thereof to be made from the Municipal Fund.
284. (1) If the Medical Officer of Health is of ' opinion that the destruction of any hut or shed is
Officer of necessary to prevent the spread of any dangerous
Health to disease, he may after giving to the owner or occupier
destroy huts of such hut or shed such previous notice of his i nd ihede. intention as may in the circumstances of the case appear to him reasonable, take measures for having such hut or shed and all the materials thereof destroyed.
(2) Compensation not exceeding the value of the hut as may be assessed by the Commissioner, shall be paid by the Corporation to any person who sustains loss by the destruction of any such hut or shed, but, except as so allowed by the Commissioner, no claim or compensation shall lie for any loss or damage caused by any exercise of the powers confer-
•red by sub-section (1). infected bull- , ,, , . . . .
ding not. to 285. No person shall let a building or any part
be let with thereof in which he knows or has reason to ta t '̂dis- know that a person has been suffering from a dangerous
infect erf, disease,
(a) unless the Medical Officer of Health has disinfected the same and has granted a certificate to that effect ; and
(b) until a date is specified in such certificate on which the building or part may
be occupied without causing risk or infection.
Explanation :— For the purpose of this section the keeper of a hotel or an inn shall be deemed to have let part of his building to any person accommo- dated therein.
Provision of 286. (1) The Corporation may provide a place pl-cc for o r p]a c es with all necessary apparatus and establish- washinp'011'raent ôr tl̂e
disinfection of conveyances, clothings, destruction beddings or other articles which have become o f infected infected or suspected to have become infected and articles and w ]i e n a n y article have been brought to any such
P
C
ê r n ,is_ place for disinfection, shall cause them to be son r to disinfected either,—
dissmfect or free o f charge ; or
sucharti- O') *n
*ts
discretion, on payment of such fees
cies. as it may from time to time fix in this behalf.
(2) The Corporation may from time to time, by public notice appoint a place or places at which conveyances, clothings, beddings or other articles which have been exposed to infection from any dangerous disease may be washed ; and no person shall wash any such article at any place not so appointed.
(3) The Medical Officer of Health or any person authorised by him in this behalf, may disinfect or destroy, or by written notice direct the disinfection
or destruction of any clothings, beddings or other
articles likely to retain infection. Ki
(4) The Commissioner shall pay such com- pensation as may appear to him reasonable for any article destroyed under sub-section (3) and his decision shall be final.
a r t j. 287. (1) No person shall, without previous disinfec- to tion of the same, give, lend, sell, transmit or be transmit- otherwise dispose of any article which he knows or ted, etc. ha s r c a s o n t 0 kn o w has been exposed to infection from any dangerous disease.
Infected
cles not
1
ted, ' without previous djiinfection.
160
158
(2) Nothing in sub-section (1) shall apply to a person who transmits, with proper precautions, any such article for the purpose of having the same disinfected.
Restricticn 288. (1) No person who is suffering from a on carriage dangerous disease shall enter or cause or permit
•f patients himself to be carried in, a public conveyance, nor body in shallan
Yother
person knowingly cause or permit public con- a person in his charge and suffering from a dange- veyance. rous disease or the dead body of any person who has died from such disease to be carried in a public conveyance without—
(a) previously notifying to the owner, driver or person in-charge of such conveyance that he is so suffering, and
(b) taking proper precautions against spread- ing of such disease.
(2) Notwithstanding anything ■ contained in any enactment relating to public conveyances for the time being in force, no owner or driver or person in-charge of a public conveyance shall be bound to carry any person suffering as aforesaid or any such dead body in such conveyance unless payment or tender of sufficient compensation for the loss and expenses he must incur in disinfecting such convey-
ance is first of all made to him.
(3) No owner, driver or person in-charge of a public conveyance shall knowingly carry or permit to be carried in such conveyance any person suffer- ing as aforesaid or any such dead body in contraven- tion of sub-section (1).
Disinfection 289. (1) The owner, driver or person incharge of public o j- a n y public conveyance in which any person after'VarH- suffering from a dangerous disease or the dead body age of pa- of any person who has died from such disease has tient or dead bc e n carried, shall immediately take the conveyance body. for disinfection to a place appointed under sub-section
(1) o f Section 286.
159
(2) The person in-charge of such place shall forth- with intimate to the Medical Officer of Health the number of the conveyance and proceed to disinfect the conveyance.
(3) No such conveyance shall be used until the Medical Officer of Health has granted a certificate stating that it may be used without causing risk of infection.
of 290. (1) The Corporation may provide andPower Corporation rQ a |n t a | n s u i â ble conveyances for the free carriage of special con- persons suffering from any dangerous disease or of the veyance for dead bodies of persons who have died from any such
(2) When such conveyances have been provided it shall not be lawful without the sanction of the Medical Officer of Health, to carry any such person or dead body in, or for any such person to cause himself to be carried in, any other public conveyance. Prohibition
of making or 291. No person while suffering from, or in selling oi c ir c u nis tances in which he i3 likely to spread, anv washing of dangerous disease, shall—
clothes by
infected per-
sons.
(a) make, carry or offer for sale or take any part in the business of making, carrying or offering for sale, any article of food or drink or any medicine or drug for human consumption, or any article, clothing or bedding for personal use or wear, or
(b) take any part in the business of the wash- ing or carrying of cloths.
Power to res- . .
trict or pro- 292. When the city or any part thereof is visited food1or drinkor
threatened by an outbreak of any dangerous 'disease, the Commissioner, may by public notice, restrict in such manner or prohibit for such period as may be specified in the notice, the sale or preparation of any article of food or drink for human consumption specified in the notice or the sale of any fish or flesh of any animals or birds so specified.
160
sure'in™63* 293. (1) Tn the event of the city or any part r outbreak thereof being visited or threatened by an outbreak of of dangerous any dangerous disease among the inhabitants thereof or epidemic or of any epidemic disease among any animals therein, diseases. the Commissioner if he thinks that the other provisions of this Act and the provisions of any other law for the time being in force are in sufficient for the purpose, may, with the previous sanction of the Corporation—
(a) take such special measures ; and
(b) by public notice, give such directions to be observed by the public or by any class or section of the public, as he thinks necessary to prevent the outbreak or spread of the di sease:
Provided that where in the opinion of the Com- missioner immediate measures are necessary, he may take action without such sa nction as aforesaid and if he does so, shall forthwith report such action to the Corporation.
(2) No person shall commit a breach of any direction given under sub-section (1) and if he does so he shall be deemed to have committed an offence under Section 188 of the Indian Penal Code (45 of 1860).
Burning or Burial grounds
Power to call 294. The Commissioner, may, by notice in for informa- writing require the owner or person in-charge of any tion regard. bu r n ing or burial ground to supply such information and b
burial a s m a
Y be specified in the notice concerning the l i t und. condition, management, or position of such ground. Permission 295. (1) No place which has not been used for use of as a burning or burial ground before the commence- new burning m e n t o f this Act shall be so used without the permis- groundUnf*s*on
in
writing of the Commissioner. S '
(2) Such permission may be granted subject to any conditions which the Commissioner may think fit to impose for the purpose of preventing any annoy- ance to, or danger to the health of, any person resid. ing in the neighbourhood.
161
Power to require clo- sing of any burning or b u r i a l ground.
296. (1) Where the Commissioner, after making or causing to be made local enquiry is of opinion that any burning or burial ground has' become offensive to, or dangerous, to the health of person residing in the neighbourhood, he may, with the previous sanction of the Standing Committee, by notice in writing, require the owner, or person in charge of such ground to close the same from such date as may be specified in the notice.
(2) No corpses shall be burnt or buried at the burning or burial ground in respect of which a notice has been issued under this section.
Provision 297. If the existing places of the disposal of °[acesDfor dea
d appear to the Corporation at any time to be in- disposal of sufficient it shall provide other fit and convenient dead. places for the disposal of the dead either within or without city :
Provided that all such places shall be managed or approved by the Corporation.
Disposal of
dead ani-
mals.
D isp osal o f Dead A nim als
298. (1) Whenever any animal under charge of any person dies, the person in charge thereof shall within twenty-four hours either—
(a) convey the carcass to a place provided or appointed for the final disposal of the carcasses of death animals ; or
(b) give notice of the death to the Commis- sioner or any other officer appointed for the purpose, whereupon he shall cause the carcass to be disposed of.
(2) In respect of the disposal of the carcass of < dead animal under clause (b) of sub-scction
(1) the Commissioner may charge such fee as he may by public notice specify-
CHAPTER XX II
PUBLIC SAFETY AND SUPPRESSION OF
NUISANCES
, N uisance
. . . 299. (1) No person shall—■Prohibition ' ' nuisance.
„ (a) in any public street or public place—
(i) ease himself ; or
(ii) loiter, or beg importunately, for alms ; or
161
Power to require clo- sing of any burning or b u r i a l ground.
296. (1) Where the Commissioner, after making or causing to be made local enquiry is of opinion that any burning or burial ground has' become offensive to, or dangerous, to the health of person residing in the neighbourhood, he may, with the previous sanction of the Standing Committee, by notice in writing, require the owner, or person in charge of such ground to close the same from such date as may be specified in the notice.
(2) No corpses shall be burnt or buried at the burning or burial ground in respect of which a notice has been issued under this section.
Provision 297. If the existing places of the disposal of °[acesDfor dea
d appear to the Corporation at any time to be in- disposal of sufficient it shall provide other fit and convenient dead. places for the disposal of the dead either within or without city :
Provided that all such places shall be managed or approved by the Corporation.
Disposal of
dead ani-
mals.
D isp osal o f Dead A nim als
298. (1) Whenever any animal under charge of any person dies, the person in charge thereof shall within twenty-four hours either—
(a) convey the carcass to a place provided or appointed for the final disposal of the carcasses of death animals ; or
(b) give notice of the death to the Commis- sioner or any other officer appointed for the purpose, whereupon he shall cause the carcass to be disposed of.
(2) In respect of the disposal of the carcass of < dead animal under clause (b) of sub-scction
(1) the Commissioner may charge such fee as he may by public notice specify-
CHAPTER XX II
PUBLIC SAFETY AND SUPPRESSION OF
NUISANCES
, N uisance
. . . 299. (1) No person shall—■Prohibition ' ' nuisance.
„ (a) in any public street or public place—
(i) ease himself ; or
(ii) loiter, or beg importunately, for alms ; or
162
(iii) (iv) with the object of any deformity or offensive sore or to public v iew ; expose or exhibit, exciting charity, disease or any wound; or
carry meat exposed or
(v) picket animals, or collect carts ; or
(vi) being engaged in the removal of rubbish, filth or other polluted and obnoxious matter wilfully or negligently permit any portion thereof to spill or fall, or neglect to sweep away or otherwise effec- tually to remove any portion thereof which may spill or fall in such street or place ; or
(vii) without proper authority affix upon any building, monument, post, wall, fence, tree or other thing, any bill, notice or other document; or
(viii) without proper authority deface or write upon or otherwise mark any building, monument, post, wall, fence, tree or other thing ; or
(ix) without proper authority remove, destroy deface or otherwise obli- terate any notice or other docu- ment put up or exhibited under this Act or the rules or bye-laws made thereunder; or
(x) without proper authority displace, damage, make any alteration in, or otherwise interfere with the pavement, gutter, storm water-drain, flags or other materials of any such street, or any lamp bracket, direction, post, hydrant or water- pipe maintained by the Corporation in any such street or place or extinguish a public light ; or
(xi) carry rubbish, filth or other polluted and obnoxious matter at any hour prohibited by the Commissioner by public notice, or in any pattern of cart or receptable, which has not been approved for the purpose by the Com- missioner or fail to close such cart or receptable when in use ; or
163
(b) carry rubbish, filth or other polluted and obnoxious matter along any route in con- travention of any prohibition made in this behalf by the Commissioner by public notice ; or
(c) deposit, or cause or permit to be deposited earth or materials of any description or any rubbish or polluted and obnoxious matter in any place not intended for the purpose in any public street or public place or waste or unoccupied land under the management of the Corporation ; or
(d) make any grave or burn or bury any corpse at any place not set apart for such purpose ; or
(e) at any time or place at which the same has been prohibited by the Commissioner by public or special notice, beat a drum or tom-tom, or blow a horn or trumpet, or beat any utensil, or sound any brass or other instrument, or play any music ; or ( f ) disturb, the public peace or others by sin- ging, screaming or shouting, or by using any apparatus for amplifying or reproducing the human voice, such as a magaphone or a loudspeaker ; or
(g) let lose any animal so as to cause, or negli- gently allow any animal to cause injury, danger, alarm or annoyance to any person ; or
(h) save with the written permission of the Commissioner or the Medical Officer of Health as the case may be and in such manner as he may authorise, store or use night-soil, cow-dung, manure, rubbish or any other substance emiting an offensive smell; or
(i) use or permit to be used as a latrine any place not intended for that purpose.
(2) Every person shall take all reasonable means to prevent every child under the age of twelve years being in his charge from easing himself in any public street or public place.
(3) The owner or keeper of any animal shall not allow it straying in a public street or public place without a keeper.
(4) Any animal found straying as aforesaid may be removed by an officer or employee of the Corpo- ration or by any police officer to a pound.
164
Power of 300. Where the Commissioner or the Medical Senmission- Qff]c e r o f Health is of opinion that there is a rwnova^or'nu
'sancc on an
Y lan
dor
building, he may by notice
abatement in writing, require the person by whose act, default
ofn»i»ance. or sufferance the nuisance arises or continues or the owner, lessee or occupier of the land or building, or any one or more of these persons to
remove or abate the nuisance by taking such measures in such manner and within such period as may be specified in the notice.
Dogs Registration 301. (1) The Corporation may by bye-laws *
aad control m a c [e jn this behalf— of dogs.
(a) require the registration, by the registra- tion authority appointed by the Com- missioner in this behalf of all dogs, kept within the city ;
(b) require that every registered dog shall -; wear a collar to which shall be attached a metal token to be issued by the registra- tion authority;
(c) fix the fee payable for the issue of metal token referred to in (b) above;
(d) require that any dog which has not been registered or which is not wearing such token shall, if found in any public place, be detained at a place set apart for the purpose ; and
(e) fix the fee which shall be charged for such detention and provide that any such dog shall be liable to be destroyed or other- wise disposed of unless it is claimed and the fee in respect thereof is paid within one week.
v ■ < V <
; (2) The Commissioner may—
(a) cause to be destroyed or to be confined for such period as he may direct, any dog or other animal which is, or is reasonably suspected to be, suffering from rabies, or which ha been bitten by any dog or other animal suffering or suspected to be suffering from rabies; and
165
(b) by public notice direct, that after such date as may be specified in the notice, dogs which are without collars or without marks distinguishing them as private property and are found straying on the streets or beyond the enclosures of the houses of their owners if any, may be destroyed and cause them to be destroyed accordingly.
(3) No damages shall be payable in respect of any dog or other animal destroyed or otherwise dis- posed of under this section.
» (4) No one, being the owner or person in charge of any dog, shall allow it to be at large in any public street or public place without being muzzled and,, without being secured by a chain in » any case in which—
(a) he knows that the dog is likely to annoy or intimidate any person ; or
(b) the Commissioner has, by public notice during the prevalence of rabies, directed that dogs shall not be at large without muzzles and chain leads.
(5) No one shall—
(a) allow any ferocious dog which belongs to him or is in his charge to be at large without being muzzled ; or
kb) set on or urge any dog or other animal to attack, worry or intimidate, any person; or
(c) knowing or having reason to believe that any dog or animal belonging to him or in his charge has been bitten by an * animal suffering or reasonably suspected to be suffering from rabies, fail or neg- lect to give immediate information of the fact to the Commissioner or give infor- a. mation which is false.
Precaution against Fire, etc.
Stacking or 302. The Municipal Commissioner may by collecting' public notice prohibit in any case where such materials, prohibition appears to him to be necessary, for the prevention of danger to life or property, the stacking or collecting of wood, dry grass, straw or other inflammable materials or the placing of mats, bamboos, timber or thatched huts or the lighting of fires in any place which may be specified in the notice,
166
Care of naked lights.
303 No person shall get a naked light on or near any building in any public street or other public place in such manner as to cause danger of fire s Provided that nothing in this section shall be deemed to prohibit the use of lights for the purposes of illumination on the occasion of a festival or public or private entertainment.
304. No one shall discharge any fire-arm or let Discharging fireworks or fire-baloons or detonators or engaged in
fire-works any game in such manner as to cause or to be fire-arm», likely to cause danger to persons passing by or e tc
' dwelling or working in the neighbourhood or risk
of injury to property ; Provided that all fire works or fire baloons or detonators used by private parties
in all cases other than public festival shall be subject to prior information of the Corporation. Power to 305-one sl̂a
^ quarry, blast or cut timber require buil- or carry on building operations in such manner as to
ding, walls, cause, or to be likely to cause danger to persons etc., to be passing by or dwelling or working in the neigh- rendered safe b o u r h o o d .
Prevention and extinction o f fire
Maintenance of fire bri- gade and
the arrange- ments
the
tion and
tinction
fire.
for
preven-
ex-
306. (1) For the prevention and extinction of fire
the Corporation may maintain fire brigade and
provide any implement, machinery or means of communicating intelligence which the Corporation may think necessary for the efficient discharge of
of their duties by the brigade.
(2) The Commissioner may provide such 1 ndications as to the location of mains and hydrants for prevention and extinction of fire, as he may deem necessary by affixing a plate on any building or upon any land, or painting any indication on any building or erecting such appliance as he may
think necessary.
(3) No person shall destroy, pull down, deface, eover or conceal such plate, indication or appliances.
307. (1) On the occasion of a fire in the city any magistrate or any member of a fire brigade, maintained by the Government or the Corporation, then and Power of fire
brigade and
other person ■ . . - . . .for suppre- there directing the operations of men belonging to
sion of fire, the brigade or any police officer, not below the ra nk of Sub-Inspector, may—
fa) remove or order the removal of any
person who by his presence interfere
with or impedes the operation for extinguishing the fire or for saving
life or property ;
167
(b) close any street or passage in or near which any fire is burning ;
(c) for the purpose of extinguishing the fire, break into or through or pull down, or cause to be broken into or through or pulled down, or use for the passage of hoses or other appliances, any premises ;
(d) cause mains and pipes to be shut off so as to give greater pressure of water in or near the place where the fire has occurred ;
(e) call on the person in charge of any fire engine to render such assistance as may be possible ; and
(g) generally, take such other measure as may be appearing necessary for the prevention and extinction of fire.
(2) On the occasion of a fire all persons assisting the fire brigade whether voluntarily or otherwise shall be under the officer in charge of the fire brigade and shall obey all orders and directions given by such officer.
(3) No person shall be liable to pay damages in respect of anything in good faith done or in- tended to be done under sub-section (1) of this section.
Power to make regu- lation* for fire brigade.
308. (1) The Corporation shall from time to time make regulations for—
(a) the training, discipline and good conduct of the men belonging to the fire brigade ;
(b) their speedy attendance with engines, fire escapes and all necessary implements on the occasion of any alarm of fire ;
(c) the maintenance of the said brigade generally in a due state of efficiency ; and
(d) the submission of reports of fires.
(2) With the approval of the Corporation and subject to the conditions and limitations prescribed by this Act, the Commissioner may make regulations for the granting of gratuities, rewards or certificates, to persons who have given notice of fires or who have rendered effective service to the fire brigade on the occasion of fire.
168
CHAPTER XXIV . 4 .
Markets and Slaughter Houses
' d e e m e d 309 All markets and slaughter-houses which municipal belong to or are maintained by the Corporation markets and shall be called " Municipal Markets" or " Municipal houfes'" ' Slaughter-houses" . All other markets and slaughter- houses shall be deemed to be private.
Provision of 310. (1) The Commissioner, when authorised by n
^ i
m U ni ' the Corporation in this behalf, may construct, nets and purchase, take on lease or otherwise acquire any slaughter- building or land for the purpose of establishing a houses. municipal market or municipal slaughter-house or stock-yard or extending or improving any existing municipal market or maintain such municipal markets, slaughter-houses and stock-yards and such stalls, shops, sheds, pens and other buildings or conveniences for the use of the persons carrying on trade or business in or frequenting, such municipal markets, slaughter-houses or stock-yards, and provide and maintain in such municipal markets, such buildings, places, machines, weights, scales and measures for weighing and measuring goods sold therein as he shall think fit.
(2) Municipal slaughter-houses and municipal stock-yards may be situated within or without the city with the sanction of the Government.
Municipal 311. The Commissioner may, at any time, close markets, any municipal market or slaughter-house or stock- houses'andyard
or any portion thereof, and the premises stock-yards occupied for any portion thereof, so closed may be may be disposed of as the property of the Corporation, closed.
nFcipalmU
' 312.(1) No person shall, without the general or markets. special permission, in writing of the Commissioner, sell or expose for sale any animal or article in any municipal market.
(2) Any person contravening the provisions of sub-section (1), and any animal or article exposed for sale by such person, may be summarily removed from the market by or under the orders of the Commissioner or any employee of the Corporation authorised by the Commissioner in this behalf. Opening of 313. The Corporation shall from time to time private determine whether the establishment of new private marketsand markets or the establishment or maintenance of pdyate
private slaughter-houses shall be permitted in the houses.""cit
yor
*n an
ysPec
ifie
Commissio- than in conformity with the terms of a license granteel
nse private the Commissioner in this behalf—
mar b a t s , slaugh t a r Jkoascs an4
814. (1) No person shall, without or otherwise
tt«sJt-yar«h-
t a) keep open any private market, or wilfully or negligently permit any place to be used as a private m arket; or
(b) use any place in the city as a slaughter- house or stock-yard, or for the slaughter- ing of any animal intended for human consumption ; or
(c) use any place outside the city whether as a slaughter-house or otherwise, for the slaughtering of any animal intended for human consumption in the city ; or
(d) use any place that may be set apart by the Corporation in this behalf for the sacrifice of animals in accordance with religious customs and for the sale of flesh thereof ;
Provided that—
(i) the Commissioner shall not refuse, suspend or cancel any license for keeping open a private market for any cause other than the failure of the owner thereof to comply with the provisions of this Act, or bye-laws made thereunder ; and
(ii) nothing in the foregoing provisions of this section shall be deemed to pro- hibit the slaughter of any animal in any place as a part of any religious festival or ceremony.
(2) Every such license shad be renewable annually on the certificate of the Medical Officer of Health.
(3) There shall be paid for every license granted under sub-section (1) such annual fee as may be fx«d ]»y the Corporation.
173
170
(4) If any private market or any place set apart under clause (d) of sub-section (1) be closed for more than half of any year for which a fee has been paid, the Corporation may refund the whole or any por- tion of the fee so paid for that year.
(5) When the Commissioner has refused, sus-
pended or cancelled any license to keep open a
private market, he shall cause a notice of his having
done so to be affixed on some conspicuous spot on or
near the building or place where such market has been held.
At
Levy of ittllagei, recti and fees.
315. The Commissioner may—
(a) charge such stallages, rents or fees as may from time to time be fixed by him in this behalf—
J
(i) for the occupation or use of any shop, stand, shed or pen in a municipal market or municipal slaughter house ;
(ii) for the right to expose article for sale in a municipal market ;
(iii) for the use of machines, weights, scales and measures provided for in any municipal market ; and
(iv) for the right to slaughter animals in any municipal slaughter-house, and for the feed of such animals before they are ready for slaughter; or
(b) charge for the stallages, rents and fees chargeable as aforesaid or any portion thereof for such period as he may think fit ; or
c) put up to public auction or dispose of by private sale, the privilege of occupying or using any stall, shop, stand, shed or pen in a municipal market, municipal slaugh- . ter-house for such period and on such conditions as he may think fit.
171
rents, etc., to be publi- shed.
316. A copy of the table of stallages, rents and
fees, if any, chargeable in any municipal market or municipal slaughter-house, and of the bye-laws made
under this Act for the purpose of regulating the use
of such market or slaughter-house printed in such
language or languages as the Commissioner may
direct, shall be affixed in some conspicuous place in the market or slaughter-house.
Pio hi bition of business aad trade near a mare ket.♦
317. (1) No animal or article shall be sold or
exposed for sale within a radius of fifty yards of any
municipal market or licensed private market without the permission of the Commissioner.
(2) Any person contravening the provisions of
sub-section (1) and any animal or article exposed for
sale by such person may be summarily removed by or under the orders of the Commissioner or any em-
ployee of the Corporation appointed by him in this behalf.
Licence for 318.(1) No person shall without or otherwise
dealing in than in conformity with a license from the Commis-
flesh, fish s jo n e r de a i in flesh, fish, poultry or import flesh inten-
and poultry. human food or use any place for the sale of flesh, fish or poultry intended for human food :
Provided that no licence shall be required of any" place used for the sale or storage for sale of preserved flesh or fish contained in air-tight or hermetically sealed receptacles.
(2) The Commissioner may by order and sub-
* ject to such conditions as to supervision and inspec- tion as he thinks fit to impose, grant a licence or
may by order refuse, for reasons to be recorded, to grant the same.
(3) Every such licence shall expire at the end of the year for which it is granted or at such earlier date as the Commissioner may, for special reasons, spec:fy in the licence.
(4) If any place is used for the sale of flesh, fish
or poultry in contravention of the provisions of this
section, the Commissioner may stop the use thereof by such means as he may consider necessary.
172
CHAPTER XXV
Vital Statistics
Appointment 319. (1) The Medical Officer of Health R*l»trar andtl̂e
Registrar of births and deaths for Registrars.tl̂e c
^ 'fan
^ shall kee
P *n suc
^ f°rm
as may be provi- ded by bye-laws a register of al! births and deaths occurring In the oity.
(2) The Municipal Commissioner shall appoint such number of persons to be Sub-Registrars of births and deaths as he deems necessary and define the respective areas which shall be under the charge of such Registrars.
<;D
btRS• °f
^ le
R e
8̂ strar an
d the Sub-Registrars shall trarCgI5" k£
®P themselves informed of every births or deaths occurring within the area under his charge and shall ascertain and register, as soon as con- veniently may be after the event, and without fee or reward, such particulars in respect of every birth or death as may be required by bye-laws.
J S E S , ® (*) It .hall be the duty of the deaths. father or mother of every child born in the city and in default of the father or mother, any relation of the child living in the same premises, and in default of such relation, the person having charge of the child, to give to the best of his knowledge and belief to the Sub-Registrar of the area concerned within seven days, after such birth, information containing such particulars as may be required by bye-laws made in this behalf.
(2) It shall be the duty of the nearest relative present at the time of the death or in attendance during the last illness of any person dying in the city and in default of such relation, any person present or in attendance at the time of the death, and the occupier of the premises in which to his knowledge the death took place and in default of the person hereinbefore mentioned, each inmate of such premises or the undertaker or other person causing the corpse of the deceased person to be disposed of, to give to the best of his knowledge and belief to the Sub-Registrar of the area within which the death took place information containing such particulars as may be required by bye-laws made in this behalf.
173
(8) If a birth or death occurs in the hospital, ,,, none of the persons mentioned in sub-section (1), . or as the case may be, in sub-section (2) shall be bound to give information required by that sub- section, but it shall be the duty of the medical officer-in-charge of the hospital within twenty-four hours after the birth or death, to send to the Medieal Officer of Health a notice containing such particu- lars as may be required by bye-laws made in this behalf.
PART VI
CHAPTER XXVI
Land, Buildings and S treets
322. D evelopm ent Schem es .—Where the Com- *e' missioner upon information in his possession is satisfied in respect of any area—
(a) that the buildings in that area are by reason of disrepair or sanitary defect unfit for human habitation or are by reason of their bad arrangements or the narrowness or bad arrangement of the streets or the want of light, air, ventilation or proper conveniences, dangerous or injurious to the health of the inhabitants of the area ; and
(b) that the most satisfactory method of deal- ing with the conditions in the area is the re-arrangement and re-construction of the streets and buildings in the area in accord- ance with development schemes;
he may frame development schemes in respect of the area in accordance with the bye-laws made in tfew behalf
173
(8) If a birth or death occurs in the hospital, ,,, none of the persons mentioned in sub-section (1), . or as the case may be, in sub-section (2) shall be bound to give information required by that sub- section, but it shall be the duty of the medical officer-in-charge of the hospital within twenty-four hours after the birth or death, to send to the Medieal Officer of Health a notice containing such particu- lars as may be required by bye-laws made in this behalf.
PART VI
CHAPTER XXVI
Land, Buildings and S treets
322. D evelopm ent Schem es .—Where the Com- *e' missioner upon information in his possession is satisfied in respect of any area—
(a) that the buildings in that area are by reason of disrepair or sanitary defect unfit for human habitation or are by reason of their bad arrangements or the narrowness or bad arrangement of the streets or the want of light, air, ventilation or proper conveniences, dangerous or injurious to the health of the inhabitants of the area ; and
(b) that the most satisfactory method of deal- ing with the conditions in the area is the re-arrangement and re-construction of the streets and buildings in the area in accord- ance with development schemes;
he may frame development schemes in respect of the area in accordance with the bye-laws made in tfew behalf
174
f*»P
inVi»C& 323. (1) A development scheme may provide davalopawntôr
*11 or any of the following matters, namely-—
••keme.
(a) the acquisition under the Land Requisition and Acquisition Act. 1948, by agreement or otherwise of any property necessary for or affected by the execution of the scheme ;
(b) the relaying out of any land comprised in the scheme;
«
(c) the redistribution of'sites belonging to owners of property comprised in the scheme ; f
(d) the closure or demolition of buildings cr portions of buildings unfit for human habita- tion ;
(e) the demolition of obstructive buildings or portions thereof;
(f) the construction and reconstruction of build* ings;
(g) the construction and alteration of streets;
(h) the water supply, street lighting, drainage and other conveniences •
(1) the provision of open spaces j
(J) the sanitary arrangements required for the area comprised in the scheme ;
(k) die provision of accommodation for any class of the inhabitants ;
(1) the provisions of facilities for communica- tion ;
115
(m) the sale, letting or exchange of any property
comprised in the scheme ; and
(n) any other matter for which, in the opinion of the Commissioner it is expedient to make
provision with a view to the development
of the area to which the same relates.
(2) Whenever any land is designated ill a develop'
ment scheme as subject to acquisition or is required by
the scheme to be kept as all open space, then, if at
the expiration of ten years, the land is not acquired
' by the Commissioner, the owner of the land may
serve on the Commissioner a notice requiring his interest in the land to be so acquired.
(3) If the Commissioner fails to have the land acquired within a period of six months from the
receipt of the notice, the development scheme shall have effect after the expiration of the said six months
as if the land were not designated as subject to
acquisition by the Commissioner or were not required
to be kept as an open space. Submission 324. Every development scheme shall, as soon
of develop- a s m a y jje a ft e r jt ha s been framed, be submitted by the
* me^o^tha Commissioner for approval to the Corporation and the
Corpora- Corporation may either approve the scheme without
tion for ap-modification or with such modifications as it may
proval. consider necessary or reject the scheme and require
* the Commissioner to have a fresh scheme framed
according to such directions as the Corporation may give.
Develop- 325. No development scheme framed under
ment schemet }1is p a r t shall be valid unless such scheme
withCOtthey
is 'n
conformity with the provision of the
Master Man,Master Plan and Zonal Development Plan for the city,
and Zonal and has been approved by the State Government. Development
Plaa.
P«w*ref 386. Notwithstanding anything to the contrary Sovemmeat contained in Sections 323 to 325 the Corporation may Cerptrati**£
nd80 ie
Qu
ire
d by the Government shall direct the t» make Commissioner tc prepare a Development Scheme in sckewc. rsspact of any area of the city.
Buildmg Control
Prohibition of erection or rs-erec- tie» of
uildiags without
permission.
327. No person shall—
(i) erect or re-erect any building ; or
(ii) commence to erect or re-erect any building, or
(iii) make any material external alteration to any existing buildings';
(iv) construct or re-construct any projecting portion of a building which the Commissioner is empowered to require to be set back or is empowered to give permission t® construct of re-construct—
(a) unless the Commissionar or the Engineer so empowered has either by an order in writing granted permission or has failed to intimate within the prescribed period his refusal to grant such permis- sion ; or
(b) after the expiry of one year from the date of the said permission or such longer period as ths Commissioner may allow:
Provided that nothing in this section shall apply to any work, addition or alteration which the Cor- poration may by bye-law declare to be exempted. Motice of 328. (1) Every person who intends to erect or buildings, re-erect a building shall submit to the Corporation—■
(a) an application in writing for approval of the site, together with a site plan of the land, and documents of title and, in the case of land which is the property of the Government or of the Corporation a certi- fied copy of the documents authorising him to occupy the land, and if so required by the Commissioner, the original document or documents ; and
(b) an application in writing for permission to execute the work together with a ground plan, elevations and sections of the building and a specification of the work.
181
177
(2) Every plan of any building to be construc- ted wholly or partly of masonry submitted under sub-section (1), shall, in token of its having been prepared by him or under his supervision, bear the signature of a surveyor, licensed or.- duly approved by the Corporation.
(3) Every document submitted under sub- section (1) shall be prepared in such manner and shall contain such particulars as may be required by bye-laws made in this beha f.
(4) Nothing herein contained shall require a person to comply with the provisions of clause (b) of sub-section (11 of this section until such time as the site has been approved by the Commissioner or such person as he may direct :
Provided that an application shall be disposed of within 60 days from the date of receipt. t Commu- 329. The Commissioner on the advice of the refuse erec- Engineer shall refuse to sanction the erection or ra- tion or re- erection of any building which is in contravention of erection of any rule or bye-law made under the provisions of this building, Act.
Grounds 330. The Commissioner on the advice of on which site the Engineer may refuse to approve of the site on bunding mayw
bic
his
intended to erect or re-erect any be disappro- building on all or any of the following grounds— ved. (a) that the erection or re-erection of the proposed building on such site would be
in contravention of a development scheme
under Section 322 or of any other provi-
sion of this Act or of any other enact-
ment for the time being in force ; or
(b) that the site is in a portion of the city in which the position and direction, of the streets have not been determined, and that the building which it is propo- sed to erect on such site will, in the opinion of the Commissioner obstruct or interfere with the construction in future of suitable streets in such portion of the city or the drainage, water-supply or ventilation thereof :
Provided that any person . to whom permission to erect or re-erect a building on such a site has been refused may, by a written notice to the Commissioner, require that the position and direction of the future street in the vicinity of his intended building be forthwith laid down and determined, and if such requisition be not complied with within one year from the date thereof, may, subject to
Ground on which per- mission to erect or re- erect buil- ding may
be refused.
I78
all other provisions of this Act applicable thereto,^, proceed with the erection of his building; or-
(c) that the site has been reclaimed 1 or usedw as a place for depositing;;. sewage,",, offensive matter or rubbish or the car- casses of dead animals or is otherwise- insanitary or dangerous to-.. health ; or
(d) when the site is in a portion of the city for which a development scheme lias not been sanctioned by the Co41p0-» ration and that the . building which, it u is proposed to erect or re-erect on such site will, in the opinion of the Com- missioner be likely to conflict, ini a fc manner to be communicated in writing to the applicant, with- the contemplated development scheme-:
Provided that any person to whom permission"
to erect or re-erect a building on such a site-* has been refused may by writen notice to the Commissioner, require that the preparation of a development scheme for the portion of the' city in which the said site is situated be proceeded (vith* as early as circumstances may permit 5 and if ' the applicant is not informed in writing "within twelve months of the date of the requisition that the Corporation has sanctioned the said scheme, he may, subject to all the other .provisions of this Act applicable thereto, proceed With the erection or re- erection of the building in respect of which the application was made.
331. (1) Thb. (.Commissioner shall not grant permission to erect or re-erect an.y building . .unless and until the Engineer has approved of the site thereof on an application under section 328.'
(2) The Commissioner, may refus&.i permission to
erect or re-erect.any bu ild in g - fa) if the plan and specifications--submit ted -with the application show that such building is not in accordance with .a (development scheme sanctioned under section. . 324-or., with any. provision of this Act, or any.rule.or.r bye-law. made thereunder .or any. provision-, of any law.for the time being in force ;-.or.
(b) if in his opinion the erection or re-erection of such building would be a ; ^nuisance or injurious to the * inhabitants of ' the neighbourhood or to the public ; or
«
j
4
r
183
179
.* t.
(c) unless and until any plans, specification or particulars called for by him are supplied ; or
(d) if the proposed building would be < encroachment upon Government municipal land ; or
ftre) if the .'site ■ of . such building does J abut on a street or a - projected street if there is- no access to such building a iftoni. any csuch street by a passage or pathw ay appertaining to such site. 332s I f at any time before .the completion of building of which the erection has been sanctio- direct modi ned under section 327 the Commissioner finds that any., modification of sanctioned plan is necessary, the ' Commissioner may, subject to payment of compensation as may be assessed by the Commis- sioner fos any loss to which the owner may be put, direct that the building be- modified accordingly. Power of
Commis-
sioner toa
fication of
sanctioned
plan of buil-
ding before
its comple-
tion.
an
cr
not
or
Lapsa of
sanction. ». 333. Every sanction for the erection or re-erectior. of. any building shall remain in force for one year .only .from the' date of such sanction, or for such
longer, period, as the Commissioner may have allowed
Avhen.conveying.sanction under section 327. Should
the erection on re-erection of the building not have
■been commenced within one year and completed
within two years, ar such longer period as may have
been allowed by the Commissioner the sanction shall
be deemed to have lapsed, but such lapse shall net
»bar*...any subsequent application for fresh, sanction
under th e . foregoing provisions of the Act.
Intimation ' 334.. Every person who erects or rc-erects any
tionoTbuU- buildm g-shall within one month of the completion
ding. of the work deliver to the Commissioner a t his office
a notice in writing of such completion and
shall give him all necessary facilities for the
■^.inspection ofisuch< work.
*
Erection an d •'•335. (f) No building shall be erected for a tem-
use of tem- ' ' .. - . • z-<
p o r a r y
building to
be appro-
yed by
Com m i s-
sloner.
porary purpose without the sanction of the Commis-
sioner," or otherwise than in accordance with any
•bye-laws made in this behalf under; this Act.
(2) If any bdilding erected for a temporary purpose is not used strictly for such purpose .. and in accordance with any bye-laws made under this Act »<;or is erected without the sanction of the Comrnis- sion.er, the building may be demolished by the Commissions at the expense cf the owner thereof
. whether he is prosecuted under (his Act or not.
180
on pensa- 336. (1) No compensation shall be claimable by tion. a n o w n e r fo r a n y damage which he may sustain in consequence of the prohibition of unauthorised erection or re-erection of any building.
(2) The Corporation shall make reasonable compensation which shall be assessed .by the Commis- sioner, to the owner for any damage or loss which he may sustain in consequence of the prohibition of the authorised erection or re-erection of any building or part of a building except in so far as the prohibition is necessary under any rule or bye-law.
«
Power to re- 337.(1) If any building is erected or re-erected in qui ie remo- contravention of any development scheme mentioned tfoa^^wort' under section 322 or any building bye-laws made notin con-under section 416(1)0, or without plans having been for nity with deposited, or notwithstanding the rejection of plans, or bye-laws or otherwise than in accordance with any requirements Withstandingsu
bject to
which the Commissioner passed the plans, rejection - " ---------------------- - - ----=--J
— plas, etc. of the Commissioner may, without prejudice to his right of taking proceedings in a court of law for such contra- vention, by notice to the owner either require him to pull down or remove the work or if he so elects, to effect such alteration therein as may be necessary to make it comply with the said scheme or bye-laws or other requirements specified in the notice.
(2) If any case in which the erection or re-erec- tion of any building has been commenced or is being carried on unlawfully as mentioned in sub-section (1), the Commissioner may, by a written notice, require the building operation to be discontinued from the date of service of the notice.
(3) If a person to whom a notice has been given under the foregoing provisions of this section fails to comply with the notice before the expiry of thirty days, the Commissioner may pull down or remove the work in question, or effect such alteration therein as he deems necessary, and may recover from him the ex- penses reasonably incurred by the Commissioner in so doing, and such dues shall be recoverable as arrears of municipal tax.
(4) Where plans were approved, it shall not be open to the Commissioner to give such a notice on the ground that the building contravenes any scheme or bye-laws, as the case may be, or does not comply with his requirements under this Part •
Power of 338, if a t any time after permission to proceed Commission w :t ^ a n y building or work has been given, the Com- perndssion" missioner is satisfied that such permission was grant-
on grounds ed in consequence of any material misrepresentation
of materials o r fraudulent statement contained in the notice given or mis -reprc- - - . . . . . ---- . sentation by
applicant.
information furnished under section 328, or in further
information, if any, furnished, he may cancel such
permission, and any work done thereunder shall be
deemed to have been done without his permission.
Restric- 339. No person shall, without the written permis-
tion on use sion of the Commissioner, or otherwise than in con-
of buildings, formity with the conditions, if any, of such permis-
sion—
(a) use or permit to be used for human habitay tion any part of a building not originally erected or authorised to be used for that purpose or not used for that purpose before any alteration has been made therein by any work executed in accordance with the provisions of this Act and of the bye- laws made thereunder;
(b) change or allow the change of the use of any land or building ; and
(c) convert or allow the conversion of one kind of tenement into another kind. Prohibi-
tion against
use of
infiammabl e
material for
building, etc.
permission.
340. No external roof, verandah or wall of a building and no shed or fence shall be constructed or re-constructed of cloth, grass, leaves, mats or other inflammable materials except with the permission of the Commissioner, nor shall any such roof, verandah, .wall, shed or fence constructed or reconstructed in any year be retained in a subsequent year except with such permission.
Bar of 341. gave as otherwise expressly provided, no jurisdiction. c -v y c o u r t shall have jurisdiction to settle, decide or deal with any question which is by or under this part required to be settled, decided or d^alt with by the Comtaissioner.
186
182
Dangerous and In sanitary Buildings
Previsions 342- (1) If after obtaining the opinion of the regarding Engineer, it appears, to the Commissioner that any S ' f f building or part of a building intended or used human for human habitation or human occupation habitation for any purpose whatsoever is unfit for such habitation
or occupation, he shall give to the occupier and in case the building is not occupied, to the owner notice in writing stating such reasons'and'jighifying his intention te prohibit the further use of such' building or part of a
building for such purpose,* -and' calling upon the owner or occupier to state in writing his objection, if any3 to such prohibition within seven days after the receipt of notice. If no objection is raised by such owner or occupier within prescribed period,
Provided that, before such order is given, the owner or occupier of the building shali be given
an opportunity of appearing before the Standing Committee in person or by agent in support of his objection,
(2) Notice of such prohibitions shall be served upon the owner of any buildings or part of a buil- ding affected thereby and also upon every occupier or user thereof stating the fact of such prohibi- tion specifying a period not being less than fourteen days after the date, of such rnotice within - which every such person shall remove . himself and his v movable property from the said building or part thereof, and if on the day so appointed any such * person has failed to remove himself and hismova- o ble property from the said building or part thereof, the Commissioner may cause him and his property t® be removed and may recover from him the cost ®f such removal.
(3) When a building or part of building has been vacated under sub-section (2), the Commissioner shall affix a notice thereto itf:the prescribed manner and no person, except With the permission in writing of the Commissioner and in* accordance with the terms and conditions of such permission, shall' without suffi- cientcause enter into or remain in such building' or
part of a building.
183
*
(4) At any time after a building or part of a building has been vacated under sub-section (2), if the Commissioner considers that it can be rendered fit for human habitatinn by structural alterations and repairs, he may .by. notice, in writing call upon the owner to execute, within a period.of six months from the date of receipt of such« notice., such , structural alterations or repairs, as he.deems necessary and if at the expiration of the aforesaid period such alterations or repairs have
not been executed to his satisfaction, he shall issue to the said owner a notice in writing ordering the demoli- tion of such building or. part thereof within a period of thirty days from, the' d a te" of the receipt of such notice or such longer period as the Commissioner may
specify.
(5) If the Commissioner-is of the opinion that the building is not- capable of being rendered fit for human habitation,"he may by notice in writing call upon the owner to demolish it within a period of thirty days from the receipt of such notice or such* longer period-as .the Commissioner may specify.
(6) If at the expirastioni-of the said period, • an order to demolish a building or part of a building issued under sub-Seotiomi (4) or sub-section (5) has not been complied with, the Commissioner may direct, by a n 'order in ■ writing, the demolition thereof- by any municipal employee or contractor. The mate* rials of the buddmg. or pat t of the building so des- troyed shall- thereupon be sold by public auction and the proceeds-of the sale shall be made over >
to the owner after»deducting the-cost of such des- truction and Sale. If the amount realised is not sufficient' to cover the cost of such demolition and- sale, the balance, if any, shall be recovered from the
owner as arrear of municipal tax:
Provided- that,abeforer such - order is given the!- owner of the budding- shalh be given an opportunity off appearing'-beforethefCommissionor in person or byt> an agent *ndtof shswingmause why such order should I not beigivenrm
(7) If any buildirig or part of a building in respect
of which an order unde f this section has been made is
the subject of a lease, such lease shall be voidable at the
option of the lessee with effect from the date on which the said lessee has to vacate the premises.
184
Removal ef 343. (1) j f jn the opinion of the Commissioner buildings in a n y building, wall, structure or anything affixed thereto state,,s ln
dangerous state, the Commissioner may, by notice in writing, require the owner or occupier thereof forthwith either to remove the same or to cause such repairs to be made thereto as he considers necessary for the public safety; and if the danger appears to him to be imminent, he may forthwith take such steps as may be required to avert such danger, including the forcible removal without notice from such building of all the occupiers thereof and their property.
(2) .Any expenses incurerd by the Commissioner under sub-section (1) shall be paid by the owner concerned.
(3) Except with the permission in writing of the Commissioner no person shall without sufficient cause enter into or remain in any building from which the occupier has been removed under sub-section (1). Abandoned 344. If it appears to the Commissioner that any or unoceupi* building or structure is abandoned or unoccupied or ed premises. ^as become a resort of disorderly person or is by reason of its conditions seriously detrimental to the interest of the neighbourhood, the Commissioner may give written notice to the owner of such building or structure if he be known and resident within the city, or to any person who is known or believed to elaim to be the owner, if such person is resident within the city, and shall also affix a copy of the said notice on some conspicuous part of the said building or structure requiring all persons having any right or interest therein to take such order regarding the said building or structure as may, in the opinion of the Commissioner, be necessary to prevent the same from being resorted to as aforesaid or from being seriously detrimental to the amenities of the neighbourhood.
Reelrm ation 345. (1) If for any reason it appears to the of lowdying Commissioner that the level of the site on which it is * 'u,
' proposed to erect or re-erect a building is so low that such building is likely to become insanitary or likely to
be a source of nuisance, he shall give to the owner of
the building proposed to be erected a notice as to why
the said site should not be reclaimed with such mate-
rials and raised to such height and within such period
not being less than six months from the date of the notice as he shall think fit and the said notiee shall specify the cost a t which, if so desired by the owner the required work can be performed by municipal
agency.
185
K
(2) If no objection is raised within such period as
aforesaid, or if any objection which is raised appears
to the Commissioner to be invalid or insufficient, he
may by notice in writing direct such owner er
occupier—
(a) to carry out such reclamation and raising
of the height within the period specified :
or
(b) within thirty days after the receipt of the
said notice to pay to the Commissioner,
the estimated cost of performing the
* work by municipal agency.
(3) In any case in which the estimated cost
of the reclamation has not been paid to the Commis-
*. sioner, and the owner fails to carry out the work of
reclamation within the period specified in the notice
under sub-section (2), the Commissioner may recover
from him the estimated cost of the work as stated in
the notice issued under sub-section (1) or so much
thereof as he may consider necessary to complete the
work, and shall carry out and complete the work:
Provided that in case of hardship the Com-
missioner may realise the amount in instalments after
completion o f the work. Removal o f 346. If it appears to the Commissioner that
matcriafsan
Y tiles, stones, rafters, building materials or
from " any debris of building materials are stored or collected in or
premises upon any premises in such quantity or bulk or in such
way be re- a way as to constitute a harbourage or breeding place
quired. fo r r a t g o r o ther vermin or is otherwise a source of
danger or nuisance to the occupiers of the said
premises or to persons residing in the neighbourhood
thereof, the Commissioner may by written notice
require the owner of such premises, or the owner of
the materials or debris so stored or collected therein, to remove or dispose of the same or to take
such order regarding the same as may, in the
opinion of the Commissioner, be necessary or expedient
to abate the nuisance or prevent a recurrence thereof.
Cleansing 347. Should the owner, part-owner, or occu- build' 51thy P*er an
V b id in g suffer the same to be in a filthy or
ui mg. u n w holesome state, the Commissioner may by notice, require him within twenty-four hours to cleanse the
same or otherwise put it in a proper state and there- after to keep it in a clean and proper state and if it
appears to be necessary for sanitary purposes to do so
may, at any time by notice, direct the occupier of
any building to white wash or otherwise cleanse
the said building inside and outside in the manner and within a period to be specified in the notice.
186
Cloiiag »f public
streets.
Prohibition of projec- tions upon ■street, etc.
Public Streets
348. (1) The Corporation may, subject to approval of the Government, permanently close the whole or any part of public street:
Provided that no such street or part thereof be closed unless for one month at least before the meeting of the Corporation at which the matter is decided, a notice has been posted in the street, or part thereof which it is proposed to be closed inform- ing the residents of the said proposal, and until the objections to the said proposal, if any, made in writing at any time before the day of the said meeting have been received and considered by the Corporation.
(2) When any public street or part thereof is permanently closed under sub-section (1), the site of such street or the part thereof which has been closed, may be disposed of as land belonging to the Corpora- tion.
Encroachments on Street
349. (1) No person shall erect, set up, add to, or place against or in front of any premises any structure or fixture which will—
(a) overhang or project into, or in any way encroach upon, and obstruct in any way the safe or convenient passage of the public along any street, or
(b) project into or encroach upon any drain or open channel in any street so as in any way to interfere with the use or proper working of such drain or channel or to impede the inspection of cleansing thereof.
(2) The Commissioner by a notice require the encroacher or owner or occupier of any premises to remove, or to take such other action as he may direct in relation to any structure or fixture which has been erected, set up, added to, or placed against, or in front of the said premises in contravention of this section
(3) If the occupier of the said premises removes or alters any structure or fixture in accordance with such notice, he shall be entitled, unless the structure or fixture was erected, set up or placed by himself, to credit into account with the owner of the premises for all reasonable expenses incurred by him in complying with the notice. In case the owner er occupier fails to comply with such notice, the Commissioner will remove or alter any such struc- ture or fixture as contained in the notice or take such steps to remove such encroachments as he may deem fit.
187
♦ ~<
rG-w-rs'of 350- (1) The Corporation or the Commissioner municipal0shall not in respect of any street vested in the Govern- authorities. ment, grant permission to do any act the doing of which without the permission of the Corporation or the Commissioner is punishable under this Act or the rules or bye-laws made thereunder except with the sanction of the Government which may be given in respect of a class of cases generally or in respect of a particular case.
(2) The Corporation or the Commissioner shall, if so required by the Government, exercise in respect of such streets, all or any of the powers conferred by the Act upon the Corporation or the Commissioner, as the case may be.
Footings uf 351. No title to any land belonging to or vested buildings in the Government or the Corporation shall be deemed bnsh°title'tot0
h»ve
been acquired by a person or persons by land belong- reason only that the footing of the foundations of any ingto Go- buildings, wall or other structure project or have vernmentor projected below the surface of such land, vesting in Corporation.
Prohibition
of deposit,
etc.,
things
streets.
of
in
352. (1) No person shall, except with the per- mission of the Commissioner, and on payment of such fee as he in each case thinks fit, place or deposit upon any street, or upon any open channel, drain or well in any street, or upon any public place, any stall, chair, bench, box, ladder, bale or other things whatsoever so as to form an obstruction thereto or encroachment thereon.
(2) Nothing in sub-section (1) applies to building materials.
•» »
Power to re» move any- thing depo- sited or ex- posed for sale in con- travention of this Act.
353. The Commissioner may, without notice, cause to be removed:—
Streets net
to be opened qj- a or broken
up and
building ma-
terials not
to be depo-
sited thereon
without per-
mistioa.
(a) any stall, chair, bench, box, ladder, bale, or other thing whatsoever, placed, deposited, projected, attached or suspended in, upon, from or to any place in contravention of this A c t; and
(b) any article whatsoever hawked or exposed for sale on any public street or in any other
public place in contravention of this Act
and any vehicle, package, box or any other
thing in or on which such article is placed.
354. (1) No person other than the Commissioner duly authorised municipal employee shall—
(a) open, breakup, displace, take up or mak«
any alteration in, or cause any injury to
the soil or pavement or any wall, fence,
posts, chain or other materials, or thing
forming part of any street ; or
(b) deposit any building materials in any street j or
188
(c) set up in any street any scaffold or any temporary erection for the purpose of any work whatsoever or any posts, bars, rads, boards or other thing by way of an en- closure, for the purpose of making mortar or depositing bricks, lime, rubbish or other materials.
(2) Any permission granted under clause (b) or clause (c) of sub-section (1) shall be terminable at the discretion of the Commissioner on his giving not less than twenty-four hours notice of such termination to the person to whom such permission was granted.
(3) The Commissioner may, without notice cause to be removed any of the things referred to in clause (b) or clause (c) of sub-section (1) which has been deposited or set up in any street with- out the permission specified in that sub-section or which having been deposited or set up with such permission has not been removed within the period specified in the notice issued under sub-section (21:
Provided that nothing in this sub-section shall apply to cases under clause (bl or clause (c) of sub- section ^1) in which an application for permission has been made with such fee as may be specified by the Commissioner in this behalf but no reply has been sent to the applicant within seven days from the date of the application.
Ground floor 355. The Commissioner may at any time by doors, etc.' notice require the owner' of any premises on the no t to open ground floor of which any door, gate, bar or window outwards on opens cutwards upon a street or upon any land streets, required for the improvement of a street in such manner, as to obstruct, in the opinion of the Com- missioner, the safe or convenient passage of the public along such street, to have the said door, gate, bar or
window altered so as not to open outwards.
Prohibition
• f tathsring of aaimtla
•nd milking
• f cattle*
356. (1) No person shall tether any animal or cause or permit the same to be tethered in any public
street.
z
(2) No person shall milk or cause or permit to be m iked any cow or buffalo or goat in any street.
(3) Any animal tethered or any cow or buffalo or goat found being milked as aforesaid in any street may be removed by the Commissioner or any municipal employee and be impounded and dealt with under the provision of the Indian Cattle Tres- pwi Act, 1871,
189
Functionof
357. The Commissioner shall, from time to time, Commission- causejail public streets vested in the Corporation to be gravelled, metalled or paved, channelled, altered or repaired, and may widen, extend or otherwise
improve any such street or cause the soil thereof to be raised, lowered or altered or may place and keep in repair fences and posts for the safety of foot passen- gers :
Provided that no widening, extension or other
improvement of a public street, the aggregate cost of which will exceed five thousand rupees, shall be under taken byrthe Commissioner except with the previous sanction of the Corporation.
358. The Commissioner may at any time with the to previous sanction of the Corporation— (al lav out and make new nublic streets:
er in respect
of public
str«st.
Power
make
public street. ) y p ; (bj construct bridges, culverts and sub-ways;
(c) turn or divert any existing public street; and
(d) lay down and determine the position and direction of a street or streets in any part of the city notwithstanding that no pro- posal for tne erection of any building in the vicinity has been received.
The Commissioner shall, from time to time new public with sanction of the Standing Committee, specify street, the minimum width of different classes of new public streets according to the nature of the traffic likely to be carried thereon, and the streets with which they join at one or both ends, the localities in which they are situated, the heights up to which buildings abutting thereon may be erected and other similar considera- tions-
Power to 360. (1) The Commissioner with the previous prohibit use sanction of the Corporation may:—• of publie
street for
certain kinds
of traffic.
Minimum
width of 359.
(a) prohibit vehicular traffic in any street or any portion ther< of so prevent danger, obstruction or venience to the public or to quietness in any locality ; and public
as to
tncon-
ensure
(b) prohibit in respect of all public streets, or any particular public street, the transit of any vehicle of such form, construction, weight or size or laden with such heavy or unwieldy objects as may be likely to cause injury to the roadways or any con- struction thereon except under such con- ditions as to time, mode of traction or locomotion, use of appliances for the protection of roadways, number of lights and assistants and other general precautions and upon the payment of such charges as may be specified by the Commissioner generally in such ease.
190
(2) Notices of such prohibition as are imposed under sub-section (1) shall be posted in conspicuous places a t or near both ends of public streets or portions thereof to which they relate, unless such prohibition applies generally to all public streets.
street and for parking
place.
Power to 361. Subject to the provisions contained in this acquire land« Act, the Commissioner may— and building*
(a) acquire any land required for the purpose of opening, widening, extending or otherwise improving any public street or making any new public street and any building standing upon such land ;
(b) acquire in relation to any such land or building all such land with buildings, if any, thereon as the Corporation may think expedient to acquire outside of the regular line, or of the intended regular line, of such street ; and
r
(c) acquire any land for the purpose of laying out or making a public parking place.
Defining the regular line
of streets.
362. (1) The Commissioner may define a line on one or both sides of any public street in accordance with the bye-laws made in this behalf and may, with the previous sanction of the Corporation,
redefine at any time any such regular line:
Provided that, before according sanction the Cor- poration shall by public notice afford reasonable opportunity to the residents of premises abutting on such public street to make suggestions or objections with respect to the proposed redefined line of the street and shall consider all such suggestions or objections which may be made within one month from the date of the publication of the said notice :
Provided further that the regular line of any public street operative under any law in force in
any part of the city immediately before the commence-
ment of this Act shall be deemed to be a line
defined by the Commissioner under this sub-section.
(2) The line for the time being defined or rede-
fined shall be called the regular line of street.
(3) No person shall construct or reconstruct any building or a portion thereof or any boundary wall or other structure whatsoever within the regular line of a
street.
191
* Setting back building to regular line of street.
(4) The Commissioner shall maintain a register containing such particulars as may be specified by him in this behalf with plans attached thereto showing all public streets in respect of which the regular line of the street has been defined or redefined and containing any other particulars which the Commissioner may deem necessary.
(5) All such registers shall remain open for inspec- tion by any person on payment of such fee as may be specified by the Commissioner with the sanction of the Standing Committee.
363. (1) If any part of a building abutting on a public street is within the regular line of that street, the Commissioner may, whenever it is proposed—
(a) to repair, rebuild or construct such building or to take down such building to an extent exceeding one-half thereof above the ground level, such half to be measured in cubic meter, or
(b) to repair, remove, construct or reconstruct or make any additions to, or structural alterations of, any portion of such building which is within the regular line of the street ;
by an order which he issues concerning the additions to, rebuilding, construction, repair or alterations of such building, require such building to be set back to the regular line of the street.
(2) When any building or any part thereof within the regular line of a public street falls down, or is whether by the order of the Commissioner otherwise taken down, the Commissioner may forth- with take possession on behalf of the Corpora- tion of the portion of the land within the regular line of the street theretofore occupied by the said building and, if necessary, clean the same.
(3) Land acquired under this section shall be deemed to be a part of the public streetTand shallr
vest in the Corporation. Compulsory 364 (1) Where any building or any part'there- setting back of is within the regular line of a public street and in of building the opinion of the Commissioner it is necessaryr
to set to regular - - - - ---- - - - . . .. line of
street.
back the building or part thereof to the regular'line of the street he may by notice serve on the' owner in ac- cordance; with the provisions of this Act, require him to show cause within the period as may be specified in the notice as to why such building'or part'thereof along with the land which is within the regularr
line of the street should not be acquired by theJCommissioner on behalf of the Corporation.
(2) If such owner fails to show cause as required bylsub-seccion (1), the'Commissioner may proceed to acquire'' the property on behalf of the Corporation fo?
the purpose.
192
(3) Nothing in this section shall apply to building vesting in the Government.
ofo^n'land" 365. (1) If any land, whether open or enclosed, andPCnlandnOtvesting in the Corporation and not occupied by any occupied by building is within the regular line of a public street or platforms, jf a platform, verandah, step, compound wall, hedge or theV ^V rêncc or sorne
other structure external or a building lineregu
abutting on a public street or a portion of such platform, streets. verandah, step, compound wall, hedge, fence or other structure is within the regular line of such street, the Commissioner may, after giving to the owner of the land or building a notice of intention so to do, take possession on behalf of the Cor- poration of the said land with its enclosing wall, hedge, fence or other structure or of any portion thereof which is within the regular line of the public street after acquisition and, if necessary, clear the same and the land so acquired shall thereupon be deemed to be part of the public street and shall vest in the Corporation.
(2) Notwithstanding anything contained in this Act the Commissioner may proceed to acquire the said land on behalf of the Corporation.
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>
366. (1) Where a land or building is partly with- sioner is satisfied that the land remaining after the in- clusion of the portion within the said line will not be suitable or fit for any beneficial use, he may at the request of the owner, acquire such land in addition to the land within the said line and such surplus Acquisition -
er renaming jn the regular line of a public street and the Commis- *1... .... Qinrr tlifin -build 1 n g and land
after
inclusion of
the portion
within a re- , . . .
gular line of land shall be deemed to be a part of tne public
street have street and shall vest in the Corporation.
been acquir- (2) Such surplus land may thereafter be utilised
for the purpose of setting forward a building under
Section 367.
Setting for 367. The Commissioner may, upon such terms
ward of a 5 may be determined by the Corporation allow
the^re^ilaran
Y building to be set forward for the purpose line ofstreet. ° f improving the regular line of a public street and may, with the sanction of the Standing Com- mittee, by notice require any building to be so set for- ward in tire case of re-construction thereof or of a new construction.
E x p la n a t io n For the purpose of this section a wall separating any premises from a public street shall be deemed to be a building ; and it shall be deemed a sufficient compliance with permission or requisition to set forward a building to the regular line of a street if a wall of such material and dimensions as are approved by the Commissioner is erected along the said line.
193
tian to be" Compensation as assessed by the paid in cer- Gommssioner shall be paid by the Commissioner tain cases of with the approval of the Standing Committee to the setting back owner of any building or land acquired for a public forward111̂ street
under the provisions of Sections 363, 364 building.an<
̂ 365 for any loss which such owner may sustain in consequence of his building or land being so acquired and for any expense incurred by such owner in consequence of any order made by the Commis- sioner:
Provided that any increase or decrease in the value of the remainder of the property of which the building or land so acquired formed part, likely to accrue from the setting back to the regular line of the street shall be taken into consideration and allowed for in determining the amount of such compensation.
(21 If in consequence of any order to set forward a building made by the Commissioner, the owner of such building sustains any loss or damage, compensa- tion as assessed by the Commissioner shall be paid to him by the Commissioner with the approval of the Standing Committee for such loss or damage after taking into account any increase in value likely to accure from the setting forward.
(3) If the additional land which will be included in the premises of any person required or permitted under sub-section (21 to set forward a building belongs to the Corporation, the order or pei mission of the Commissioner to set forward the building shall be a sufficient conveyance to the said owner of the said land, and the price to be paid to the Corporation by the owner for such additional land and the other terms and conditions of the conveyance shal 1 be set forth in the order or permission.
P riv a te Streets * Owner's 369. If the owner of any land utilises, sells leases obligation out or otherwise disposes of such land for the insTwith*"constru
ction of buildings thereon, he shall lay down and land and make street or streets of such width as may be pres- building cribed giving access to the plots into which the sites. la n c ] may b e divided and connecting with an existing public or private street.
194
Lay-out 370. (1) Before utilising, selling or otherwise plans. dealing with any land under section 369, the owner thereof shall send to the Commissioner a written appli- cation with a lay-out plan of the land showing the fol- lowing particulars, namely—
(a") the plots into which the land is proposed to be divided for the erection of buildings thereon and the purpose or purposes for
which such buildings ate to be used;
(bi the reservation or allotment of any site for any street, open space, park, recrea-
tion ground, market or any other public * purpose ;
(c) the intended level, direction and width of street or streets ;
(d) the regular line of street or streets ; and (ei the arrangements to be made for levelling, paving, metalling, flagging, channelling sweering, draining, conserving and lighting street or streets.
(2) The provisions of this Act and the bye-laws made thereunder a to the width of the public streets and the height of building abutting thereon, shall apply in the case of streets referred to in sub-section (1) and all the particulars referred to in the sub-section shall be subject to the sanction of the Standing Committee.
(3) Within sixty days after the receipt of any application under sub-section (1) the Standing Com- mittee shall either accord sanction to the lay-out plan on such conditions as it may think fit or disallow it or ask for further information with respect to it.
(4) Such sanction shall be refused, if— g
(a) the particulars shown in the lay-out plan would conflict with any arrangements which have been made or which are in the opinion of the Standing Committee likely to be made for carrying out any general scheme of development of the city whether contained in the Master Plan or a Zonal Development Plan prepared for the city or n o t ; or
195
(b) the said la\-out plan does not conform to the provision of this Act and bye-laws made thereunder, or
(c) any street proposed in the plan is not designed so as to connect at one end with a
street which is already open.
(5) No person shall utilise, sell or otherwise deal with any land or lay-out or make any new street without or otherwise than in conformity with the orders of the Standing Committee and if further information is asked for, no step shall be taken to utilise, sell or otherwise deal with the land or to lay- out or make the street until orders have been passed upon receipt of such information:
Provided that the passing of such orders shall not be in any case delayed for more than sixty days after the Standing Committee has received the information which it considers necessary to enable it to deal with the said application.
(6) The lay-out plan referred to earlier in this section shall,. if so required by the Standing Com- mittee, be prepared by a licensed Town Planner at the cost of the beneficiary.
371. (1) If any person lays cut or makes any or^demo"street
referred to in section 370, without or otherwise tion of street than in conformity with the orders of the Standing made in Committee, the Commissioner may, whether or not the breach of offender be piosecuted under this Act, by notice section 370. r e q u ir e _
(a) the offender to show cause by a written statement signed by him and sent to the Commissioner on or befose such date as may be specified in the notice, why such street should not be altered to the * satisfaction of the Corporation and if such alteration be impracticable why such street should not be demolished, or * (b) the offender to appear before the Commissioner either personally or by a
duly authorised agent on such day and at such time and place as may be specified dn the notice and show cause as aforesaid.
(2) If any person on whom such notice is served fails to show cause to the satisfaction of the Commis- sioner why such street should not be so altered or demolished, the Commissioner may pass an order directing the alteration or demolition of such street with the approval of the Standing Committee.
196
Fewer of 372; (1) If any private street or part thereof is not ner'to'order leve
^e<
>̂ paved, metalled, flagged, channelled, sewered, work° tT be drained, conserved or lighted to the satisfaction of the cerried out Commissioner, he may by notice require the owner of or carry it such street or part and the owners of the lands and in11d e f a u l buildings fronting or abutting on such street or part to carry out any work which in his opinion may be necessary, and within such time as may be specified in uch notice.
(2) If such work is not carried outs within the time specified in the notice, the Commissioner may, if, he thinks fit, execute it and the expenses incurred shall be paid by the owner referred to in sub-section (1) in such proportion as may be determined by the Com- missioner and shall be recoverable from them as an arrear tax under this Act.
(3) If any street has been levelled, paved, metalled, flagged, channelled, sewered, drained, con- served and lighted under the provisions of sub-sections
(1) and (2), the Commissioner may, with the approval of the Standing Committee and on the requisi- tion of a majority of the owners referred to sub-section (1), shall declare such a street to be a public street and thereupon the street shall vest in the Corporation.
Precautions 373. (1) The Commissioner shall, so far as prac- dunng re- ticable during the construction or repair of any pub- pair ef street jjc strcet, or a n y municipal drain or any premises vested in the Corporation—
(a) cause the same to be fenced and guarded,
(b) take proper precautions against accident by shoeing up and protecting the adjoin- ing buildings, and
(c) cause such bars, chains or posts to be fixed across or in any Street in which any such work of construction or repair is under execution as are necessary in order to prevent the passage of vehicles or animals and avert danger.
(2) The Commissioner shall cause such street, drain or premises to be sufficiently lighted or guar- ded during night while under construction or repair.
(3) The Commissioner shall, with all reasonable speed, cause the said work to be completed, the ground to be filled in, the said street, drain or premises to be repaired and the rubbish occasioned thereby to be removed.
197
(4) No person shall, without the permission of the Commissioner or other lawful authority, remove any bar, chain, post or shoring, timber, or remove or extinguish any light set up under this section. Naming and
numbering
of streets.
374. (1) The Commissioner may—
(a) with the sanction of the Corporation determine the name or number by which any street or public place vested in the Corporation shall be known ;
(b) cause to be put up or painted at a conspicuous part of any building, wall or place, at or near each end, corner or entrance of such street or on some convenient parr of such street, the name or number by which it is to be known ;
(c) cause to be put up or painted on boards of suitable size the name of any public place vested in the Corporation ; and
(d) determine the number or sub-number by which any premises or part of such pre- mises shall be known and cause such number or sub-number to be fixed to the side or outer door of such premises or to some place at the entrance of the enclosure thereof.
(2) No person shall destroy, remove, deface or in any way injure or alter any such name or number or sub-number put up or painted by order of the Commissioner.
Measures for
lighting.
375. The Commissioner shall-
(a) take measures for lighting in a suitable manner all such public streets and public place as may be specified by the Standing Committee ;
198
(b) procure, erect and maintain such number of lamps, lamp posts and other appurtenances as may be necessary for the said purpose ; and
(cl cause such lamps to be lighted by means of oil, electricity or such other light as the Standing Committee may determine. Provision for 376. The Commissioner, on the application of lighting 1 o f the owners of a private street, may enter into ar- steet'Vatb ' rangements for the lighting of such street on such C orporation terms as may be agreed upon between him and on applica- such owners and shall thereafter in respect of such tion of street have all the powers conferred by section 375. owners.
<
Pr®hibition 377. (1) No person shall, without lawful autho- rs mo val, rity, take away or wilfully or negligently break Tamps?or
throw down or damage— (al any lamp or any appurtenance of any lamp or lamp post or lamp iron set up in any public street or any public place, (b") any electiric wire for lighting such lamn ; and
(cl any post, pole, standard, stay, strut, bracket or other contrivance for carrying', suspending or supporting any electric wire or lamp
(21 No person shall wilfully or negligently extinguish the light of anv lamu set uo in any public street or any public place.
(3) If any person wilfully or through negligence or accident breaks, or causes any damage to, any of the things described in sub-section (II, he shall in addition to any penalty to which he may be subjected under this Act, pay expenses of repairing the damage so done by him.
199
PART VII
GHAPTFB XXVII
Powers, Procedures, Offences and Per nlties
Licences and written permissions Signatures, 378. (1) Whenever it is provided in this Act or conditions^ any rule or bye-law made thereunder that a licence or duration, a written permission may be granted for any purpose, suspension, s u c h Hc e n ce or written permission shall be signed by etc^^of"'the
Commissioner or by the municipal employee licensesand empowered to grant the same under this Act or the written per- r u les or bye-laws made thereunder or by any autho- missions. r ised municipal employee and shall specify in addition to any other matter required to be specified under any other provision of this Act or any provision of any. bye-law made thereunder—
(a) the date of the grant thereof •
(b) the purpose and the period, for which it is granted ;
(cl restrictions or conditions, if any, subject to which it is granted ;
(dl the name and address of the person to whom it is granted ; and
(el the fee, if any, paid for the licence or written permission ; and
(f) any other conditions that may be imposed from time to time.
(21 Except as otherwise provided in this Act or any rule or bye-law made thereunder, for every such license or written permission a fee may be charged at such rate as may from time to time be fixed by the Cor- poration and such fee shall be " payable by the person to whom the licence or written permission is granted.
(3) Save as otherwise provided in this Act or any rule or bye-law made thereunder, any licence or written permission granted under this Act or any rule or bye-law made thereunder may at any time be suspended or revoked by the Commissioner or by the employee by whom it was granted, if he is satisfied that it has been secured by the grantee through mis-representation or fraud or if any of its restrictions or conditions has been infringed or evaded by the grantee, or if the grantee has been convicted for the
contravention of any of the provisions of this Act or any rule or bye-law made thereunder relating to any matter for which the licence or permission has been granted ;
200
Power of entry and inspection.
Provided that—■ (a'i before making any order of suspension or revocation reasonable opportunity shall be afforded to the grantee of the licence or the written permission, to show cause why it should not be suspended or revoked, and (bl every such order shall contain a brief statement of the reasons for the suspension or revocation of the licence or the written permission.
(41 When any such licence or written permission is suspended or revoked, or when the period for which the same was granted has expired, the grantee shall, for all purposes of this Act or any rule or bye-law made thereunder, be deemed to be without a licence or written permission until such time as the order suspending or revoking the licence or written permission is rescinded or until the licence or written permission is renewed.
(51 Every person to whom a licence or permission has been granted shall produce it at all reasonable hours for inspection, if so requited by the Commis- sioner or any employee authorised by him in this behalf.
Entry and Inspection
379. The Commissioner or any municipal employee authorised or empowered in this behalf bv or under any provision of this Act, may at all reasonable hours enter into or upon any land or building with or without assistants and workmen for the purpose of—
(a) ascertaining whether there is or has been on or in connection with the land or building any contravention of the provisions of the Act or any rule or bye-law made thereunder;
(b) ascertaining whether or not circum- stances exist which would autho- rise or require the Commissioner or any municipal employee authorised or empowerd in this behalf to take any action or execute any work under this Act or any rule or bye- law made thereunder ;
(c) taking any action or executing any work authorised or required by this Act or any rule or bye-law made there- under ;
201
(d) any inquiry, - inspection examination, measurement, valuation or survey authorised or required by or under this Act or necessary for the proper administration of this A ct; and
(e) efficient discharge of the functions generally by any of the municipal authorities under this Act or any rule or byc-law made thereunder. Power to 380.(1) The Commissioner or any person autho- oxter adjoin-r jgec] jn this behalf by him or empoweved in this behalf relation (•or Un(*cr an
Y provision of this Act, may enter on any w®rk. any land within fifty yards of any work authorised by or under this Act with or without assistants and workmen for the purpose of depositing thereon any soil, gravel, stone or other materials or for obtaining access to such work or for any other purposes c®n- n««ted with the execution of the same.
(2) The person so authorised shall, before entering on any such land, state the purpose thereof, and shall, if so required by the owner or oecupier there- of, fence off so much of the land as may be required for such purposes
(3) The person so authorised shall, in axarcising any power conferred, by this section, do as little damage as possible and compensation as assessed by the Commissioner shall be payable by the Corporation in accordance with rules and bye-laws made in this behalf to the owner or occupier of such land or to both for any such damage, whether permanent ®r temporary.
Breaking 381.(1) It shall be lawful for the Commissioner ,lt0 - or any person authorised or empowered in this behalf by or under any provision of this Act, to make any entry into any place, and to open or cause to be opened any door, gate or other barrier, if:—
(a) he considers the opening thereof necessary for the purpose of such entry ; and
(b) the owner or occupier is absent or being present refuses to open such door, gate or barrier.
(2) Before making any entry into any such place or opening or causing to be opened any such door, gate or Other barrier, the Commissioner or the person authorised or empowered in this behalf shall call upon two or more respectable inhabitants of the locality in which the place to be entered into is situated t® witness the entry or opening and may issue an
•rd®r i® writiag 1® tk®m or anv ®f them s® ta do. i
202
(3) A report shall be made to the Standing Com- mittee as soon as may be after any entry has betn made into any place or any door, gate or other barrier has been opened under this section.
Time of 382.(1) Save as otherwise provided in this Act or * akin®t ' n
'any ru
'e or
bye-law made thereunder, no land or buil- ' ding shall be entered without the consent of the occu- pier, or if there is no occupier, of the owner thereof and no such entry shall be made without giving the said owner or occupiers as the case may be not less than twenty-four hours written notice of the intention to make such entry:
Provided that no such notice shall be necessary if the place to be inspected is a factory or workshop or trade premises, godown or a place used for any of the purposes specified in section 373 or a stablb for horses or a shed for cattle or a latrine or urinal or a work under construction or for the purpose of ascertaining whether any animal intended for human food is slaughtered in that place in contravention of this Act or any rule or bye-law made thereunder.
4
k
(2) When any place used as a human dwelling is entered under this Act, due regard shall be paid to the social and religious customs and usages of the occupants of the place entered, and no apartment in the actual occupancy of a female shall be entered or broken open until she has been informed that she is at liberty to withdraw and every reasonable facility has been afforded to her for withdrawing.
tiot/of ob3- 333. No person shall obstruct, or molest any per- truetion or8on
authorised or empowered by or under this Act or moleitation any person with whom the Corporation or any of in execution the municipal authorities specified in section 4 has °wor' lawfully contracted, in the execution of his duty or of anything which he is authorised or empowered or required to do by virtue or in consequence of any of the provisions of this Act or any bye-law or rule made thereunder or in fulfilment of his contract, as the case may be.
Public Notices and Advertisements
Public No- 384. Every Public notice given under this Act ^°e or any rule or bye-law made thereunder shall be in kaawn. writing under the signature of the Commissioner or any municipal employee authorised in this behalf and
203
shall be widely made known in the locality to be affec- ted thereby, by affixing conies thereof in conspicuous public places within the said locality or by advertise- ment in local newspapers or by any two or more ol these means and by any other means that the appro- priate municipal authority may think fit.
N otice , e tc . Notice*, 385. Where any notice, bill, order or requisition
•te., to fix used or made under this Act or any rule, or
reasonable bye-law made thereunder requires anything to be t im
®' done for or the doing of which no time is fixed in this Act, rules or bye-laws, the notice, bill, order or lequisition shall specify a reasonable t'me for doing the
same. Signature 386. (1) Every licence, written permission,
an notices, notice, bill, schedule, summons or other docu-
ctc., may be m e n t required by this Act or by any rule or bye-law to
stamp* . bear the signature of the Commissioner or of any municipal employee shall be deemed to be properly signed if it bears a fascimile of the signature of the Commissioner or of such municipal employee, as the case may be, stamped thereon.
(2) Nothing in this section shall be deemed to apply to a cheque drawn upon the Municipal Fund under any of the provisions of this Act, or to any deed of contract.
Noti c es 387. All notices, bills, summonses and other
• t c., by documents required by this Act or any rule or bye-
whom to be ja w r o a de thereunder to be served upon or issued to,
hsu*d* ° r
any person, shall be served or issued by municipal employees authorised in this behalf.
Services of 388. (1) Every notice, bill, summons, order, requi-
noti««,«tc. gition or other document required or authorised by this Act or any rule or bye-law made thereunder to be served or issued by or on behalf of the Corporation, or by any of the municipal authorities specified in section 4 or any municipal employee on any person, save as otherwise provided in this Act or such rule or j bye-law, be deemed to be duly served—<.
(a) where the person to be served is a com- pany, if the document is addressed to the Managing Director or to the Secretary at the Company at its registered office or at its principal office or place of business and is cither—
(i) sent by registered post, or
(ii) delivered a t the registered office or at the principal office or place of business of the company ;
I 204
(b) where the person to be served is a partner- ship firm, if the document is addressed to the firm at its principal place of business, identifying it by the name or style under which its business is earrisd on, and is either—
(i) sent by registered pest, or
(ii) delivered at the said place of business ;
(c) where the person to be served is a public body, or a corporation, society or other body if the document is addressed to the Secretary, Treasurer, or other head officer of the body, aorporation or ssciety at its principal offiae, and is either—
sent by registered post ; or
(ii) delivered at that office ; and /d) in any other case, if the document is addressed to the parson to be served and—
(i) is given or tendered to him, ®r
(ii) if such person cannot be found, is affixed on some conspicuous part of his last known place of residence or business, if within the State, or is given or tendered to some adult member of his family or is affixed on some conspicuous part of th« land or building, if any, to which it relates, or (lit) is sen' by registered post to that person.
(2) Any document which is required or authorised be.served on the owner or occupier of any land or building may be addressed " the owner" or " the occu- pier'', as the case may be, of that land or building (naming that land or building) without further name or description, and shall be deemed to be duly served—
(a) if the document so addressed is sent or deli- vered in accordance with clause (d) of sub- section (1) ; or
209
205
(b) if the document so addressed or a copy there- of so addressed, is delivered to some person on the land or building or, where there is no person on the land or building to whom it ca» be delivered, is affixed to some wnspicu- ous part ®f ths land or building.
(S) Where a document is served a partnership firm in accordance with this section, the document shall be deemed to be served on each partner.
(4) For the purpose of enabling any document to be served on the owner of any premises the Commissioner may by notice in writing require the occupier of the premises t® state the name and address of the owner thereof
(5) Where the person on whom a do ument is to be served is a minor, the service upon his guardian or any adult member of his family shall be deemed to be service upon th® miner.
(6) Nothing in Sections 386 and 887 and in this section shall apply to any summons issued under this Act by a Court.
(7) A servant is not a member of the family within the meaning of this section,
Servisesef 389. Notwithstanding anything contained in or notiee^f Sections 387 and 388 a bill for any tax or a notice d«mand by of demand may be served by sending it by ordinary ord in«ry post with a pre-paid letter under a certificate of
P*st- posting addressed to the appropriate person specified in Section 388 at his last known place of residence or business and in proving the service of every bill or notice so sent it shall be sufficient to prove that the letter was properly addressed and posted under a certificate of posting.
powers ii 390. In the event of non-compliance with the
eaie »f non-t e f m . o f a n y notice, order or requisition issued wiAPnoticeto an
? person under this Act or any rule or ote. bye-law made thereunder, requiring such person to execute any work or to do any act it ' shall be lawful for the authority or officer at whose nstance the notice, order or requisition has been issued, whether or not the person in default is liable to punishment for such default or has been prosecuted or sentenced to any punishment therefor, after giving notice in writing to such person, to take such action or such steps as may * be neces- sary for the completion of the act or the work required to be done or executed by such person and all the expenses incurred on such account
206
shall be payable to the Commissioner on demand and if not paid within fourteen days after such demand, shall be recoverable as an arrear of tax under this Act.
RECOVERY OF EXPENSES
Liability of. 391. (1) If any notice, order or requisition has payUIinde-t0
been issued to any person in respect of property fault of of which he is the owner, the authority or muni- owner. cipal employee at whose instance such notice, order or requisition has been issued, may require the occupier of such property or of any part thereof to pay to him, instead of to the owner, any rent payable by him in respect of such property, as it falls due up to the amount recoverable from the owner under section 390 :
4
Provided that if the occupier refuses to dis- close the correct amount of the rent payable by him or the name or address of the person to whom it is payable, the authority or municipal employee may recover from the occupier the whole amount recoverable under Section 390 as an arrear of tax under this Act. ... .
(2) Any amount recovered from an occupier instead of from an owner under sub- section (1) shall, in the absence of any contract between the owner and the oecupier to the contrary, be deemed to have been paid to the owner. Execution of 392. Whenever the owner of any land or occupier °in building fails to execute any work which he is required default of to execute under this Act or any rule or bye-law owner and made thereunder the occupier, if any, of such deduction of nv building may, with the approval of the fronT'rent. C omm
' ,s
*oner
'execute the said work and
he shall ™ " subject to any contract between the owner and occupier to the contrary, be entitled to recover fr 0 m the owner the reasonable expenses incurred by him in the execution of the work and may deduct the amount thereof from the rent payable by him to the owner.
and 393- Where any person, by reason of his trustees. receiving rent of immovable property as a receiver, agent or trustee or of his being a receiver, agent or trustee of the person who would have received the rent i f the property were let to a tenant, would under this Act or any rule or bye-law made thereunder, ha bound to discharge any obligation imposed on the
207
owner of the property for the discharge of which money is required, he shall not be bound to discharge the obligation unless he has, or but for his own improper act or default might have had, funds in his hands belonging to the owner sufficient for the purpose.
(2) The burden of proving any fact entitling a receiver, agent or trustee to relief under sub-section
(1) shall lie upon him.
(3) Where any receiver, agent or trustee has claimed and established his right to relief under this section, the Commissioner may, by notice in writing, require him to apply to the discharge of"
his obligation as aforesaid the first moneys which may come to his hands on behalf, or for the use of the owner and on faiiute to comply with the notice he shall be deemed to be personally liable to discharge the obligation.
P aym ent o f Com pensation
G e n e r a l power to
pay com - pensation.
"94. In any case not otherwise expressly pro- vided for in this Act or in any rule or bye-law made thereunder, the Commissioner, with the previous approval of the Standing Committee, may pay compensation to any person who sustains damage by reason of the exercise of any of >he powers vested by this Act or any rule or bye-law in the Commissioner or in any municipal employee. C om pen-
sation to be
paid by
■>tfend«rs for
d a m a g e
caused by
them .
395. (1) Any person who has been convicted of an offtnce against this Act or any rule or bye-law made thereunder shall, notwithstanding any punishment to which he may have been sentenced for the said offence be liable to pay such com- pensation for any damage to the property of the Corporation resulting from the said offence as the Commissioner may consider reasonable.
(2) In the event of a dispute regarding the amount of compensation payable under sub-section
(J) such amount shall, on application made to him, be determined by the Magistrate before whom the said person was convicted of the said offence; and on non-payment of the amount of compensation so determined the same shall be recovered under a warrant from the said Magistrate as if it were a fine imposed by him on the person liable therefor.
208
Recovery of expenses or compensation in case o f dispute.
Reference
t» the court of the Dis-
trict J»«
i» f oertain
CMC.
when the Commissioner demands any expenses referred to in section 396.(1) If,
payment of
390, his right to demand the samt or the amount of the demand is disputee within fourteen days after such demand, the Commissioner shall refer the case far determination to the Court of District Judge. Application
to the court
of District
Judge in
other cases.
(2) The Commissioner, shall, pending the decision of any such reference, defer further proceedings for the recovery of the sum claimed by him and shall, after the decision, proceed to recover only such amount, if any, as is thereby declared to be due in manner referred to in section 890. 397.(1) Where, in any oase not provided for by section 895, the Corporation - or any municipal employee is required by this Act or any rule or bye- law made thereunder to pay any expanses cr any compensation the amount to be so paid and if necessary, the apportionment of the same, shall, in cate of dispute be determined by the court of District Judge o» application having been made to it for this purpose at any time within three months from the date when such expenses or compensation first become claimable.
4
t
Power to sue for ex- penses • r compensa- tion.
(2) If the aneuHt of aay expenses or compen- sation ascertained in accordance with sub-section (1) is not paid by the person liable therefore on demand it shall be recoverable as if the same were due under a decree passed by the Court of the District Judge in an sriginal suit fried by it.
398 Instead ®f proceeding in the manner aforesaid for the recovery cf any expenses or compen- sation of which the amount due has been ascertained as hereinbefore provided, or after such proceedings have been taken unsuccessfully or with only partial suceess, the sum due or the balance of the sum due, as the case may be, may be recovered by a suit, brought against the person liable for the same in any court of competent jurisdiction.
Recovery o f certain dwoo
w 399. In any case not expressly provided for in this Act or any rule or bye-law made thereunder aay due to the Corporation on account of any , cods, exnenses, fees, rates of rent or e\i any
• uwr account under this Act or any such rule or bye law may be iccoverable from any person from whom sueh sum is due as an arroar of fax under this Act.
of Mode
recovery
cert i* d csu
tuna n u u r u in u v u v** ------- - - — , charge, st , o , , t t e o\i
other i
i-
209
Obstruction of owner by occupier
Right of 400.(1) The owner of any land or building may, ™ the Preven
ted by the occupier thereof from com- court of'Dis-ply'n
a with any provision of this Act or any rule or trict Judge bye-law made thereunder or with any rotice, order in case. of of requisition issued under such provision apply to b occ^'i11court of the District Judge, and where such y occupier. a pp]jc a t ;o n ;s m a j e w ithin any time tl at may be fixed for the compliance with such p ovisions or notice, order of requisition, the owner hall not be liable for his failure to comply with the provision or * notice, order of requisition within the time as fixed.
(2) The Court, on receipt of such application
. may make a written order requiring the occupier of the * land or building to afford all reasonable facilities to the owner for complying with the said provision or notice, order of requisition and may also, if it thinks fit, direct that the costs of such application and order be paid by the occupier.
(3) After eight days from the date of the order referred to in sub-section (2), the occupier shall afford all such reasonable facilities to the owner for the purpose aforesaid as may be specified in the order ; and in the event of his continued refusal to do so, the owner shall be discharged during the continuance of such refusal from any liability which may have been otherwise incurred by reason of his failure to comply with said provision or notice, order of requisition.
PROCEEDINGS BEFORE THE COURT OF
THE DISTRICT JUDGE
General 401, The procedure provided in the Code of Civil «- procedunTof ̂
>r0Ce< ^ure
' ^ 0 8 , in regard to suits shall be followed , the Court ofas âr as
itcan
be made applicable, in the disposal of the District applications, appeals or references that may be Judge. made to the Court of the District Judge under this Act or any rule or bye-law made thereunder.
Fees in 402.(1) The Government may, by notification in before *tf»tîe
Official Gazette, prescribe what fees shall be Court of the paid
D i s t r i c t
Judge.
210
(a) on any application, appeal or reference
under this Act or any rule or bye-law made thereunder to the Court of the District Judge ; and
(b) for the issue, in connection with any inquiry or proceedings before that court under this Act or such rule or bye-law of any summons or other process;
Provided that the fee, if any, prescribed under clause (a) shall not, in cases in which the value of the claim or subject matter is capable of being estimated in money, exceed the fees leviable for the time being under the provisions of the Court-Fees Act, 1870, in case in which the amount of the claim or subject matter is of like amount.
(2) The Government may, by like notification, determine the person by whom the fee, if any, prescrib- ed under clause (a) of sub-section (i) shall be payable.
(3) No application, appeal or reference shall be received by the Court of the District Judge until the fee, if any, prescribed therefor under clause (a) of sub-section (1) has been paid;
Provided that the court may in any case in which it thinks fit so to do:—
(i) receive an application, appeal or reference made by or on behalf of a poor person ; and
(ii) issue process on behalf of any such person, without payment or on part payment of the fees prescribed under this section. Repayment 403. Whenever any application, appeal or refer- of half fee rncemade under this Act or any rule or bye-law made on settle- thereunder to the Court of the District Judge is settled fore11hear-b
Y agreement between the parties before the hearing, ing. " half the amount of all fees paid up to that time shall be repaid by the court to the parties by whom the same have respectively been paid.
Punishment 4U- Whoever—
for certain
•ffences. (a ) contravenes any provision of any of the
sections, sub-sections, clauses, provisions or
other provisions of this Act, or
(b) fails to comply with any order or direction lawfully given to him of any requisition lawfully
211
made upon him under any of the said sections, sub-sections, clauses, provision cr other provisions shall be punishable-—
(i) with fine which may extend to the amount or with imprisonment for a term which may extend to the period, to be specified in that behalf ; and
(ii) t sin the case of a continuing contravention or failure, with an additional fine which may extend to the amount specified in the third column of that table for every day during which such contravention or failure continues after conviction for the first such contravention or failure,
405. W h o e v e r , in any case in whicl \ PWhy- penalty is not expressly provided by this Act, fails to comply with any notice, order or requisition issued under any provision thereof, or otherwise contravenes any of the provisions of this Act, shall be punishable with fine which may extend to one hundred rupees, and in the case of continuing failure or contravention, with an additional fine which may extend to twenty rupees for every day during which he has persisted in the failure or contravention.
406. (1) Where an offence under this Act, fcy has been committed by a company, every person who, Afe*. at the time of 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 accordingly:
Provided that nothing contained in this sub- section shall render any such person liable to any punishment provided in this Act if he proves that the offence was committed without his knowledge or
that he exercised all due diligence to prevent commis-
sion of such offence.
(2) Notwithstanding anything contained in sub* section (1) where an offence under this Act has
been committed by a company and it is proved that the offence has been committed with the consent
or connivance of, or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also
be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
212
E xplanation :—For the purposes of this section—
(a) " Company" means a body corporate, and ir eludes a firm or other association of ir dividuals ; and
(b) lirector" in relation to a firm means and ir eludes a partner in the firm. Prosecutions. 407. Sav as otherwise provided in this Act, no court shal proceed with the trial of any offence made punishable by or under this Act except on the complaint of, or upon information received from, the Commis- sioner or a person authorised by him by a general or special order in this behalf.
Compounding 408. (1) The Commissioner or any person authori- of offences. sec] foy j1;m by ge n e r a i o r special order in this behalf may, either before or after the institution of the pro- ceedings, compound any offence made punishable by or under this Act.
(2) Where an offence has been compounded, the offender, if in custody, shall be discharged and no fur- ther proceedings shall be taken against him in respect of the offence so compounded.
Duties of 409. It shall be the duty of every police officer- police officer.
(a) to communicate without delay to the proper municipal officer any information which he receives of the design to commit or of the commission of any offence under this Act or any rule, bye-law or regulation made under i t ; and
(b) to assist the Commissioner or any municipal officer or staff or any person to whom the Commis- sioner has lawfully delegated powers, reasonably de- mands his aid for the lawful exercise of any power vesting in the Commissioner or in such munici- pal officer or staff or person under this Act or any such rule, bye-law Or regulation, and for all such purpose he shall have the same powers which he has in the exercise of his ordinary police duties. Power of 4io. i f a ny police officer sees any person police officer c o m m itting an offence against any of the provisions of person. Act or of any rule, bye-law or regulation made under it, he shall, if the name and address of such person are u known to him and if the said person
on demand d eclines to give his name and address or gives a name and address which such officer has
reason to bel ;ve to be false, arrest such person.
(2) No person arrested under sub-section (1) shall be detained in custody—•
(a) after his true name and address are ascer- tained, or
(b) without the order of a magistrate for any time, not exceeding twenty-four hours from the hour of arrest, than is necessary for bringing him before a magistrate. *
213
Exercise of 411. The Government may empower any Police5offif mun
*c
'Pa
̂ officer or staff or any class of municipal cerby muni'- officers or staff to exercise the powers of a police cipal emp- officer for the purpose of this Act. loyeei.
P 0 w c r to
institute,
withdraw,
etc., legal
proceedings
and obtain
legal advice.
412. The Commissioner may—
(a) take, or withdraw from, proceedings against any person who is charged with,—
(i) any offence against this Act or any rule or bye-law made thereunder, or
(ii) any offence which affects or is likely to affect any property or interest of the Corporation or the due administration of this Act, or
(iii) committing any nuisance whatsoever;
(b) contest or compromise any appeal against rateable value or assessment of any tax ox rate ;
(c) take, or withdraw from or compromise proceedings under sections 395, 396 and 397 for the recovery of expenses or compensation claimed to be due to the Corporation ;
(d) withdraw or compromise any claim for a sum not exceeding five hundred rupees against any person ;
(e) defend any suit or other legal proceedings brought against the Corporation or against the Commissioner or a municipal employee in respect of anything done or committed to be done by any one of them in the official capacity ;
(f) with the approval of the Standing Commit- tee, admit or compromise any claim, suit, or other legal proceedings brought against the Corporation or against the Commissioner o r any municipal employee in respect of any- thing done or committed to be done as aforesaid ;
(g) withdraw or compromise any claim against any person in respect of a penalty payable under a contract entered into with such person by the Commissioner on behalf of the Corporation ; *
214
(h) institute-and prosecure any suit or other legal proceedings, or with the approval of the Standing Committee withdraw from or com- promise any suit or any claim for any sum not exceeding five hundred rupees which has been instituted or made in the name of the Corporation or of the Commissioner ; and
(i) obtain such legal advice and assistance as he from time to time thinks necessary or expe- dient to obtain or as he may be required by the Corporation or the Standing Committee to obtain, for any of the purposes mentioned in the foregoing clauses or for securing lawful
• exercise or discharge of' any power or duty vesting in or imposed upon any municipal authority or any municipal employee. Protection 413. No suit or prosecution shall be entertained to action of jn a n y C 0Urt ■ against the Corporation or against any ratio/°ete°" municipal authority or against any municipal employee or against any person acting under the order or
direction of any municipal authority or any municipal employee for anything which is in good faith done or purported or intended to be done, under this
Act or any rule or bye-law made thereunder.
Notice t*be 414. (I) No suit shall be instituted against the given efsuits.Corporation or against any municipal authority or against any municipal employee or against
any person acting under the order or direction of any municipal authority or any municipal employee in respect of any act done, or purporting to have been done, in pursuance of this Act or any rule, or bye-law made thereunder, until the expiration of two months after notice in writing has been left at the municipal office and in the case of such employee or person, unless notice in writing has also been
delivered to him or left at his office or place of residence and unless such notice states explicitly the cause of action, the nature of the relief sought, the amount of compensation claimed, and the name and place of residence of the intending plaintiff and unless the plaint contains a statement that such notice has been so left or delivered.
(2) No suit, such as is described in sub-section (1), shall, unless it is a suit for the recovery of immovable property or for a declaration of title thereto, be instituted after the expiry of six months from the date on which the cause of action arises.
(3) Nothing in sub-section (1) shall be deemed to apply to a suit in which the only relief claimed is an injunction of which the object would be defeated by the giving of the notice or the postponement of the institution of the suit.
Fl«visi»M Kyadawa.
215
CHAPTER X X V III
R ules, R egulations and Eye-laws
415. ( lj Any regulation which may be made by the Corporation under this Act, may also be made by the State Government within one year of the estab- lishment of the Corporation : and any regulation so made may be altered or rescinded by the Corporation in the exercise of its powers under this Act.
(2) No regulation made by the Corporation under this Act shall have effect until it has been approved by the State Government and published in the Official Gazette.
416. (1) Subject to the provisions of this Act the Corporation may, in addition to any bye-laws which it is empowered to make by any other provision of this Act, make bye-laws to provide for all or any of the following matters, namely—
A. Bye-laws re la tin g to tax a tio n
(1) The maintenance of tax books and registers by the Commissioner and the particulars which such books and registers should contain ;
(2) the inspection of and the obtaining of copies and extracts from such books and registers, and fees, if any, to be charged for th. same ;
(3) the publication of rates ci taxes as determined by the Corporation from time to time ; (41 the requisition by the Commissioner of infor- mation and returns from persons liable to pay taxes ;
(5) the notice to be given to the Commissioner by any person who becomes the owner or possessor of a vehicle or animal in respect of which any tax is pay- able under this Act ;
(6) the wearing of badge by the driver of any such vehicle and the display of number plate on such vehicle ;
(7) the submission of returns by person liable to pay any tax under this Act ;
(8) the collection by the Registrar or Sub-Registrar of Gauhati appointed under the Indian Registration Act, 1908, of the additional stamp duty payable to the Corporation under this Act, the periodical payment of such duty to the Corporation and the maintenance by such Registrar or Sub-Registrar of separate accounts ;
n relation thereto ; and
(9) any other matter relating to the levy, assess- ment, collection, refund or remission of taxes under this Act.
220
216
B. Bye-laws re la ting to w a te r supp ly , d rainage an d sewage d isposal
(1) The power of the Commissioner to close water- works for the supply of water, whether for domestic purposes or not, or for gratuitous use and to prohibit the sale and use of water tor the purpose of business ;
(2) the connection of supply pipes for conveying to any premises supply of water from a municipal water- works ;
(3) the making and renewing of connections with municipal water-works ;
(4) the power of the Commissioner to take charge of private connections ; *
(5) the power of the Commissioner to alter the position of connections;
(6) the equitable distribution of water supplied to4 occupiers ;
(7) the size, material, quality, description and position of the pipes and fittings to be used for the purpose of any connection or any communication from any municipal water-works and the stamping of pipes and fittings and fees for such stamping ;
(8) the size, material, quality and description of pipes, cisterns and fittings which are found on an examination under the provisions of this Act to be so defective that they cannot be effectively repaired ;
(9) the provision and maintenance of meters when water is supplied by measurement ;
(10) the prohibition of fraudulent and unauthorised use of water and the prohibition of fraud in connec- tion with meters ;
(11) the maintenance of pipes, cisterns and other water-works;
(12) the regulation or prohibition of the discharge or deposit of offensive or obstructive matters; polluted water or other polluted and obnoxious matters into sewers;
(13) the regulation in any manner not specifically provided for in this Act for the construction, altera- tion, maintenance, preservation, cleaning and repairs t of drains, ventilations, shafts, pipes, latrine, urinals, cesspools and other drainage works ;
(14) the cleansing of drains •
(15) the prohibition of erection of buildings over drains without the permission of the Commissioner;
(16) the connection of private drains with muni- cipal drains ;
(17) the location and construction of cesspools;
(18) the covering and ventilation of cesspools ;
(19) the period or periods of the day during which trade effluent may be discharged from any trade pre- mises into municipal drains;
217
• *
(20) the exclusion from trade effluent of all con- densing water ;
(21) the elimination from trade effluen'j before it enters a municipal drain, of any constituent which in the opinion of the Corporation would, either alone or in combination with any matter with which it is likely to come into contact while passing through municipal drains, injure or obstruct those drains or make specially difficult or expensive the treatment or disposal of the sewage from those drains ;
(22) the maximum quantity of trade effluent which may, without any consent or permission to discharge from any trade premises into municipal drains on any one day and the highest rate a t which trade effluent may, without such consent or permis- sion, be discharged from any trade premises into municipal drains ;
(23) the regulation of the temperature of trade effluent at the time of its discharge into municipal drains and the securing of the neutrality of trade effluent (that is to say, it is neither acid nor alkaline) at the time of such discharge ;
(24) the charges to be paid to "the Corporation by occupiers of trade premises for the reception of trade effluent into municipal drains and disposal thereof ;
(25) the provision and maintenance of such an inspection chamber or manhole as will enable a person readily to take at any time samples of what is passing into municipal drains from trade premises ; and
(26) the provision and maintenance of such meters as may be required to measure the volume of any trade effluent being discharged from any trade premises into municipal drains, and the testing of such meters.
C. Bye-laws re la tin g to streets
(1) the closure of streets when any work is in progress and alternative passage during the progress of such work ;
(2) the erections of a temporary nature during festivals ;
(3) the setting up of boards on buildings adjacent to streets during their construction or repair ;
(4) the precautions to be taken when permis- sion is granted to any private individual fest opening or breaking up any public street and the fees to be paid for the restoration of a street in its ©ri« ginal condition;
218
(5) the permission, regulation or prohibition of use or occupation of any street or place by itinerant vendors or hawkers dr by any person for the sale of articles or the exercise of any calling or the setting up of any booth or stall and the fees chargeable for such occupations; and
(6) any other matter in connection with the construction, repair, maintenance, naming, number- ing and lighting of streets for which provision is necessary or should be made.
D. Bye-laws relating to buildings
(1) the regulation or restriction of the use of sites for buildings for different areas ;
(2) the regulation or restriction of buildings in different areas ;
(3) the form of notice of erection of any build- ing or execution of any work and the fee in res- pect of the same ;
(4) the plans and documents to be submitted together with such notice and the information and further information to be furnished ;
(5) the level and width or foundation, level of lowest floor and stability of structure ;
(6) the construction of building and the mate- rials to be used in the construction of buildings ;
(7) the height of buildings whether obsolute or relative to the width of streets of different areas;
(8) the number and height of storeys composing a building and the height of rooms and the dimen- sions of rooms intended for human habitation ;
(9) the provision of open spaces, external and
internal, and adequate means of light and ventilation ;
(10) the provision of means of egress in case of
fire, fire-escapes and water lifting devices 5
(11) the provision of secondary means of access far the removal of house refuse;
(12) the material and methods of construction
• f partition walls, roofs and floors ;
(IS) the position, materials and methods o f cons- truction of hearths, smoke-escapes, chimneys, stair- casts, latrines, drains and cesspools ;
219
(14) the provision of lifts j
(15) the paving of yards)j
(16) the restriction on the use of inflammable materials in buildings j
(17) the restriction on construction of foundation on certain sites ;
(18) the measures to be taken to protect buildings for damp arising from sub-soil ;
(19) the wells, tanks and cisterns and pumps for the supply of water for human consumption in connec- » . tion with buildings ;
. (20) in the case of wells, the dimension of the well, the manner of enclosing it and if the well is * intended for drinking purposes the means which shall
be used to prevent pollution of the water j
(21) the supervision of buildings;
(22) the setting back of garages and shops from the regular line of a street; and
(23) the construction of portable structures and
permission for such construction.
E. Bye-laws relating to sanitation er public health
(1) the position of latrines and urinals ;
(2) the provision of air spaces between latrines and buildings or places used for various purposes ;
(3) the white-washing of buildings ;
(4) the provision of living accommodation for sweepers in buildings newly erected requiring ten or more latrines j
(5) the regulation or prohibition of the stabling
or herding of animals or any class of animals so as to
prevent danger to public health j
(6) the seizure of ownerless animals straying within the limits of the city of Gauhatf and the regulation and control of pounds j
(7) the fixing and regulation of the use of publie bathing and washing places |
(6) the prevention of the spread of dangerous
diseases;
220
(9) the segregation in or the removal or exclusion from any part of the city or the destruction of animals suffering or reasonably suspected to be suffering from any infectious or contagious disease ;
(10) the supervision, regulation, conservation and protection from injury, contamination or tres- pass, of sources and means of public water supply and of appliance for the distribution of water ;
(11) the enforcement of compulsory vaccination and inoculation ; and
(12) the proper disposal of corpses, the regulation and management of burning and burial places and other places for the disposal of corpses and fees chargeable for the use of such places . where the same are provided or maintained at the expense of the Municipal Fund.
F. Bye-laws re la tin g to v ita l S ta tistics
(J) the prescribing of qualifications of persons to be appointed as Registrars and Sub-Registrars under
Chapter XXV ; and
(2) the registration of births, deaths and m ar- riages and the taking of a census. G. Bye-laws re la tin g to p u b lic safety and suppression o f nuisances
The regulation or prohibition for the purpose of sanitation or the prevention of disease or the pro- motion of public safety or convenience, of any act which occasions or is likely to occasion a nuisance and for public safety or convenience, or for the regulation or prohibition of which no provision is made elsewhere in this Act.
H. Bye-laws re la tin g to m ark e ts , s lau g h te r- houses, tra d e s and occupations a
(.1) the days on, and the hours during which any market or slaughter-house may be kept open for use;
(2) the regulation of the design, ventilation and drainage of markets and slaughter-houses and the materials to be used in the construction thereof;
(3) the keeping of markets and slaughter-houses and the lands and buildings appertaining thereto in a clean and sanitary condition, the removal of filth, rubbish and other polluted and obnoxious matters therefrom and the supply therein of pure water and of a sufficient number of latrines and urinals for the use of persons using or frequenting
the same;
221
(4) the manner in which animals shall be admitted in slaughter-house ;
(5) the manner in which animals may be slaughtered ;
(6) the provision of passages of sufficient width between the stalls in market buildings and market places for the convenient use of the public and the prevention of encroachment on such passages ;
(7) the setting apart of separate areas for diffe- rent classes of articles in market buildings and market places;
(8) the disposal or destruction of animals offered for slaughter which are, from disease or any other cause, unfit for human consumption ;
(9) the destruction of carcasses which from any disease or any other cause are found after slaughter to be unfit for human consumption;
(10) the regulation of the entry of animals into slaughter-house and the bringing out of the carcasses of such animals after slaughter and the fee to be paid for use of slaughter-houses;
(11) the proper custody and care of animals for the keeping of which licences are granted ;
(12) the regulation of the import of animals and flesh wihin the city ;
(13) the rendering of necessary licences for use of premises within the city of Gauhati as stables or cow- houses or as an accommodation for sheep, goat or buffalo, and the fees payable for such licences and the conditions subject to which such licences may be granted, refused, suspended or revoked ; t
(14) the regulation of sarais, hotels, dak bunga- lows, lodging houses, boarding houses, buildings, let-in tenements, residential clubs, restaurants, eating houses, cafes, refreshment rooms and places of public recreation, entertainment or resort ;
(15) the control and supervision of places where dangerous or offensive trades are carried on so as to secure cleanliness therein or to minimise injuri- ous, offensive or dangerous effects arising or likely to arise therefrom;
(16) the regulation of the pasting of bills and advertisements and of the position, size, shade or style of the name boards, sign-boards and sign-posts;
(17) the fixation of a method for the sale of arti- cle whether by measure, weight, piece or any other m ethod;
(18) the procedure regarding the grant of permit to establish a factory, workshop or trade premises j
222
(19) the regulation of smoke in factories, work- shops and trade premises;
(20) the regulation of sanitary conditions in facto- ries, workshops, and trade premises;
(21) the regulation of the use in any factory, workshop or trade premises of whistle, trumpet, siren or horn worked by steam, compressed air, electricity or other mechanical means; and
(22) the prevention of nuisance in any market building, market place, slaughter-house or any factory workshop or trade premises.
I. Bye-laws relating to development
(1) the form and content of a development scheme or a rehousing scheme ;
(2) the procedure to be followed in connection with the framing, submission, approval and sanction of such schemes;
(3) the local inquiries and other hearings that may be held before a scheme is framed, approved or sanctioned ; and
(4) the alteration of a development scheme after approval and sanction.
J. Bye-laws relating to m iscellaneous m atters
(1) the prevention and extinction of fire ;
(2) the circumstances and the manner in which owners of land or building in the city temporarily absent therefrom or not resident therein may be required to appoint as their agents, for all or any of the purposes of this Act or of any bye-laws
made thereunder, persons residing within or near the city;
(3) the maintenance of schools and the further- ance of education generally;
(4) the regulation and control of municipal hos- pitals and dispensaries;
(5) the rendering of necessary licences—
(a) for the proprietors or drivers of hackney, carriages, cycle-rickshaws and thelas kept or plying for hire or used for hawking articles ; and
(b) for persons working as job-porters for the conveyance of goods;
(6) any other matter which is to be or may be prescribed by bye-laws made under this Act or in respect of which this Act makes no provision or
makes insufficient provision and provision is, in
223
rhe opinion of the Corporation, necessary for the efficient municipal government of the city.
(2) Any bye-law which may be made under sub-section (1) may be made by the State Government within one year of the establishment of the Corpora- tion, and any bye-law so made may be altered or rescinded by the Corporation in the exercise of its powers under sub-section (1).
(3) No bye-law made by the Corporation under this Act shall have effect until it has been approved by the State Government and published in the Official Gazette.
417 (1) In making a bye-law under this Act
•f bye-lawtbe
Corporation may provide that a contravention there of shall be punishable-
(a) with fine which may extend to five hundred rupees, or
(b) with fine which may extend to five hundred rupees and in the case of a continuing con- travention, with an additional fine which may extend to twenty rupees for every day during which such contravention continue after conviction for the first such contra vention, or
(c) with fine which may extend to twenty rupees for every day during which the con- travention continues after the receipt of a notice, from the Commissioner or any municipal employee, contravening the bye- law requiring such person to discontinue such contravention.
(2) Any such bye-law may also provide that a person ^contravening the same shall be required to remedy so far as lies in his power, the mischief, if any eaused by such contravention.
Supplemen- tary provi- l i » s i ragarduig bys-lawi.
418 The power to make bye-laws under this Act is subject to the conditions of the bye-laws being made after previous publication.
Bye-law to 41$ (1) A oopy of all bye-laws made under this A c t Bha11 b c
kcP 1 a t t h e
municipal office and shall tien a*d during office hours, be open free of charge to inspection purtkaw. by any inhabitant of the city.
(2) Copies of all such bye-laws shall be kept at the municipal office andsball be available for sale to the public.
224
PART VIII
CHAPTER XXIX
Supervision and guidance
S e v e r »- 420. The Government may at any time require *® t'» P0' the Corporation (a) to produce any records corres- Fm record. pondence, plan or other documents in its possession etc. ' or under its control ; (b) to furnish any return, plan, estimate statement, accounts or statistics relating to the proceedings, duties or works of the Gorportion or any of the municipal authorities; and (cl to furnish or obtain and furnish any report.
G o v e rn - 421. The Government may depute any Govern- ment'. po- m e n t employee to inspect or examine any municipal inspections" department, office service work or thing and to to be mode, report thereon and any employee so deputed may, for the purposes of such inspection or examination, exercise all the powers conferred by section 420.
422.(1) If whether on receipt of any informationGovern- . ment's po- 0J, r e pO r{ obtained under section 420 or section 421 quhe perfor-or
otherwise the Government is of opinion— o f
i n
of
mance
duties
default
any munici-
pal autho-
rity.
(a) that any duty imposed on the Corporation or any municipal authority by or under this Act has not been performed or has been performed in an imperfect, inefficient or unsuitable manner, or
(b) that adequate financial provision has not been made for the performance of any such duty, it may by an order direct the Corporation or the municipal authority concerned, within a period to be specified in such order, to make arrangements to its satisfaction for the proper performance of the duty, or as the case may be to make financial provision to its satisfaction for the proper performation
and 1' ~
1 of the duty,
the Corporation or the municipal authority concerned shall comply with such order:
Provided that, unless in the opinion of the Government the immediate execution of such order is necessary, it shall before making an order under this section give the Corporation or the municipal authority concerned an opportunity of showing cause why such order should not be made.
(8) If, within the period specified in any order
issued under sub-section (1), any action directed under that sub-section has not been duly taken, the Government may make arrangements for the taking of such action and may direct that all expenses connected therewith shall be defrayed out of the Municipal Fund.
Ci® ver a- 423. The Government may, after considera- wê t® annul t
*on any
representation which may be made by illegal pro- Corporation, by Written order, annul or omit from
ceedings of the records any proceedings of the Corporation which
Corporation, it considers not to be in conformity with this Act, or
any rules or bye-laws made thereunder and may do all things necessary t® secure such conformity. G o v e rn - 424. If the Government is of opinion that ™Cnt
'to r°s"t
*lc cxecul
*on
°fan
? resolution or order of the pend action" Corporation or of any other municipal authority or employee subordinate thereto or the doing of any act which is about to be done or is being done by or on behalf of the Corporation is in contravention of or in exercise of the powers conferred by this Act or of any other law for the time being in force or is likely to lead to a breach of the peace or to cause injury or annoyance to the public or to any class or body of persons, the Government, may, by order in writing, suspend the execution of such resolution or order, or prohibit the doing of any such a c t :
Provided that, unless in the opinion of the
Government the immediate making of such order is necessary, it shall, before making an order under
this section, give the Corporation or the municipal authority concerned an opportunity of showing cause why such an order should not be made. G o v e rn - 425.(1) If, at any time, the Government is satisfied ment s po- t }l a t a Corporation is not competent to perform,
wd«t0SUpCl "or persistently makes default in the performance of the duties imposed on it by or under this Act
or any other law, or exceeds or abuses its powers,
the Government may, by notification in which the
reasons for so doing shall be stated, declare the
Corporation to be superseded for a period not
exceeding one year:
Provided that before such an order is made,
reasonable opportunity to show cause shall be given to the Corporation.
(2) When a Corporation is so superseded, the
following consequences shall ensure, namely—
(a) all councillors shall from the date of the notification vacate their offices as stich
without prejudice to their eligibility for re-cl«»ti»» :
230
, (b) such person or persons as the Government may appoint in that behalf, shall, so long as the supersession of the Corpora- tion lasts, exercise and perforin, so far as may be, the powers and duties of the Corporation and shall- be deemed to be the Corporation for the purpose, and such person or persons shall comply with such direction as may be given to him or them by the Government, from time to time, for carrying out the purpose of this Act;
(c) all property vested in the Corporation shall until it is reconstituted, vest in the Govern- ment ; and,
(d) before the expiry of the period of supersession election shall be held for the purpose of reconstituting the Corporation.
(3) The person or persons appointed by the Government under clause (b) of sub-section (2) shall be designated as administrator or council of administrators and shall, where the Government so directs, receive from the Municipal Fund such payment for his or their services as the Government may, from time to time determine.
Power of *26. (1) The Government may make rules Government c o n s istent with this Act for carrying out all or any of fornw^Vdtl̂e
P" r
Poses t1̂'3Act, and prescribe by rules such make rule's" forms for any proceedings of the Corporation for which it considers that a form should be provided.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may, provide for all or any of the following matters, namely ■
(a) with respect to all matters expressed, required or allowed by this Act to be prescribed;
(b) qualifications of electors and the preparation publication, correction and revision of elec- toral rolls ;
(e) the appointment of returning officers, assistant returning officers, presiding officers and polling officers for the conduct of elections ;
231
227
(d) the nomination of candidates, form of nomi* nation paper, objections to nominations and security of nominations ;
(e) the deposits to be made by candidates, time and manner of making such deposits may be refunded to candidates or forfeited to the Corporation ;
(f) the withdrawal of candidatures ; (gj the appointment of agents of candidates ;
(h) the procedure in contested and uncontested elections ;
(i) the date, time and place for poll and c tlier matters relating to the conducts of election including—
(i) the selection of polling stations for each ward,
(ii) the hours during which the polling station shall be kept open for thecasting of votes,
(iii) the printing and issue of ballot papers,
(iv) the checking of voters by reference to the electoral roll,
(v) the marking with indelible ink of the left forefinger or any other finger or limb of the voter and prohibition of the delivery of any ballot paper to any person if at the time such person applies for such paper has already such mark, so as to prevent personation of voters,
(vi) the manner in which votes are to be given and in particular in the case ol illiterate voters or voters under physical ar other disability,
(vii) the procedure to be followed in respect of challenged votes and tendered votes,
(viii) the scrutiny of votes, counting of votes, the declaration of results and the pro- cedure in case of equality of votes or in the event of a councillor being elected to represent more than one ward.
(ix) the custody andif disposal of paper; relating to elections,
(x) the suspension of polls in case of any interruption by riot, violence or any other sufficient cause and the holding of fresh poll,
(Mi) the holding of a fresh poll in the cast of destruction of or tampering with
ballot boxes before the poll, and
(xii) the countermanding of the poll in the case of the death of a candidate before the poll ;
(j) the fee to be paid on an election petition,
(k) for rendering incapable of municipal office
either permanently or for a term of years any person who may have been proved guilty of a corrupt practice or of conniving at or abetting the same,
(l) any other matter relating to elections or election petitions in respect of which the Government deems it necessary to make vules under this section or in respect of which this Act makes no provision or
makes insufficient provision and provision is, in the opinion of the Government, necessary ;
(m) the constitution and disposal of specie] fund*;
233
229
(n) the publication of notices ;
(o) the conditions on which property may be acquired by the Corporation or on which property vested in the Corporation may be transferred by sale, mortgage, lease, exchange or otherwise ;
z
p) the authority on which money may be paid from the Municipal Fund, and the management and regulation of provident funds;
(q) the preparation of plans and estimates for works partly or wholly to be constructed at the expense of the Corporation, and for the preparation, and periodical revi- sion of maps and registers and for the authorities by which the conditions sub- ject to which such plans, estimates, maps and registers are to be prepared and
(r) the preparation ©f estimates of income and expenditure of the Corporation;(«) the manner of making applications for permission to borrow money, the enquiries to be made in relation to loans and the manner of conducting such enquiries, the inspection of , any works carried out by means of loans, and the utilizations of unexpended balances ■•£ loans, etc ;
(t) the manner in which accounts are te be kept by the Corporation, the con-ditions on which such accounts are to be opened to inspection by inha-bitants paying any tax under this Act and manner in which such ac-counts are th be audited; ...(u) the assessment and collection of and the compounding for taxes imposed under this Act, and preventing evasion of the same, and for fixing the fee, payable for notice of demands;(v) the conditions on which the Corpo-ration may receive animals or arti-cles into a bonded warehouse and the agreement to be signed by traders and others wishing to deposit animals «e articles therein;
230
(w) t ihe return*, statements and reperte to be submitted by the Corporation;
(x) the formation and working of the municipal fire-brigade;
(y) the language in which business shall he transacted, proceedings recorded and notices issued; and
I
(z) generally for the guidance ®i the
municipal authorities and public servants in carrying out the purposes of this Act; and also for the same purposes as those for which the Cor- poration may make bye-laws under the provisions of Section 416, *
(3) In making a rule under this section the Government may provide that a person guilty of contravention thereof shall, on conviction be ■> punished with fine which may extend to five hundred rupees and where the contravention is
a continuing one with such further fine which may extend to twenty-five rupees for every day after the first on-which the contravention continues.
(4) All rules made under this Act shall be subject to previous publications.
(5) Every rule made under this section shall be laid as soon as may be after it is made, before the State Legislature while it is in session for a
total period of fourteen days which may be com- bined in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following,
the Legislature agrees in making any modification in the rule or that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case - may be so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.r
(6) Notwithstanding anything hereinbefore con-
tained the Government shall not make rules under clause (z) of sub-section (2) for the city unless the Corporation has been required by the Government to make bye-laws under section 416 and has failed to make any such bye-laws, and any rules made
by the Government under clause (z) of sub-section
(2) shall have effect as if they were, and shall be
deemed for all purposes to be bye-laws made by the
Corporation,
HL
PART IX
CHAPTER XXX
MISCELLANEOUS AND SUPPLEMENTAL
PROVISIONS
MISCELLANEOUS
Validity of 427. No notice; order, requisition, licence,
"•the*an<* Perm
*ss
i°n
*n
writing or any other document issued documents. under this Act shall be invalid merely by reason of defect of form.
Admissibility 428. A copy of any receipt, application, plan, ef document n o tjCCj order or other document or of any entry in a
•f evidence. reg is te r in the possession of any municipal authority shall, if duly certified by the legal keeper thereof or other person authorised by the Commissioner in this behalf, be admissible in evidence of the existence of the document or entry and shall be admitted as evi- dence of the matters and transactions therein recorded in every case where, and to the same extent to which, the original document or entry would, if produced, have been admissible to prove such matters and tran- sactions.
Evidence of
municipal
employee. '
Prohibition
against ob-
truction of
Mayor or
any Munici-
pal authori- ty, etc.
429. No municipal employee shall, in any legal proceed ings to which the Corporation is not a party, be required to produce any register or document the contents of which can be provided under section 428 by a certified copy, or to appear as a witness to prove any matter of transaction recorded therein save by order of the court made for special cause.
430. No person shall—
(a) obstruct or molest the Mayor or the Deputy Mayor and Councillor or any person employed by the Corporation or any person with whom the Commissioner has entered into a contract on behalf of the
Corporation, in the performance of their duty or of anything which they are empowered or required to do by virtue or in consequence of any provision of this Act or of any rule, or bye-law made thereunder ;
(b) remove any mark set up for the purpose of indicating any level or direction incidental to the execution of any work authorised by this Act or of any rule or bye-law made
thereunder j
236
2S2
(c) without authority in that behalf, remove, destroy, deface or otherwise obliterate any notice exihibited by or under orders of the Corporation or any municipal authority or any municipal employee specified by the Commissioner in this behalf, and
(d) without authority in that behalf remove, earth, sand or other material or deposit any matter or make any encroachment from, in, or on any land vested in the Corporation or in any way obstruct the same.
Councillor. 431. Every Councillor, the Commissioner and p*I employ-evcr
̂ municipal employee and every contractor or ecs to "be agent for the collection of any municipal tax and public ser- every employee or other person employed by any vant. such contractor or agent shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code, 1860 and in the defini- tion of " Legal remuneration" in section 161 of that Code the word " Government" shall for the pur- pose of this section be deemed to include the Corporation.
Special conditions regarding essential services
Conditions 432. (1) No person being a member of the
•f service of essential services, employed by the Corporation shall, ceri'uno'ther *u a
^ sence
° fan
?C°ntract authorising him so to class of per-an<4 without reasonable cause, resign his em- som employ-ployment. or absent himself from duty without having cd in muni-given one month s notice to the Commissioner or «ip*l (essen- neglect or without reasonable cause refuse totial - rv IC« .p c r f o r m «h i s d u t ie s >
(2) The Corporation may by resolution direct that on or from such date as may be specified in the resolution, the provisions of this section shall apply in the case of any specified class of persons em- ployed by the Corporation whose functions are intimately concerned with public health or safety. p .. . 433. No sweeper, being employed for doing• ̂ service of house scavenging of any building shall, discontinue sweepers em-to do such bouse scavenging without reasonable cause
played for o r without having given fourteen days' notice to his deiag house c m p ]Over.scavenging, j < Saving of 434. Save as provided in this Act, nothing-
other eaact.contained in this Act shall be construed as authorising
neat<. the disregard by the Corporation or any municipal
authority or any municipal employee ef any law
for the time being in force.
237
233
Dk-.-> bet- 435. If any dispute arises between the Gor- weeii. Cor- p O r a tiOn and any local authority as regards a nything an
local doneor to
be done under this Act, it shall be referred authorities, to the Government for decision, and such decision may include an order as to the cost of any enquiry ordered by the Government, and shall be final and binding on the parties and be given effect to :
Provided that it shall be competent for the Cor- poration and the local authority to agree in writing that any such dispute shall, instead of being referred to the Government for decision, be referred to the decision of an arbitrator or arbitrators appointed under the Indian Arbitration Act, 1940, or to a Civil v 19()g Court under section 90 of the Gode of Givil Procedure
1908.
Disputes bet- ween r
vemment
and Corpo- ration.
■ . 436. (1) If at any time it appears to the Go- Government that a dispute has arisen or is likely to arise between the Government and the Corporation as to the interpretation of any of the provisions of this Act or any of the rules made thereunder which is of such a nature and of such public importance that it is expedient to obtain the opinion of the High Court upon it, the Government may refer the ques- tion to the Court for consideration, and the Court may after such hearing as it thinks fit, report to the Government.
(2) The report submitted by the High Gourt under sub-section (1) shall be binding on the Govern- ment and the Corporation and shall not be called into question in any other court.
(3) Nothing in this section shall derogate from the authority of the Government as laid down in Part V III.
Power to 437. If any difficulty arises in relation to the remove transition from the provisions of any of the enact- difficulty. m e nt referred to in section 2, or in giving effect to the provisions of this Act, the Government may, by order as occasion requires, do or cause to be done anything which appears to it to be necessary for the purpose of removing the difficulty;
Provided that no such order shall be made
after the expiration of one year from the establish- ment of the Corporation
234
Appeals
Appsals 438. Notwithstanding anything contained in the from Com- provisions of this Act in the matter of appeal, an ^Standing0 a
PPea
' shall lie to the Standing Committee from— Committee.
(a) any notice issued or other action taken or proposed to be taken by the Commissio- ner—
(i) under any section of this Act ;
(ii) under any bye-law concerning house- drainage, or the connection of house- drains, with municipal drains or house- connections with municipal water supply or lighting mains ;
(b) any refusal by the Corr missioner to grant permission to construct or reconstruct a building ;
(c) any refusal by the Commissioner to grant a permission under any section of this A c t;
(d) any refusal by the Commissioner to grant a licence;
(el any order of the Commissioner suspending or revoking a licence; and
(f) any other order of the Commissioner that may be made applicable by rules framed under this Act.3
(2) If, on any such appeal, the Standing Committee reverses or substantially modifies any action taken or proposed to be taken by the Commissioner or any order passed by him, he may, within sixty days of the date of such decision, refer the matter to the Corpo- ration, and pending the decision of the Corporation on such reference the Commissioner shall not be bound to give effect to the decision of the Standing Committee.
The decision of the Standing Committee, or where the matter has been referred to the Corporation as aforesaid, the decision of the Corporation shall be
final.
235
^ 7 t Limitation
•f time for appeals. 43o In any case in which no time is laid down in the f, regoing provisions of this Act for the presentation of anappeal allowed thereunder, such appeal shall, subject to the provisions of section 5 of the Indian Limitation Act, 1908, be presented—
(a) where the appeal is against an order grant- ing a licence or permission, within thirty days after the date of the publication of the order on the notice board of the Corpora- tion, and
(b) in other cases within thirty days after the date of receipt of the order or proceeding against which the appeal is made. Effect of ab- 440. If any local area consisting of one or more PiTha*revenu
e villages iQrespect of which a Panchayat has area into die been constituted, is included in the City of Gauhati City of Gau- under the provisions of this Act, the following conse- hati. quences shall ensue, namely: —
fa) the panchayat of such local area (herein-
after referred to as the Panchayat) shall
cease to have jurisdiction over such area ;
(b) the unexpended balance of the Panchayat fund and the property (including arrears of rates, taxes and fees) belonging to the Pan- chayat and all rights and powers which prior to such notification vested in the Panchayat shall, subject to all charges and liabilities affecting the same, vest in the Corporation of the City of Gauhati herein- * after referred to as the Corporation ;
(c) any appointment, notification, notice, tax, order, scheme, licence, permission, rule, bye-law or form, made, issued, imposed or granted under the Assam Panchayat Act, 1959 immediately before the said date in respect of the said local area shall continue to be in force and be deemed to have been made, issued, imposed or granted under this Act, until it is superseded or modified by any appointment, notification, notice, tax, order, scheme, licence, permission, rule, bye-law or form made, issued, imposed or granted under this Act.
236
(d) all budget estimate assessments, assessment lists, valuations or measurements, made or authenticated under the Assam Panchayat Act, 1959 immediately before the said date in respect of the said local area shall be deemed to have been made or authenticated under this A c t;
e) all debts and obligations incurred and all contracts made by or on behalf of the pan- chayat immediately before the said date and subsisting on the said date shall be deemed to have been incurred and made by the Corporation in exercise of the power conferred on it by this Act ;
- ■
(f) all officers and staff in the employ of the Panchayat immediately before the said date shall be officers and Btaff of the Corpora- tion under this Act and shall, until other provision is made in accordance with the provisions of this Act, receive salaries and allowances and be subject to the condition of service to which they were entitled or subject immediately befote such date :
Provided that it shall be competent to the Corpo- ration subject to the previous sanction of the Government to discontinue the services of any officer or staff who in its opinion is not neces- sary or suitable for the requirements of the municipal service after giving such officer or employee such notice as is required to be given by the terms of his employment and every officer or employee whose services are dispensed with shall be entitled to such leave, pension, * provident fund and gratuity as he would have been entitled to take or receive on being inva- lided out of service, as if the Panchayat, in the employ of which he was, had not ceased to exist ;
'g) all proceedings pending on the said date before the Panchayat shall be deemed to be transferred to and shall be continued before the Corporation ;
I
257
(h) all appeals pending before any authority shall, so far as may be practicable, be disposed of as if the said local areas had been included in the City of Gauhati when they were filed ;
(i) all prosecutions instituted by or on behalf of the Panchayat and all suits or other legal proceedings instituted by or against the Panchayat or any officer of the Pan- chayat pending on the said date shall be continued by or against the Corporation as if the said local areas had been in- cluded in the City of Gauhati when such prosecutions, suits or proceedings were instituted;
(j) all arrears of rates, taxes and fees vesting in the Corporation shall, notwithstanding that such rates and fees cannot be levied under this Act, be recoverable in the same manner as a tax recoverable under this Act ; and
(k) until the reconstitution of the Corporation in accordance with the provisions of this Act (notwithstanding anything to the contrary contained in section 5 of this Act) such number of persons ordinarily resident in the local area included in the City of Gauhati who are nominated by the Government shall be additional Councillors of the Corporation.
Effect of 441. If any.part of an area within the limits of a bsorption a Panchayat is included in the City of Gauhati, then a
t f
notwithstanding anything contained in this Act or areaCIntoin
the Assam Panchayat Act, with effect from the the City of date on which such area is included in the City Gauhati. of Gauhati the following consequences shall ensue, nam ely;—
(a) so much of the Panchayat Fund and other property vesting in the Panchayat shall be transferred to the Municipal Fund as the Government may, by order in writing, direct ;
(b) the rights and liabilities of the Panchayat in respect of civil and criminal proceedings, contracts and other matters, or things (including arrears of taxes, fees and cess) arising in or relating to any part of the area included in the City of Gauhati shall vest in the Corporation and such rights and liabilities may be enforced by or against the Corporation under this Act or the rules, bye-laws and orders made thereunder ;
238
(c) such officers and staff of the Panchayat shall be transferred to the Corporation as the Government may by order direct ; and
(d) if the area included is area in which not less than ten thousand persons reside, until the reconstitution of the Corporation in accordance with the provisions of this Act, one person ordinarily resident in such area who is nominated by the Government shall be an additional Councillor of the Corpora- tion.
Removal o f 442. If any difficulty arises in giving effect difficulties. t o provisions of section 440 or section 441, the Gov- ernment may, by an order published in the official Gazette, as the occasion may require, do anything which appears to it to be necessary to remove the difficulty.
Special pro- 443. Notwithstanding anything contained in rur'-Tareas*^6 Ôre
o°*n
8 provisions of this Act,—
(a) the Corporation with the previous approval of the Government may, by notification in the official Gazette—
(i) exempt the rural areas or any portion thereof from such of the provisions of this Act as it deems fit ; and
(ii) levy taxes, rates, fees and other charges in the rural areas or any portion thereof at rates lower, than those at which such taxes, rates, fees and other charges are levied in the urban areas or exempt such areas or portion from ; any such tax, rate, fee or other charges; and
(b) the Corporation with the previous approval of the Government may, by notification in the official Gazette, declare that any por- tion of the rural areas shall cease to be included, therein and upon the issue of such notification, that portion shall be included in and form part of the urban area. Exemption 444. Notwithstanding anything contained UrbanA
Areaŝ n
^ le
Assam Urban Areas Rent Control Act, 1951 the Ren^Control provision of the said Act shall not apply to any land or Act, 1951. building or any property belonging to or vesting in the Corporation.
239
THE FIRST SCHEDULE
(Set Section 167)
Rates of Taxes leviable on Vehicles, Animals and Boats Maximum amount of tax
per annum
For Vehicles
with
pneumatic
tyres
— —,
Fer Vehieles
without
pneumatic
tyres
* 1. Each four-wheeled vehicle drawn by horses, ponies, mules, don- keys, bullocks or buffaloes—
Rs. Rs.
•■v (a) Labour Carts U 24
(b) Other vehicles in this class 32 48 2- Each two-wheeled vehicle drawn by horses, ponies, mules, don- keys, bullocks or buffaloes:—
(a) Labour Carts 8 16
(b) Other vehicles in this class 16 24
3. Each vehicle drawn or impelled otherwise than by horses, ponies, mules, donkeys, bullocks, buffaloes or machinery.
8 12
2 . 4. Each cycle rickshaw
Maximum amount of tax per annum
Rs.
24
c
S. Each bicycle 12
6. Each horse, pony or mule of height of 12 hands or upwards.
7. Each horse, pony or mule of a height of less than 12 hands.
8. Each bullock or buffalo kept for draught or pack purposes.
9. Each donkey/ass kept for draught or pack purposes or for riding.
10. Each pig
11. Each dog •••
12. Each she-buffalo kept for milking
20
12
6
6
6
6
24
240
Maximum amount of tax per annum
Rs.
13. Each cow kept for milking 24
14. Each motor boat or steam launch plying for hire and 150 carrying more than six passengers.
15. Each steam or motor tug 105
16 Each barge or other vessel attached or attachable to 60 a steam or motor tug.
17. For every other motor boat or steam launch 50
18. Each cabin boat . . ... ... .. 15
19. Each country boat 10
THE SECOND SCHEDULE
(See Section 171)
Theatre Tax
Type of entertainment Maximum amount of tax
(1)
Rs.
(2)
1. Cinema or theatre ... 7 per show.
2. Drama, concert, circus, variety entertainment 7 per show. or tamasha.
3. Carnival or fete ... ...
... 10 per day.
4. Any other entertainment . . ...
... 7 per show or if there are no
separate shows Rs.7 per day.
Explanation.— or the purpose of this Schedule Glass I cinema theatres and Glass II cinema theatres mean theatres classified respectively as Glass I cinema theatres and Class II cinema theatres by bye-laws made in this behalf.
241
THE THIRD SCHEDULE
{See Section 1731
Tax on A dvertisem ents other than A dvertisem ents published in the N ew spapers
Serial No.
Particulars Maximum amount
of tax per
annum
(D (2) (31
♦ 1. Non-illuminated advertisements on land, building, wall, hoardings, frame, posts, structures, etc.— Rs.
(a) F o ra space upto 10 sq. feet
(b) For a space over 10 sq. feet and up to 25 sq. feet
(c) For every additional 25 sq. feet or less ...
18
80
30
2. Non-illuminated advertisements carried on vehicles, drawn by bullocks, horses or other animals, human beings, cycle or any other device, carried on any vehicle or tramcar—
(a') For a space up to 50 sq. feet
(bi For every additional 50 sq. feet or less
120
120
3. Illuminated advertisement boards carried on vehicles— (al For a space to 50 sq. feet
(bi For every additional 50 sq. feet or less
240
240
4. Non-illuminated advertisement boards, carried by sand- which boardman—
(a) For each board not exceeding 10 sq. feet 24 (bl For each board exceeding 10 sq. feet up to 25 sq. feet.
48
(cl For each additional 10 sq. feet in area or less 24
5. Illuminated advertisement boards carried by sand which boardmen—
(al For each board not exceeding 10 sq. feet 48 (bl For each board exceeding 10 sq. feet and upto 25 sq. feet.
96
(cl For each additional 10 sq. feet in area or less 48
242
Serial No.
Particulars
-- Maximum amount »f tax per annum
(1) (2) (3)
6. Illuminated, advertisements on land, building, wall or hoardings, frame, post, structures, etc.— Rs.
(a) For a space upto 2 sq. feet ... 24
(b) For a space over 2 sq. feet and upto 5 sq. feet 48
(c) For a space over 5 sq. feet and upto 25 sq. feet 60 (di For every additional 25sq. feet or less 60
7. Advertisements exhibited on screens in cinema houses and other public places by means of lantern slides or similar devices—
(a) For a space upto 5 sq. feet ... ... ... 96
(b) For a space over 5 sq. feet and upto 25 sq. feet ... 120
(c) For everv additional 25 sq. feet or less ... ... 120
8. Non-illuminated advertisement suspended across streets—
(a) For a space upto 10 sq. feet ... ... ... 18
(b) For a space over 10 sq. feet and upto 25 sa. feet... 30
(c) For every additional 25 sq. feet or less ... ... 30 N.B.—The tax for item 8 will be in addition to the space which will be chargeable according to the scale to be determined by the Commissioner.
9. Non-illuminated advertisement hoardings standing blank but bearing the name of the advertiser or with the announcement "To be let" displayed thereon—■
(a) For a space upto 10 sq. feet ... ... ... 9 (bi For a space over 10 sq. feet and upto 25 sq. feet. 15
(c) For every additional 25 sq. feet or less ... ... 15
10. Permission to auctioneers to put up not more than two 200 boards of reasonable size advertising each auction (including other than those in the premises where the auction is the rent helc, one on a prominent site in the locality and one for exhi- on Municipal lamp post. biting the
board on a
municipal
post.)
243
THE FOURTH SCHEDULE
{See Section ISO-) Every license shall be granted under one or other mentioned in the second column of the following table, be paid annually for the same the fee mentioned in the third column of the table:—
of the classes
and there shall
that behalf in
Serial
No.
(1)
Classes
(21
Fees
(3)
Class I
1. Company or association or body of individuals the paid up capital of which is equivelent to twenty lakhs of rupees or upwards, which exercises or
carries on any
profe sion, trade
or calling what-
soever.
Five hundred
rupees.
2.
Glass II Company or association or body of individuals, the paid up capital of which is equivalent to ten lakhs of rupees or upwards,
which exercises or
carries on any
profession, trade
or calling what-
soever but is not
included in
Class I.
Two hundred
and fifty
rupees.
3. Consulting or Practising physician, practising sur- geon, licentiate of, medi- cine or surgery, medical practioner, kabiraj, hakim, homeopath, graduate of the Assam Veterinary Col- lege, dentist, barrister, attor ney, vakil or advocate of the High Court, pleader, proc- tor, notary public, public accountant, average adjus- ster, statistical reporter, analyst, shroff or banian,
4. Freight-broker, ... in respect of whose Do. income out of
the profession
mentioned under
column I, in-
come tax is pay- able on an in-
come of not less than Rs. 10,000. Do. Do.
5. Propritor of a newspaper, periodical or journal, in respect of whose Two hundred income out of and fifty the profession rupees, mentioned un-
der column I,
income tax is
payable on an
income of not
less than Rs.
10,000
244
Serial No.
(1)
Classes Fees
(2) 13)
6. Broker or dalal employed in in the wholesale transfer of purchase of imports or exports, country produced silk or other merchandise, 7 . Dealer in precious stones or precious metals and articles of precious stones and
metals,
Merchant, businessmen,
banker, wholesale, trader, commission agent, engi- neer, architect, builder, contractor, auctioner or carrier,
Owner or occupier of a cot- ton, jute, hide or other screw-house or press-house. Owner or occupier of a
market theatre, cinema
house or a place of public entertainment kept up for the purpose of profit,
respect of whose
income out of
the profession
mentioned under
column I, income-
taxi is payable on
an income of not
less than Rs. 10,000.
Bo.
Two and rupees. hundred fifty Do.
S
8.
9.
10.
the fair letting value of whose place of business is Rs.500 per mensem or up- wards.
Do.
Do.
Do.
Do.
Do.
11. Printer, publisher, litho- grapher, engraver, die-sin- ker, photographer or photo- Do. Do.
12.
typer, x Hotel-keeper, boarding house- Do. Do.
13.
keepei, lodging house-keeper, manufac-turer, retail-trader or shop-keeper.
Owner or occupier of any Do. Do.
14.
depot or godown for stor- age of goods for whole- sale business,
Proprietor of nursing home Do. Do.
15.
or sanatorium, Radiologist, Lo. Do.
16. Keeper of a hydrotherapy, Do. Do.
17.
bath or other clinic or health resort,
Keeper of a laundry Do. Do.
18. Cinema film producer or Lo. Do.
19.
keeper ot a film studio, Cinema film distributor, Do.
X
X
*
><-...
245
Serial Classes Fees No.
(1) (2) (3)
20 Owner of twenty or more Two hundred taxi-cabs, buses, lorries or and fifty contract cars which are rupees. used for carrying passen-
gers or goods on pay-
ment or hire,
21 Book-maker or turf ac- countant,
Stevedores,
Do.
22 Do. Class III
23 Company or association or which exercises or Two hundred body of individuals the carries on any rupees. paid-up capital of which profession, trade is equivalent to five lakhs or calling what- of rupees or upwards, soever, but is
not included in
Glass I or in
Class II.
24 Merchant, businessman, who is not inclu- Do. banker, whole-sale trade, ded in Class II commission agent, engi- and the fair let- neer, architect, buildei, ting value of contractor,' auctioner or whose place of carrier, business is Bs.
350 per mensem
or upwards.
25 Owner or occupier of cotton, jute, hide or other screw-house or press-house, Do. Do.
26 Owner or occupier of a Do Do. market, theatre, cinema houe or a place of public entertainment kept up for the purpose of profit,
27 Printer, publisher, litho- grapher, engraver, die- sinker, photographer or photo-typer,
Do Do.
28 Hotel-keeper, boarding- house keeper, lodging- house keeper, manufac- turer, retail trader or shop-keeper,
Do Do.
29 Owner or occupier of any depot or godown for storage of goods for wholesale business, Do Do.
30 Proprietor of a nursing Do Do. home or sanatorium,
31 B adiologist Dq
Do.
250
246
Serial No.
(1)
Classes (2'
32 Keeper of a hydro-thera- who is not inclu- Two hundred py or bath or other clinic,
or health resort,
ded in Class II and
the fair letting value
of whose place of
b u s i n e s s is
Rs.350 per men-
sem or upwards.
rupees.
33 Keeper of a laundry, Lo Do.
34 Cinema film producer or keeper of a film studio, Do Do.
35 Keeper of a shop for the sale of any liaour or intoxicating drug,
Do Do.
36 Owner of ten or more, but less than twenty taxi-cabs, buses, lonies or contract- cars which are used for carrying passengers or goods on payment or hire, Class
Do
IV
Do.
37 Merchant, businessman, who is not inclu- One hundred banker, wholesale trader, ded n Class II or and twenty- commission agent, engi-
neer, architect, builder,
contractor, auctioner or
carrier,
Class III and the
fair letting value of
whose place of
business is Rs.250
per mensem or
upwards.
five rupees.
38 Owner or occupier of a cotton, jute, hide or other screw-house or press-house, Do Do.
39 Owner or occupier of a market, theatre, cinema house or a place of public entertainment kept up for the purpose of profit, Do Do.
40j Printer, publisher, litho- grapher, engraver, die- sinker, photographer or photo-typer,
Do Do.
41 Hotel-keeper, boarding- house keeper, lodging- house keeper, manufac- turer, retail trader oi' shop- keeper,
Do Do.
42 Owner or occupier of any depot or godown for storage of goods for wholesale business, Do Do.
43 Propriter of a nursing home or sanatorium, Do Do.
247
Serial No.
Glasses Fees
(1) (2) (3}
44 Radiologist, ... ... whois not inclu- One hundred
45 Keeper of hydrotherapy, bath or other clinic or health resort,
46 Keeper of a laundry,
47 Cinema film producer or keeper of a film studio,
48 Keeper of a shop for the sale of any liquor or intoxicating durg,
49 Consulting or practising physician, practising sur- geon, licentiate of medi- cine or surgery, medical practitioner, kabiraj, hakim homeopath, graduate of Assam Veterinary College, dentist, barrister, attorney, vakil or advocate of the High Court, pleader,
proctor, notary public, public accountant, avera- ge adjuster, statistical reporter, analyst, shroff or banian,
50 Freight broker, ...
51 Broker or dalal employed in whole-sale transfer or purchase, imports, or exports, country produced silk or other merchandise, ded in Glass II and twenty- or Class III and
the fair letting
value of whose
five rupees.
place of business
is Fs.250 per
mensem or up-
wards.
Do Do.
Do Do.
Do Do.
who is not inclu- Do. ded in Glass III
and the fair let-
ting value of
whose place of
b u s i n e s s is
Fs.250 per men-
sem or upwards.
who is not inclu- One hundren ded in Class II and twenty- and in respect
of whose income
five rupees.
out of the pro-
fession income-
tax is payable
on an income
of not less than
Rs.6,000.
Lo Do.
Lo Do.
248
Serial No.
Glasses
(1) . (2)
52 Dealer in precious stones who is not inclu- or precious metals and ded in Glass II articles of previous stones or Glass I II and and metals, the fair letting
value of whose
place of business
is Rs.250 per
mensem or up-
wards.
One hundred
and twenty-
five rupees.
Class V
53 Company or association or body of individuals, the paid-up capital of which is equivalent to one lakh of rupees or up- wards,
which exercises or carries on any
profession, trade
or calling what-
soever but is not
included in Glass
I or Glass II or
Class I II .
Seventy-two
rupees.
54 Merchant, businessman, banker, wholesale trader, commission agent, engineer architect, builder, con- trator, auctioner or carrier, who is not in-
cluded in Class
II or Glass III
or Glass IV and
the lair letting
value of whose
place of busi-
ness is Rs. 150
Seventy-two
rupees.
per mensem
up-wards4
or
55 Owner or occupier of a Do cotton, jute, hide or other screw-house or press-house,
56 Owner or occupier of a Do market, theatre, cinema house or a place of public entertainment kept up lor the purpose of profit,
57 Printer, publisher, litho- Do grapher, engraver, die- sinker, photographer or photo-typer,
Do.
Do-
Do.
249
Serial Classes Fees , No.
t n (2) (S)
58. Hotel-keeper, boarding-h o u s e who is not inclu- Seventy- keeper, lodging-house keeper, ded in Class II two manufacturer, retail trader or or Class III or rupees. shop-keeper, Class IV and
value of whose
place of business
is Rs. 150 per
mensem or up-
wards.
'S.
59. Owner or occupier of any depot or godown for storage of goods for wholesale business,
Do Do.
60. Proprietor of a nursing home or sanatorium.
Do Do.
61. Radiologist Do Do.
62 Keeper of a hydrotherapy, bath or other clinic or health resort, Do Do
63. Cinema film producer or keeper of a film studio,
Do Do.
64. Keeper of a laundry, ... Do Do.
4
65. Hairdressing saloon keeper, the fair letting value of whose
place of business
is Rs. 150 per
mensem or up-
wards.
Do.
66. D/Lr or cleaner, ... Do Do,
67. Owner of 5 or more but less than 10 taxi cabs, buses, lorries or contract cars which are used for carrying passengers or goods on payment for hire,
559 are Do.
68. Advertising agent De*
250
(2)
S tfia l No.
Classes
(1)
69. Company, association or body of individuals the paid up capital of which is les ■ than one lakh of rupees,
70. Consulting or practising physician, practising surgeon, licentiate of medicine or surgery, medical practitioner, kabiraj, hakim, homeopath, graduate of the
Assam Veterinary College,
midwife, dentist, barrister, attor- ney, vakil or advocate of the High Court, pleader, proctor, notary public, accountant, ave- rage adjuster, statistical repor- ter, analyst, shroff or banian, which exercises or Thirty-six carries on any rupees,
profession, trade
or calling what-
soever.
in respect of whose Do.
income out of
the profession
income tax is
payable on an
income of less
than Rs.6,000.
71. Freight Broker Do Do.
72. Broker or dalal employed in the wholesale transfer or purchase, imports, export, country pro- duced silk or other merchandise, Do Do.
73. Dealer in precious stones or precious metals and articles of precious stones and metals Do Do.
74. Proprietor of a newspaper, perio- dical or journal^
who is not inclu-
ded in Glass II.
Do.
75. Merchant, businessman, banker, wholesale trader, commission agent, engineer, architect, builder, contractor, auctioneer or carrier,
who is not inclu-
ded in Glass II
or Class III or
Class IV or Class
V.
Do.
76. Owner or occupier of a market, theatre, cinema house or a Do Do.
place of public enter-
tainment kept up for the pur- pose of profit,
77, Owner or occupier of any depot or godown for storage of goods for wholesale business,
Do Do.
78. Proprietor of a nursing home or sanatorium,
Do Do.
79. Radiologist Do Do.
80. Keeper of a hydrotherapy bath or other clinic or health resort,, Do Do.
f t . or press-house,
serial Classes Fees No.
(1) (2) (3)
81. Cinema film producer or keeper who is not included Thirty-six of a film studio, in Glass II or
Class I II or Class
IV or Class V.
rupees.
82. Keeper of a laundry, Do Do.
83. Keeper of a shop for the sale of who is not included Do. any liquor or intoxicating drug, in Class I II or Class IV.
84. Owner or occupier of a cotton, who is not included Do. jute, hide or other screw house in Class II or
85.
86.
87.
Printer, publisher, lithographer engraver, die-sinker, photograp- her or phototyper,
Hotel-keeper, boarding house- keeper, lodging house-keeper, manufacturer, retail trader or shop-keeper,
Dyer or cleaner,
Class III
Class IV or C
V and the
letting value
whose place
business is R
per mensem
upwards.
Do Do.
Do Do.
not inclu-
in Class V
the fair
Do.
/
who is
ded
and
letting value of
whose place
of business is
Rs. 75 per
mensem or up-
wards.
88. Hair-dressing saloon-keeper, Do Do.
89. Order-supplier or house-decorator, the fair letting Do. value of whose
place of busi-
~ - - - -
ness is Rs.75 per Do.
mensem
wards.
or up-
90. Carriage-dealer or house-dealer, Do Do.
91. Plumber, electric fitter or gas fitter, Do Do.
92. Keeper of a billiard room, Do Do.
93. Pawnbroker or moneylender, Do Do.
94. Owner of a steam ferry-boat or Do Do1 steam cargo-boat,
95. Commercial traveller or manufac® Do Do. turer's representative,
96. Broker or dealer in houses, landed Do Do. property, Government securi-
ties, shares or bills of exchange,
256
252
Serial Olaues F««s
Wo.
( * i 12) (3)
97 .
Advertisement broker, Thirty-sixrupees.
98. Owner of less than five taxi cabs, Do. buses, lorries or contract cars which are used for carrying
passengers or goods on payment
or hire,
99. Railway freight negotiator, ...Do. X
100. Broker in precious stones, ... ...Do. _ MT
CLASS VII
101. Consulting or practising phy- in respect of whose Twenty- sician, practising surgeon, licen- income out of four tiate of medicine or surgery,
medical practitioner, kabiraj,
hakim, homeopath, graduate
of the Assam Veterinary
College, midwife, dentist,
barrister, attorney, vakil or
advocate of High Court, pleader,
proctor, notary public, public
accountant, average adjuster,
statistical reporter, analyst,
shroff or banian,
the profession no
income-tax is
payable.
rupees
102. Freight Broker, Do Do.
103.
Dealer in precious stones or pre- cious metals and articles of precious stones or metals, in respect of whose
income out of
the profession no
income-tax is
payable.
Do.
*
104.
Mukhtear, Revenue Agent, (or) pe- in respect of whoseDo. tition writer, income, no income*
tax is payable.
105.
Owner or occupier of a cotton, ju te , hide or other screw-house or press-house,
who is not inclu- Do.
ded in Class 11
or Class I II or
Class IV or Class
V or Class VI
and the fair let-
ting value of
whose place of
business is Rs. 30
per mensem or
upwards.
253
J
' *5 Serial No.
(1)
106.
Classes Few
(2)
Printer, publisher, lithographer, engraver, die-sinker, photogra- pher or photo-typer,
Hotel-keeper, boarding-house keeper, lodging-house keeper, manufacturer, retail trader or shop-keeper,
(3)
who is not inclu • Twenty- ded in Class II four rupees, or Class III or
Class IV or Class
VI and the fair
letting value of
whose place of
business is Rs.30
per mensem or
upwards.
who is not inclu-
ded in Class II
or Glass I II or
Class V or Class
VI and the fair
letting value of
whose place of
Business is Rs.30
per mensem or
upwards.
108. Dyer or cleaner,
109.
110.
r
111.
112.
Hair dressing saloon-keeper, Order-supplier or house-decorator, Plumber, electric fitter or gas fitter, Carriage-dealer or house-dealer^ who is not inclu-
ded in Class V
or Class VI and
the fair letting
value of whose
Do.
place of busi- ness is Rs.30 per mensem or upwards.
Do.
Do.
who is not inclu- ded in Class VI and the fair letting value of whose place of business is
Rs.30 per men- sem or upwards.
Do.
Do. Do.
Do.
Do.
113. Poddar or money-changer, the fair letting Do.
value of whose place of business is Rs.1.5 per mensem or up-
wards.
254
Gauhati for transport and sale beyond the limits of the city of Gauhati
Seria 1 No.
Glasses Fees
(1) (2) (3)
114. Private detective, Twenty- four rupees.
115. Professional astrologer, ... Do.
116. Insurance agent, broker or ...... Do. canvasser,
117. Purchaser of goods in the city of ....... Do.
118. Broker or dalal, who is not inclu- ded in Glass II
or Glass IV or
Glass VI.
119. Professional artist, sculptor, actor, singer or musician,
120. Labour-supplier, licensed shipping broker, boat supplier or custom- house agent,
121. Surveyor (including a licensed building surveyor) or profes- sional measurer,
122. Practising apothecary or practising veterinary surgeon,
123. Owner of ten or more jinrikshaws, carriages, passenger boats, hand- carts, bullock or buffalo carts or palanquins which are let out for
hire.
GLASS VIII
124. Printer, publisher, ... who is not includ- ed in Glass II or
Class III or Class
IV or Class V or
Glass VI or Class
VII and the fair
letting value of
whose p l a c e
of business i s
Rs. 15 per men-
sem or upwards,
125. Hotel-keeper, boarding-house Do. keeper, lodging-house keeper, manufacturer, retail trader or
shop-keeper.
Do. Do. Do. Do. Do. Twelve rupees. Do.
255
P
No.
(1)
126. Dyer or cleaner,
Classer
(2)
... who is not in- cluded in Class V or Class VI or Class VII
and the fair
letting value of whose place of business is Rs. 15 per mensem or upwards.
127. Hair dressing saloon-keeper, ... Do Order-supplier or house-decorator, who is not in- cluded in Class
VI or Class VII
and the fair
letting value of
whose place of
business is R s.15
per mensem or
upwards.
129. Plumber or electric fitter fitter,
or gas- Do
130. Carriage dealer or horse dealer, ... Do
131. Poddar or money changer, ... who is not includ- ed in Class VII.
132. Mukhtear, in respect of whose income no in-
come-tax is pay-
able.
133. Professional draftsman,... •••
134. Fortune-teller,
135. Owner of a cargo-boat,
136. Professional horse-broker, ...
137. Band supplier or stamp*vendor, ...
138. Owner of three or more huts, less than ten jin-rickshaws, carriages, passenger-boats, hand-carts, bul- lock or buffalo carts or palan- quins which are let out for hire,
Fees
(3)
Twelve rupees. Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
256
X I
Serial No.
(1)
Classes
(2)
CLASS IX
Fees
(3)
139. Keeper of a shop or other place of business,
who is not inclu-
ded in any
other class.
Six rupees.
140. Owner of less than three jin - rickshaws, carriages, passenger boats, hand-carts, bullock or buffalo carts or palanquins which are let out on hire, Do.
141. Pedlar, vendor of goods in carts, hawker or bon-wailah, who is not inclu-
ded in Class X.
Do.
142. Professional petition, letter or ....... bill-writer,
CLASS X
Do.
-
143. Itinerant dealer hawking goods for sale in a basket or tray, Three rupees.
144. Every person who is in em- ployment either wholly or :
part.
CLASS
where total gross in income— Rs.
(1) Does not exceed Rs.6,000.
Nil
(2) Exceeds Rs.6,000 but dees not ex- ceed Rs. 10,000.
25
-
(3) Exceeds Rs. 10,000 but does not ex- ceed Rs. 15,000.
36
(4) Exceeds Rs.15,000 but does not ex- ceed Rs.20,000. ' 50
(5) Exceeds Rs.20,000 but does not ex-
70
-ceed Rs.25,000.
(6) Exceeds Rs.25,000 but does not ex-
1 50 (8) Exceeds Rs.35,000. 200 GP| (Leg.) No.16/73—2,000—27-10-73.