Sikkim act 1 of 1975 : The Gangtok Muncipal Corporation Act 1975

-Tp~ G~ngtQk Mqp.i~ip3.1 Corporation. ,'Act 1975 .

. ,,: I:"AI'/'ACr ."'. : ;: .• ~'('" ..... ( ) '(

. '<j ;"r.~:';:.~ .~ ";:(' ;.'1'; .: ,"." , ":1 ... , '~ to mak: provisions fer the estahlishment of a.Munj~ipal ~prporation in Gan~tok and matters connec ed therewith ° . . ,. :' '

. . J. .' • ; < ••

WHEREAS it is '~xpceqf~m to ma~~ pr()v~sjp~s fQ~ th.c;.~~tqb14hment of a.Municipal Corpo- rat ion at Gangtok and matters C;9{ln~cteq~her~V(i~~., ,.'. ,

H is hereby enacted all fpllQw:i i.,.."". '"

CHAPTp~ l Preliminary

Short. dele, extent and I .~l)' This Act fllay be called the Gan~tok Municipal Corporation Act, 19750 'U.lllll)(/lC'iJl~1H :

Definition s: "l3(id8e' , , 'Buildina"

., C "uil ~~[Yu ncy ,

"Draill' ,

"Ho}Jing"

"Hut"

••Inhabitan e"

"j..and"

"Jfarka"

"Nocificatian' , ,!Occupier'

(2) It extends and applies to the town ,~f Gangtok ; but the State Government may by notification extend all or any of therrovi,.liions of this ~ct to areas outside the town of Gangtok. . '. '.r: (3) It ,ha~l come iqtp force on such date as (he State Government m,y by noti: ""/

y:catio~ ap,P9mt. '. '. ..' .'. '. ~' 2. In this Act,.unless there is anything .repus~~ In the subject Or context - (I) "l>Tidg~JJ ins;lqq~~ i\ culvert ; , . . (2) "byi}c\ing" includes l\ h91J,S~1out-house, stable; privy, urinal, shed, hut,

'!'Vall(other than a RO\ln<4fY wal], no~ ~~c::eedingten feet in height) and any other such structure, whether ofmasonryrbrlcks, wood, mud, metal or any other ma- terial whatsoever, but <;l,qe~P'Q~ include any temporary 'shed erected on ceremonial or festive occasicns i

(3) "C9fl~Hy.mcy"·nieal1s the-removal and disposal of sewage,off'ensive matt er and fQbbi~4, " " " . '. '; :,' , '" , ,

(4-) • 'd4lflger91J~disease.' Jlleap~..·o v ' .s' .' ,', , . "'" , (a) 'cholera, plague, small-pox, cerebrcspinal me~ingitis' and diptherla ;

and '.. , . ,,' '. . .

.. (b) any other disease which the State G9ver~~~nt may, by notification, declare to be a dangerous disease fQr all oz:~y of the pu;rposes of this Act. (!) "<lraln" includes ~ sewer, ~ house-drain, a drain of any other description,

11 tunnel, a culvert, a ditch, i\ channel aflq,allY;'9~her such device. for ,carrying of s\411llge,sewage, Q~en~iv~ ~qer! P9.~h~~,eg;:~i-~~r,qdn water.or-sub-soil-water ;

(6) "hQldiJ1g" means lilJl~ qelsl under ope title or agrement' and 'surrounded by OM pet of. P04Tld<1rie~: Provided that where.two or more adjoining holdings' form part and, parcelof the site or premises of a d,wel\ipg house; manufactory, warehouse or place of trade or business, such holQ.ipg!ishall be deemed-to be one holding for the purpose of this Act. . ... ' .', " :. .' '..'::~..,. ',. . ~~pJ~natipn I Holdings separat~q by ~ street or other means of communlcatlon d~ll be qe~P1ed to be adjOining Wllnhl the Jnef.Ping of th!~ proviso]: ... ., ~

(7) "hut" means any building which .is' constru~ted princlpally prwo~q" bamboo, mud, leaves, grass or thatch and includes any temporary str\lctW'~ of whatever size or any small building (not being masonry building) of whatever material made, '. . .

(8) "inhabitant" used with reference to any local area means anypenonQr~ dinarily re~iding or carryin~ OIl business or owin~ or ~ccupying imrnovable pro- perty therein;. .

(9) •'land" includes be~~fit~ arising out of land, and things attached to the earth, . or permanently fastened to any thiJ1g attached.t o.the earth; ,. ',; , .. -. (10) "mark~t" Includes any plac~ where persons assemble for the sale of aI~y

lrving thil}g intended f9'f hl!Jl'IRO food or of any artjcle of food; (J 1)1 "notification" means a npUfiC!l~jp,f!"publhhed Irr the official Gazelle.· (# 2) !!o~{;:ypier!1m~~n ~Jlyp.~rspn f9r tq~ time ,keing .in possession or deemed

to be in possession of any land 0; b4ildillg in respect- or,'which the word is used and Includes an owner- living In, or,Q~hefwis~ u~ing"his ,own land or building. (,~ )"o~I}er" Includesthe p~rso~ for the-time Pejn~ rec,eivi~g the rentof any

land or bu~ldin.~ or iln1.p~~-ef a:nr ~an~.or~.Yildin~"X4elhcrr~n his own ac<;~unt or .

• ."r ..0, ~--\"\: ~

II I I III I I III 'J II

.st ~t,.'..’v : (a The Gangtok ' Municipal Corporation Act 1975 AN nor to make rovisions for the establishment of a Municipal Corporation in Gangtok and matters connected therewith) ; ‘ d > ' WHEREAS it is expedient to make provisions for the establishment of 3 Municipal Corpo~ ration at Gangtok and matters connected therewith. . It is hereby emeted as follows :m CHAPTER I Preliminary Short title, extent and 1.0). This Act may be called the Gangtok Municipal Corporation Act, 1975. "Ullllht‘llfﬁl’lqll‘: ‘ ' (2) It extends and applies to the town of Gangtok; but the State Government may by notiﬁcation extend all or any of the provisions of this Act to areas outside the town of Gangtok. _ . (3) It shall come into force on such date as the State Government may by noﬂ Damion appoint, , Deﬁnition 3: 2 In this Act, unless there is anything repugnant in the subject or context - "Bridge” (1) ”brid e” includesa culvert; "Building” (2) “buil ing” includes a house. out-house, stable. privy, urinal. shed. hut, wall (other than a boundary Wall, not exceeding ten feet in hei ht) and any other such structure, whether of‘masonr ,‘bricks, wood, mud, metalor any other ma- terial whatsoever, but does not include any temporary shed erected on ceremonial or festive occasions: - , ”Cullwrvancj” (3) “conservancy' ’ means the removal and disposal ofsewagepﬁ'ensive matter , ' and rubbish; - “Dangerous directs” (4) “dangerous disease” means — (a) cholera, plague, small-pox, cerebrOspinal meningitis and diptheria; and . . . (b) any other disease which the State Government may, by notiﬁcation, declare to be a dangerous disease for all or any of the purposes of this Act. “Drain ” (f) ”drain" includes a sewer, a house—drain, a drain ofany other description, a tunnel, a culvert, a ditch, a channel and any other such device for carrying of ' sullage, sewage, offensive matter, polluted water, rain water or sub-soil water; “Holding" (6) “holdin ” means land held under one title or agrement and surrounded ‘ - ‘ by one set of l5 undaries: Provided that where two or more adjoining holdings 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 holdingfor the purpose ofthis Act. V . ’ Explanation i Holdings separated by a street ,or other means of communication . shall. be deemed to be adjoining within the meaning of this proviso; “Hut" (7) "hut" means any building which is constructed principally of wood, bamboo, mud, leaves, grass or thatch and includes any temporary structure of whatever size or any small building (not being masonry building) of whatever material made; , , “lnhabitant” - (8) “inhabitant" used with reference to any local area means any person or- dinarily residing or carrying on business or owing or occupying immovable pro- perty therein; ' ' ‘ ‘_Land’ ’ . (9) “land' ' includes beneﬁtsarising out ofland, and things attachcdto the earth, or permanently fastened to any thing attached to the earth; “Market" (10) ”market" includes any place where persons assemble for the sale of any living thing intended [93' human food or of any article of food; "Notification" (t i)’ “notiﬁcation” means a notiﬁcation published in the ofﬁcial Gazette. “Occupier” (u) ”occupier” mean, any person far the time being in possession or deemed to be in porsession of any land or building in respect of which the word is used and includes an owner living in, or otherwise using, his own land or building. “Owner” (:3) ”owner" includes the person for the time being receiving the rent ofany land or building or any part of any land or building whether on his own account or

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

3, (1) There shall be.established fo~ the town of Gangtok aMunicip~J Corporatior; consisting of .such number of Councillors not exceeding' nine in number as t~~ State Government may. specify in·the notification constituting the .Corporation. The boundaries of theCorporaticnshal] be specified in the notification and n~y, by notlficatlon be altered by the State Government from time to-time,.

(2) The Corporation shall be a' body .corporate by the name of the Gangtok' Municipal Corporation having perpetual succession and :acommon seal and by

, that name shall sue .and be sued, '.",,~ '. -; , .... ,' ", . . . " (3 ) The first Councillors shall be nominated by-the Government by notificatlon

and. shall hold office for four years commencing from the' date of the first meeting of the newlyformed Corporation after the notification at which a quorum is present.

(4-) Subject to the provision of sub-section (3) ,~the',Coundllors shall'be elected on the basis of adult franchise in the manner prescribedby rulescmadeby the State Government and shall hold office for four years commencing from the date of the first meeting, of the Corroration' after such election'.' at which a-quorum is present. . .' ..... , ", .. ". ". " ..'; ':'.' '

PulVer to divide Cor- 4, The State Government 'may, by notification, divide the Corporation into jhlr"LiiJll iwo Wards Wards and for the purpose' of the election of the Councillors determine the num- and fi.( the number oj . ber of Councillors to be elected from each such Ward, I , ' .\ ~'., Csuncillot s oJ each . Il'urJ

I "Puscrib.:J':·

·'1'.:611( Scree,"

.•. '/ 1 1 ".) J liD itet- rouse

•• Yt'ar"

Cunsc{wtion and in- . I corporation oj Corpo- r<.Jcian and number oj c,;ullci l1UfS.

Disqualificacion Jor z., :1,:] oJ, Councillot

as agent or trustee-for any person-o society- or for any re ig'ous or char' a en r- pose, or as a receiver, or. who wouldso receive such rent if the land building ~r part thereof were let t~,'.~..t_ena.Il:~;~:.;:.. " ': . .: (14-) "prescribedn means p:t:escri~e!l:by .~his·.Acf or by rules or by-laws made

thereunder r, .'. ,.'. .;: ". ( ''"'.'/ I, .~,~; i: . ,'. '1,.:, .'. '., .. '.,. .:. _. '(15) "private street"" means anY'St~ee~,<~oad,lane,"gully, ·alleY,·.pass~ge· or square which is not a publlc street as defined in this Section, but does not rn~lude a passage seCUJing access to less than.four premises.tor a passage provided ir, t' Recting the partition of any building amongst joint-owners ;' ;';': .. .:': .. ,.' .'" '- (16) "public street" means any street, road, lane, gully:, alley,pass<lge, 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 publicb:ridge or causeway, (b)' the footway attached 'to a.ny such street, public bridge or causeway; (c).·:.the pass'ageconnecting t~o publ icstreets ';I).d· ,,: ..... : .. : .. , '. ,:·c. (d) the drains attached to any such street, p.ublic bridge :0r .causeway,

and, where there is no drain at tached.to any such street, shall be deemed to include also, unlessthe contrary Is shown, allland upto the boundary wall, hedge orplllcr of the- premises, if any,a\>utting on the street,'

.. or if a street alignment has, beep fixed, ·then upto the alignment; (17) "sewage" means night-soil and other contents of-privies, urinals I cess-

'pools or drains and includes tradeeflluentand discharges from manufactories of "all kinds; '. :.' '.:. -.. ,,: :1',.,: :" , .' . .....:; (18) "slaughter house'" means any place used f~r.·,the slaughter of cattle, sheep,

.'. goat, kids or pigsJor the pUl."p'ose.of selling the fleshthereof as meat: . : .. (19) "year'rmeans.a year beginning on the firstday of ,AprU •

," .' :... •• I • • I

. .'

5, (1) A person shall nor be eligible' for nomination' or election as a Councillor if such person. .: . .' ". .:- .J' :. . •

.(a) -has been adjudged by a competent Court to .be of unsound U"!;lJ; or ~b) is under twenty one years of age; or:'·- <:: "I}., • . (c). is an undischarged Insolvent, or' .... '. . '. (d) being a discharged Insolvent, has not obrained'Irom the Court a'eer-,

t ificatethat his insolvency was. caused by misfortune 'without. tJ.n'j mls- : conduct': o.n his part.;- or " .' . , ' ", . ,,' .; . '.

(e) is a municipal officer or servant or holds' any office of profit under the Corporation, ,or 'f" :: ' .' " ...•~.,•. :.' ..•.. '''::,'.:;;. ' •

(f) . has directly or indirectly by himself or by his partn,er or ,employeer orany employee, any share or Interest' inany contract or employment

. . with, by, or onbehalf of, the Corporatlon ; or.." .' . (g)-. is in arrears for more ,~ha~ six. months 'in p<lyment of anyx:atc or t~x,

(2) If.any person .is or has been convicted by..a;,C~im,~nal,Court of an o fI'cn7c , punishable -with imprisonme~t for,a'peri,od ~f ino.t~£~~~n.,~i~.'~.q~t~s;:s.uchpers~n" shan not be eligible forelection ornominatron for five years from' thcdateol t!X-

• • ";: • ~ ;It , •

piration of the sentence: .. ;'.:: ··,::>..::ii.l;,t ': .: ...., . .' " . \ ' . :;" ,".: ...,~-'."-:.::~}~f'/{~;':.:,:,,-~;... ',,' . '111 il

'.'"

...

: "Prgscribed' ' I “Private Street" "12bit: Street" ”Smo‘uyc' ' "Slaughter-house" ”Year" Constitution and in- f corporation ofCorpo- ration and number of councillors. Power to divide Cot- pomlinn into Wards dndﬁx the number of Councillors ofearb Wart! , Disqualiﬁcation for 113113 .1 Councillor . (13) ’ goat, kids or ipigs for the [am pose of selling the ﬂesh thereofas meat: as agent or trustee for any person-Orsocretyor for: any religious or, charitable nur- pose, or as a receiver, or who would so receive such rent if the land buildings): part thereof were let to a tenant; (14) ”prescribed” means prescribed by this .ACE or by rules or lay-laws made thereunder , (15) p11vate street" means any street, road, lane, gully, alley, passage or . Square which is not a public street as deﬁned 1n this Section, but does not include a passage securing access to less than four premises, 'or a passage provided 111 a ﬂeeting the partition of any building amongst joint- owners;‘ " (16) ”public street” means any street, road, lane, gully', alley, passage, pathway, square or Court, whether a thoroughfaie or not, over which the Public have a right of way, and includes - (a) the roadway over any public bridge or causeway, (b) the footway attached to any such street, public bridge or causeway; (c) ithe passage connecting two public streets and -. 1 i! (d) the drains attached to any such street, public bridge. or causeway, and, where there 15 no drainattachedtoanysuchstreet shallbe deemed to include also, unless the contrary is shown, allland upto the boundary wall, hedge or pillar of the premises, if any, abutting on the street v ‘ -or if agstreet alignment has been ﬁxed, then upto the alignment; (17) ”'sewage 'n1eans night- -soil and other contents of privies urinals, cess- pools or Chains and includes trade eiﬂuent and discharges f1 0111 manulactmies of all kinds ; ‘ ”slaughter house" means any place used for the slaughter of cattle, sheep, (19) ”’year ’means- a year beginning on the ﬁrst day of April. CHAPTER II The Municipal Authorities. 3. (1 ) There shall be establishedfor the town of Gangtoka Municipal Corporation consisting of such number of Councillms not exceeding nine in number as the State Government may specify in- -the notiﬁcation constituting the C01 porat1on ’1 he boundaries of the Corporation shall be speciﬁed' 111 the notiﬁcation and may, ' by notiﬁcation be altered by the State Government f1 om time to time (7.) The Corporation shall be a body corporate by the name of the Gangtok 1 Municipal Corporation having perpetual succession and a common seal and by that name shall sue and be sued. . ~ (3) The ﬁrst Councillors shall be nominated by the Government by notiﬁcation and shall hold ofﬁce for four years commencing from the date of the ﬁrst meeting of the newlyformed Corporationafter the notiﬁcation at whicha quorum is present. (4.) Subject to the provision of sub-section (3 ), the Councillors shall be elected on the basis of adult franchise in the manner prescribed by rules made by the State Government and shall hold ofﬁce for four years commencing from the date of the ﬁrst meeting of the Corporation after such election at whicha quorum is present ~ 4.. The State Government may, by notiﬁcation, divide the Corporation into Wards and for the purpose of the election of the Councillors determine the num- ‘ ber of Councillors to be elected from each such Ward. - ‘ “ ' 1 5. (1) A person shall not be eligible for nomination or election as a Councillor , ifsuch person - (a) has been adjudged bya competent Court to be of unsound n1: 1d; or ' U1) is under thnty one years of age; or (c) is an undischarged insolvent, or . ((1) being a discharged insolvent, has not obtained from the Cou1t a cer- tiﬁcate that his insolvency was caused 'by misfortune 'without any mis- ’ v conduct' on his part;. or ‘ (e) is a municipal ofﬁcer or servant or holds any ofﬁce of proﬁt under the - Corporation; or . , - (f) has directly or indirectly by himself or by his partner or employeer 01- any employee, any share or interest in any contract or employment . with, by, or on behalf of, the Corporation; or (g) is in‘ arrears for more than six- months in payment of anyr ate or tax. (1) if any person is or has been. conviCted by, a.- Criminal Court of an oilence punishable with imprisonment for a period of more than six months, such person shall not be eligible for election or nomination for ﬁve years f1 om thedale oi ex- piration of the sentence: ,

} ... ,.~.:::Provid~d ikt~'~n'appliciltiqn ina~~ ~y~ p~r.sQ·~,Aisqua:}jfiedunder this fub-sect'on, 1:''''', ,the State Government shalh}>yanorderrnade··'in.tpisbehalfremove the disq t,

\ .': 'j. fication if in the' opinion of ~he'State Government the offence does 'not in e moralturpi~ude;:'" ; : , ".: '. ..' -' . 6'.' Every person who is nomlnated-or elected as Councillor shall before taking his seat make and subcrfbe before such officer as the State .Government-may ~. auihorlse in this behalf an oath or affirmation in ,the following form, namely,

."1; A.B., having been nominated/elected a . Councillor of the Gangtok Municipal; Corporatlon.ido swearIn the name of God (or solemnly affirm) that Iwill bear true faith and allegiance to· the Constitution of India as .by law established andthatI will faithfully discharge the duties upon which Lam about to enter.' .'" .' '.' .

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

~. "&.;.·.,).·, ..il f)J.CouncjJJo~s 8.(1) 'The State Government' may remove a Councillo,r - (a) if the removal' is: recommended bya resolution of the Corporation'

passed at aspecial meeting called for the p~rpose and supported by , the Votes of not less than two ..thirds of the total number of the Coun .. cillorsof the Corporation holding office for the time being; or

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

(c) 'if he absents himself from the meetings of the Corporation for six ,months. continuously without having 'obtained 'permission J~om the Chairman, or in his absence from theVice-Chalrman ; or

(d) , if he refuses to act or becomes incapable of actil1g oris declared In; . solvent or if, after his appointment 'as' Councillor; he-is.convlcted of .'..,an offence which in the: opinion of the State GovernmentInvol ves mol' ;).',n,'j.', . turpitude' 'j or : ',' \ ' ," .', , ,

(e) if he acquires or continues to have directly or indirectly' by himself' or, his part~e.r or' his cgent, any share.or interest ..in anycontract Ox.~.;,.l .- employment with, by, or. 'on behalf 0'£ the Corporation or holds any .. office of profit under the Corporation] or. ". _ " '. ,.'. ·c. ~."

(I) if he is in arrears for more than one year· in payment of rates and taxes .', payable under this~ Acr.. .. ~'.~ .. ' " . . . " ,~.'

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

(3) All acts and proceedings of any Councillor shall, if done previously to such removal, be valid and effectualto all intents and purposes" ..' ,." ','. , . v._ . :;, 9. (I) The 'Corporatlon may subject.to the provlsions of..this Act.,~!1<;1,~he rules. .<,1" made thereunder from time, to time determine wh,ati~fficers and .other. servants' of the Corporation are nece~sary for the Corporation and 'may make appolntments " of sucl: officers and servants and fix their salaries and allowances •. ' ' .....' ..

(2) The Corporationmay d~l~g~te to tl>e.Ch~irJ;llan th~ power to appo~t ~nd dismiss such officers and servantsas it may deem fi~. .', ; !.. ' , ".' ,".,,:'< (3) No appointment ~o and.dismlssal from t;h~,pO~Fofanyofficer .0;r,s~rY4nt '\';:

carrying a monthly salary rising by perlodlcal increments tp more than.three hun-' ,." 'I' dred rupees shall be made by the Corporatlon under.vsub-section (I) or by the -. Chairman under sub-section (2) without ..th~,:appr~:ya19f the ,SFa.te.,G~v~nlment.·· " , . (4-) No person ,shall pe'eligible for employment ~s an officer or servant of the Corporation if he has, directly or 'indirectly by himself or .his partner or. employer or employee, any share.or interest in any contract OJ employment v,:ith,;by, or. on behalf of the Corporation and if any such .offjcer or .servant subsequently a<;:-, ,.,i· . .quires such share or in.~erest he may .be re.xpowd frorn s.eryj_~~)nac90rd.1nce .iwith;F}:, rules which may beprescribed ... ,:..' : ..• ;, . "e, ," ." ., .. ' .. \ '.' -, '''>' 1 ;,t,,·,,;;·

. 10. (1) The State Government~y,. after ,consultiP.g wlth.the-Councillors , if it ~': , thinks necessary so to. do.in the public .interest, appoin~ by norificat ion ; an 'Exe-' •. ,~;,". cut ive Officer for the Corporation. an~ skl.l make such cppolntrnent; iLin,.ils . 1 opinion the affairs of the Corporation are .not properly nlanagcd,. pI' can not be i managedin accordance with law, for, .suer perlod, ~o~e'.'ce~ging .o.~~",,}'car:.ala. time as.may be specified in .the notification. '. . ;.X< .'

(2) . The Executive Officershall be paid out ~f~~e.Muni<;ip'aJi~f~nds~clpalary', and allowance as niay from ~~m~.~o .time to ge.,.~xe~;by "l,~~\~,tat~;GOVl;?lp'I~l(:nJ." (3) The Executive Officer appointed .under':~N? ,s~fti?~.l shall exercise such'

powers of the Chairmanor of the Corporatiol1as,nl;iy.bc:conr~lTcd on hlmLy , . notlflcacron. by the .State Government and 0)1 such n<;>.qfica(i(,)llsuchpowers, shall . -. cease to be exerciseable by the Chairman 0,1' by the'Co,rporation a's the Casemay ~e;.·.· ",

'. I 1\1 11 1II11 11111111 "1 I I I II I \ I

'Oath oj alleeian ce to . k ca/;:m b.lllHf: - - C-xJJKil1ors '

£ieaioa of Chairman "a,;.} ,ice-Chairman' v '"

;;~'(~. -.

.. f

Appoill LIllt:Ilt oj Su- bordinate OJficers

, r

.j,

I'll

t : 'Oah qfallegidlice to ' 5: when by the ' Caucdli’ars Election of Chairman » and rice-Chairman L’a’ladidl q] Councillor: Appoiu uncut afSu- bardinatc Officers ~ {(233 resale "* ‘3" " ‘ '5 ” Provided that;'on application made bya person diseua'liﬁed under this sub-section, the State Government shall by an order made 'in this behalf remove the disquali- ' ﬁcation if in the opinion of the'State Government the-'oﬁ‘ence does not involve ; moral turpitude; ' ‘ ' ’ ’ " 6. ‘ Every person who is nominated or elected as Councillor shall before taking his seat make and subcribe before such ofﬁcer as the State Governmentmay " authorise in this behalf an oath or afﬁrmation in the following form, namely, "‘1; A.B., having been nominated/elected a Councillor of the Gangtok Municipal; Corporation, do swear in the name of God (or solemnly afﬁrm) that Iwill bear true faith and allegiance to the Constitution of India as 'by law establishedand thatl willfaithfully discharge the duties upon which Iam about to enter.’ ’ ' ‘ " ' ' ' 7. At the ﬁrst meeting of the Corporation, the Councillors, after making and subscribing the oath of allegiance-under Section 6 shall appoint one of their member to preside at the meeting and'shall proceed to elect a Chairman and a Vice—Chairman of the Corporation. 8.(i) 'The State Government may remove a Councillor - (a) if the removal'is recommended'by a resolution of the Corporation passed at a special meeting called for the purpose and supported by . the Votes of not less than two-thirds of the total number of the Coun- cillors of the Corporation holdin ofﬁce for the time being; or (b) if he has been declared by the State Government by notiﬁcation issued after due enquiry to have violated his oath of allegiance; or (c) 'if he absents himself from the meetings of the Corporation for six monthscontinuously without having obatained permission from the Chairman, or in his absence from the Vice-Chairman; or (d) if he refuses to act or becomes incapable of acting or is declared in- solvent or if, after his appointment as Councillor, he is convicted of ', ,anoﬂ'ence which in the opinion ofthe State Government involves mor a" “ turpitucle‘; or " , 1' (e) if he acquires or continues to have directly or indirectly by himself , or his partner or his agent, any share or interest in any contract or employment with,by, or'on behalf of the Corporation or holds any ofﬁce of proﬁt under the Corporation; or , . . - - (i) if he is in arrears for more than one year: in payment ofrates and taxes payable under this, Actr ' ’ (2) Before removinga Councillor under sub-section (1), the State Government shall allow the Councillor concerned amopportunity of being heard. . (3) All acts and proceedings ofany Councillor shall, if done previously to such removal, be valid and elTectual to all intents and purposes. . \ 9.(t) The Corporation may subject to the provisions of this Act and the rules made thereunder from time to time determine what ofﬁcers and othertservants of the Corporation are necessary for the Corporation and may make appointments of such ofﬁcers and servants and ﬁx their salaries and allowances. (2) The Corporation may delegate to the Chairman the power to appoint and , dismiss such ofﬁcers and servants as it may deem ﬁt. a l Jppoinunent quxe- 'au'u Officer by the 2Seat: Cater-unreal; (3) No appointment to anddismissal from the post of anyofﬁcer or servant carrying a monthly salary rising by periodical increments to more than three hun-' tired rupees shall be made by the Corporation under sub-section (1) or by the Chairman under sub-section (2) without. the approval of the State G0vernment. (4.) No person shall be eligible for employment as an ofﬁcer or servant of the Corporation ifhe has, directly or indirectly by himselfor his partner or employer or employee, any share or interest in any contract or employment with,,by, or- on behalf of the Corporation and if any such ofﬁcer or servant subsequently ac-, . V ' ,quires such share or interest he may be removed from service in accordance ‘with ., rules which may be prescribed. . V . - io.(x) The State Government may, after consulting with the Councillors, if it i ' . thinks necessary so to. doin the public interest, a point by notiﬁcation, an Exe- cutive Ofﬁcer for the Corporation and shall ma e_su'ch appointment-if in its opinion the affairs of the Corporation arenot properly managed or can not be '* managedin accordance with law, for such period not exceeding one_.,year at a time as. may be speciﬁed in the notiﬁcation. ' (2) - The Executive Ofﬁcer shall be paid out of the Municipal Fund such salary - ~ and allowance as may from time to time to be ﬁxed- by the State Government. (3) The Executive Oiﬁcer appointed under thissection shall exercise such powers of the Chairman ,or of the Corporation as may be conferred on him by V notiﬁcationby the State Government and on such notiﬁcationvsuch powers shall cease to be exerciseable by the Chairman or by the Corporation as the case may be . I l l

POlllelS oj the Exuu- 'i~',Ojjicer

,ll'~LjIl8 s and persons Co preside at meecJnB

D,' cisio us oj questions and COj'tin8 Vote and prohivi tion Jrom votiIl8

~olufll and adjourn- lJl<ntJOI wan t oj quor- rum:

! •

PQ)Ver:j9f tne ~rp~ft\t~. ,: , ': ,'. . "-' ' ' (~) The State GoveIWllent~y ~t~n.ytlme li\1sl'«m~,remove, d~smiss or~l~e'r-

wise punish the Executive Officer appointed under ~hj~Section.' .', ' " , . p. (1) The Executive Offiq:r ~~Jl 9~t4~prjACipal executive Qfr.~qof tpe Cor-:

poratlon qIl~ all other QffiS;~fSf'uq liefYAiJ.t~of the CQrp9r~~ion s~l~ be subordinate , to hiJfl e . ,H.~~hall~ve ~he ~Wle right Qfl?e~Jlgpresent ",tAll1eeting of the Corpora- ~ipll or ~ny specia] or lit~dirig~0mlrit.~~e~ and of taking part in 'the discussion thereat' as if he W~1i~ CQlWcillpr,qra ~Illb~f ~f~he Committee, but he shall not be entitledto VQt~ Fltsuch mee~ihg. '. ,fj ; .,.,,' ,; " ,:" ' , ",

(2) Subjec; to the prqY~:jion~of ~"b~~ectiQJl (~) 'and sub-section (4),of section 10, the Executive' Officer shall act In r~~pej:;~of~npther matters' underthe direc- t ion of the Chairman ~l}rQ\lghwhom ~,s~ll be responsible t9 the Corporation, J z . The Corporaticn may, ~\l~*~~ te thf! ~anC~~91lof the S~~~~C.Qvemln~AtJ' make rules as to -

(i) the appointm~ntl leave, dudes, conditlons of service, disciplinary , proceedings, punishment or disrnlssal and removal qf the officers and

servants of the Corporatlon ; ,; , , (U) the granting pf pensions, grat!J.~~ie~,bonuses or other grants and allow-

ances to or f9r the pffl<r~r~~Aqservants of the Corporation out of the M\.Jn.~c~pqll14Dtql!; , , , , ' '

(iH) the creation and ~AAgemen~ pf ~ provident fund or annuity fund, for / ~oJl1pelling ccntrfbutions to sut:h provident or annuity fund on the part.of their 9fficH~ ~nq~~fYi1Jlts/and for supplementing such contri- butions out of the Ml.Jni~jpal Fund ; .', ," '

(jv) the nature find amount of security to be furnished by different classes o{- officers and servants 9f the .corporat lon for the Fl:(Jl-er discharge of" thelr q~~les' , "" 'v,:;, " ,'-

(v) the pilymeJlt to be ~qS':P},1t of the Municipal Fund to the Chairman, Vlce-Chairman, Councillors and officers and servants of the Corpora- tlon for tr~velling expenses as may be incurred in performing journey:), for carrying O\.1.tfor purposescf ~hi4Act.

Conduct 9f b"~~q~~j. 13. (1) The Chairman or in his absence, the Vice-Chairman shall call a meeting

of the Corporation atleast once in every month. ' , (2) The Chairman or in his absence the Vice-Chairman shall call a .speclal meeting of the Corporation on a requisition signed by not less than one-third of the total number of Councillors; if the Chairman or Vlce-Chalrman fails to give notice of a special meeting tP be held within fifteen days after such requisition has been made, the meetings may be called on seven days notice by the Councillors signing the requlsltion. ' " ' . " . (3) The Chairman, Or in the absence, the Ylce-Chalrman shal] preside at every

meeting and in his absence of both the Chairman and the Vice-Chairman, the Coun- cillor bhall choose one.of theirmember to preside.' ' , ' 14.(1) All questions which maycome before the Corporation at a meeting shall be deeided by a majorlty of votesand in case of equality of votes, the penon presiding shall have a second or casting vpter: i.1 ,,!, _.' ". :,; (2)' NoCouncillor shall vc;>l,eon ilonymatter affec~jng his own pecuniary interest

or on any questlon ~xclu~ivdy relating to his llabtlity« to any taX,'·2,:<.:,toll or fee or any asseb~me~t of himself or valuation of any property in which he is in any way interested as owner"llla,nager or agent or otherwlse..' ",: 1S. (1) No business shall be transacted in any ,meeting of the Corporation unless a , quorum shall be present. .

I III I

(2) On~~lhird of lh~ total number of the Councillors holding office fo; the time being shall be the quor.um jproviAtd '\hat, in case where the .total number of Councillors holding office for rhet ime being is not evenly divlsable by three, the one-third Ihall be as cert alne d by laking the number next.above such icial num- ber which is evenly dlvi, ••ble by t hree , as t he number lO be divided. ' ,,'

(3) If at ,the appointed t irne for a meeting, Or within hal! an hour rhereafi er , a quoruni' is ~Qt present, the meeting rhall be adjourned lO somefuture day to be appolnu d hyl,hd::hah Iru~ or,'in his •.bsence , by ihe Vlce-Chah mcn'end thre e day's notice of such adjourned mee~ing Ihall be ginn, and no quorumshall be necessary (o! such adj()urntd'meeting., .",'. ' , " '.

NoJUce oj meeting and 16.(1) A ~ist of the buslness t o.be tramacleda,t a me~tiIlg;.nd,jn the case ofme cting 141.0] busit: ess and called on ~ requisition, the terms of the T{quish Ion, shall b~ sent to cvery Councl- oIW~W oj pr()~eedjDB s : llor at least three dayi' before the, date ~FF~ipl(.d.fQJ' lh~ meeting and nc:>buslness

, . .'" , '<:k :,' """~"':': .. ,:~\,~'~';I:'\;!" L:, I ','; ;:'~'" ' ,~t',; •• "t • >

" "'<'- , . ,", .., .•. II

, ,

Powers ofrhe Erect:- ; tire Ojﬁt‘tr Pour to malt: ruler; ﬁlming: and person: to preside at meeting Dn‘i‘s’iuns qfquem'ans um! carting Vatzand powers or me Corporation. I, g‘y— , : .1- .. . .- «\J_ _ (5) The State Government may at any time suspend, remove, dismiss or other- wise punish the Executive Ofﬁcer appointed under this Section. u.(i) The Executive Ofﬁcer shall be the princi a1 executive. officer 9f the CW- poration and, all other ofﬁcers and servants 0f the orporation shall be subordinate to him. He shall have the same right of being present at a meeting of the Corpora- tion or any special or standing committee, and of taking part in 'the discussion thereat as if he was a Councillor or a member of the Committee, but he shallnot be entitled to vote at well meeting- , . (2) Subject to the provisions of subvseCtion (3) and sub-section (4) of section 10, the Executive Ofﬁcer shall act in respect of all other matters under the direc- tion of the Chairman through whom he shall be reSponsibie to the Corporation. 12. The Corporation may, subject to the sanction of the State Government, make rules as to - . (i) the appointment, leave, duties, conditions of service, disciplinary proceedings, punishment or dismissal and removal of the officers and servants of the Corporation; (ii) the granting of pensions, gratuities, bonuses or other grants and allow7 ances to or for the officers and servants of the Corporation out of the. Municipal Funds; (iii) the creation and management of a provident fund or annuity fund, for - compelling contributions to such provident or annuity fund on the part of their ofﬁcers and servants, and for supplementing such contri- butions out of the Municipal Fund; (iv) the nature and amount of security to be furnished by different classes of ofﬁcers and servants of the corporation for the proper discharge of their duties ' r (v) the payment to he made out of the Municipal Fund to the Chairman, Vice-Chairman, Councillors and ofﬁcers and servants of the Corpora- tion for travelling expense; as may be incurred in performing journeys for carrying out for purposes thhis Act. Canduct of business. 13.0) The Chairman or in his absence, the Vice-Chairman shall call a meeting of the Corporation at least once in every month. ' (2) The Chairman or in his absence the Vice—Chairman shall call a speCial meeting of the Corporation on a requisition si ned by not less than one-third of the total number'of Councillors; if the Chairman or Vicar-Chairman fails to give notice of a special meeting to be held within ﬁfteen days after such requisition has been made, the meetings may be called on seven days notice by the Councillors si ning the requisition. (3) The Chairman, or in the absence, the VicesChairman shall preside at every meeting and in his absence ofbolh the Chairman and the Vice-Chairman, the Coun- cillor shall choose oneiof their member to preside. i4.(r) All questions which may come before the Corporation at a meeting shall be decided by a majority of votes and in case of equality of votes, the person prahibizionfram voting presiding shall have a second or casting vote. QADIUH] and adjourn- (2) No Councillor shall vote on any matter affecting his own pecuniary interest or on any question exclusively relating to his liability - to any tax, rate, toll or fee or any assessment of himself or valuation of any property in which he is in any way interested as ownernrnanager or agent or otherwise. - 15.0) No business shall be transacted in any meeting of the Corporation unless a wcmjbr want qfquar- quorum shall be present. rum. [is ofburin m and (2) One-third of the total number of the Councillors holding ofﬁce for the time being shall be the quorum; provided that in case where the total number of Councillors holdin oﬁice for the time being is not evenly divisable by three, the one-third shall e ascertained b taking the number nextrabove such toial num-. her which is evenly divitable by three, as the number to be divided. (3) ll at the appointed time for a meeting, or within hall an hour thereafter, a quorum‘ is not present, the meeting thall be adjourned to some future day to be appointed by the,Chai1 min Or, in his absence, by the Vice-Chaiimzntndthree day’s notice of such adjourned meeting ihall be given, and no quorum shall be necessary for such adjourned meeting. ' Milt: queeting and 16.(|) A list of the business who tramactedata meetingandﬁn the case Ofmlcting called one requisition, the terms of the re quisition; ihall be sent to eVery Counci- m‘aum qumruding: : llor at least three days- btl'ore the date appointed for the meeting and no business :.,

, ~ Foruiatlon oj sta nding , 'Cotnm) tree:

Formalion oj [oint Conunittees :

Decision oj disputes between loca J. autho- t iiies :

Power (0 make rules asto b usin ess oJ Corporation and the Conunittee :

Val idauon of acts und proceedings:

'orporotion mOJ cquire and dispose 'opersv:

of which such notice has not been giyen shall be brought forward 'at a meeting. (2), Minutes: of the P1'?ce!!di!lgs()f a1) ~~etings,of t'~eC;:orpor.at.io~, in which

shall be recorded interalla tIiep~mes,9(illl the Councillors present, and the person presiding, shall be ente,red ,i~to:~ book ,t9 be, kepF for the purp'o,~eandshall be sig- ned by the person presiding over the meeting and such book shall be open to ins- pection of the tax-payers.r-" ", ,j': " ' ,'.', " (3) The minutes shall be l~!~ before the next m~eting of the Corporat ion [or

confirmation anc' shall be ahq;signed by the person, 'presiding at such meeting. 1:.- .1: I) The CorporatJon n~y from time to timeappoint standlng-committees and by specific resolution delegate to; or withdraw from, such committees any of its functions, powers and, duties. ' , ',;, " (2) Each standing committee shallconsist of.Councillors who shall not be less

than two-thirds of the total number of the members of the Committee and such other penons not exceeding 'one-third in number as the, Corporatlon at,~ meeting may.Trorn t imeto time, 'determine and nominate [or this purpose. "

(3) All the proceedings of any such committee shall be .subject to .confirmation or modification by the Corporation unless in ~pecialca~e the Corporation at a meeting otherwise directs.' , ' .

(4) All questions regar~ing the removal or resignation of members of a Com- mittee shal] be decided by the Corporation" , ' .; , " " 18.(1) The Corporation may join with any other localautborlty In constituting out of their respective bodies.a [oint committeefor at:lypUrpo,sc,in ,'f.h.ich.they may be jointly Interested and in delegating to any such' joint committee any Jower which might be exercised by.the Corporation or, any of the.local authorities con- ' cerned. " ' ,

(2) Such joint committee may, from rime to ,time, make rules asto Its procee- dings and as to the 'conduct o~correspondence relatingto the.purpose f<!f, )"hich it ' is const iturcd. " 19. If a-dispute arises' bftwe(n "the' ,'Cq'rroration and. any' ~,t~~r,,'[~cal authority on any 'matter in which they are jointly Interested, such dispute ~~ll ", be referr, d to the.St ate- Government whose decision shall be finaland shall not',' , be questioned In any Court, " .;,,': t ' . ",' .•;.', "'"i>i,: r" ',' 20. The Corporation may;slfRjec,q9 the, sanction of the' State Government. ' make rules as t?-" , , ", .. ,L '

.~_.'l' ..j'- • i.':.' ~.,

, (a) the t.Ime of its meetings, tpe .busfness to be .transacted at meetings

..and the period,qf,~qti.c;e,of!meetings and the manner in which such .. notice ~hall be given;" "_ .' ' , "

(b) .rhe conduct and control of procee dings at meetir)gs, the-due record" , "of all discussfon- and dissents and the adjournment of meetings; ,(c), thecustcdy.ofthe common seal; ,'~' , "" ., ,;~',,),,:, (d) ~he,divhion ofduues ',mong,tfe Councillors and the powers ,to be

exercised by the Councillorsto whom, particular' duties .are assigned; (e) the manner ofappolntment and the.connft urlonof committees and

the l'egu~at,ion and .conduct of their. business ; and ',', ',,, ,(f) the delegation of powe!:'s or duties to, committees or to tb.!!Chalrman

of- a committee., ' 2 I . (1) No act done or proceedings taken under this Act shall be questioned on"

the gro,un~ merely of-, " " ':,', . ' , . " (a) th existence of any vacancy in or, any .defect in the const itut ion of

the Corporat ion or any standing, [ointor.other, committeesor any ,~isqudificati~n in less then.bclf'of thl : Councillors or-members of the Commiu ee presentwhen the act or proceeding was done or taken;

(t-) any 'defect or irregularity not iiffe-cting the me-rits of the case, ' (2) Every meeting of ,theCorp,ol'ation,,'or any .of .the stari9ing, joint

,or other comm,itte(s"the minutes of the proceedings of whicb have been duly !>ign(.dby the .person pre~iding over: the' ,meeting, shall be deemed to, hive been duly convened and when the minutes are confir- , med at .a-subsequent.meeting shall ibe deemed to be Ireefrom all

, defectsandIrregularltjes .and-the accidental ornisalonto serve.not ice of, a'l,11eeting o~ ~ny Councillor shal l not affectthe v••lidityroLthe meeting.,; " ';/' ",,' '.' 'j'" ','; ;'~'J~',~:"..:,.~>.,~~,:,:

CHAPTER III. ' 7" ';, Municipal 'property and 'finance.

. I' • , " • .;'../ ".~ y" ~'~<rf-' '1"1': .~~~ " ...,,!;;': r ~ •.••. ,,';.~.• ~:.~:.:~'

22. The Ccrporatton may acquire by' gift,~ purchase 'or;'otherwise " and hold' ' property whether moveable or immov able within or without the llmits of the Corporation and may ah o se ll or otherwise .dlspose of.such propert y in Eunuance of-a resolution at a meeting." I

, I II I

.. .,,' ~.-

, 5:2.~ ., , ' . ' of which such notice s hot been given shall be brought forward at a meeting. (2) Minutes: of the proceedings of all meetings of l- e Corporation, in which shall be recorded interalia the names 'of all the Councillors present', and the person presidin , shall be entered’into a book to be kept for the purpose and shall be sig- ned by t e person presiding over the meeting and such book shall be open to ins- pection of the tax-payers. ‘ (3) The minutes shall be laid before the next meeting of the Corporation for conﬁrmation and shall be also signed by' the person presiding at such meeting. f Formation qfrrancling 13;.(1) The Corporation may from time to time‘appoint standing committees and ”Committee: by speciﬁc resolution delegate to, or withdraw from, such committees any of ' its functions, powers and duties. , (7.) Each standing committee shall consist of. Councillors who shall not be less than two-thirds of the total number of the members of the Committee and such other persons not exceeding one-third in number as theCorporation at a meeting may, from time to time, determine and nominate for this purpose. (3) All the proceedings ofany such committee shall be subject to conﬁrmation or modiﬁcation by the Corporation unless in special case the Corporation ata meeting otherwise directs. . (4) All questions regarding the removal or resignation of members of a Coni- > mince shall be decided by the Corporation. Formation ofjoin: 18.(i) The Corporation may join with any other local authority in constituting Committee: : out of their rcspecrive bodies a joint committee for any purpose in which they may be jointly interested and in delegating to any such joint committee any power which might be exercised by the Carporation or any of the local authorities con- cerned. . ' (2) Such joint committee may, from time to time, make rules as to its procee- dings and as to the conduct of correspondence relating to the purpose for which it ' is constituted. Decision afdispuier 19. if a~dispute arises between the Corporation and any other local bclwcen lacal aurho- authority on any matter in which they are jointly interesttd, such dispute shall (ilicJ: be referrt d to the State Government whose decision shall be ﬁrml and shall not be questioned in any Court. » ~ . . ‘ Power lo make rqu 20. The Corporation may, subject to the sanction of the State Government. as robustness of make rules as to— _ - Corporation and the . . - . Committee: (a) the time of its meetings, the business to be transacted at meetings and the period of notice of meetings and the manner in which such notice shall be given ;. ~ (b) .the conduct and control of proceedings at meetings, the~due record of all discussion and dissents and the adjournment of meetings; (c) the custody ofthe common seal; ' . , (d) the division of duties among tl‘e Councillors and the powers to be . exercised by the Councillors to whom particular duties are assigned; (e) the manner of appointment and the constitution oi committees and the regulation and conduct of their business; and , (f) the delegation of powers or duties to committees onto the Chairman of'a committee. ‘ Validation y'actr 11.(i) No act done or proceedings taken under this Act shall be questioned on, and proceedings: the ground merely of— ' (a) th existence of any vacancy in or any defect in the constitution of the Corporation or any standing, joint or other committees or any disqualiﬁcation in less than half of thr . Councillors or members of the Committee prestnl'whcn the act or proceeding was done or taken; ('0) any "defect or irregularity not affecting the merits oi the case. (1) Every meeting of the Corporation, ’or any of the standing, joint or other committees, the minutes oi the proceedings of which have s been duly signed by the person presiding over the meeting, shall be deemed to have been duly convened and when the minutes are conﬁr- med at a subsequent meeting shall be deemed to be free from all defects and irregularities and the accidental omission to serve notice of a'meeting on any Councillor shall not affect the’ validity of the meeting. ,' - » . . A CHAPTER III. Municipal "property and ‘ﬁnance. 'orparaiion may 21. The Corporation may acquire by‘ gift, purchase‘onotherwise and hold squire and dispose property whether moveable or immovable within or without the limits of the '"P‘m ; Corporation and may also sell or otherwise dispose ofsuch property in pursuance ofa resolution at a meeting.

~iJJ

I Fund:

~J"'LH ve sc Ul anl.\ Ut:l0J1g 10 rne: ~orporatlon ana snan , With all ot ncr proFl.'ny or of whatsoever nature or 'kind which may become vested in the Corporation, be under its direction, management and control, that is to say-

(a) all public streets ~d all things connected with or provided for such streets' ,:.

, . . '" • ~ .{ .;'... f . , .

(b) all public channel,water courses, ~prings, tanks, reservoirs, ciste~ns, walls and other water-works, hridges, buildings and all other materials or things connectedtherewith i . ' '

(d) 'all sewage, rubbish and ,ofTemive matters deposited on streets or collected by the Corporation from streets, .. larrIncs , ur ina ls, sewers, cess-pools and, other places ; " > '/',

(e) all public lamps, lamp-posts cndcpperatusvconnectcd therewith .or appertaining thereto j and '

(f) all buildings erected by the Corporation and all lands, buildings or other property transferred to the Corporation or acquired by gift; purchase or otherwise.

(2) The State Government may, "by notification, exclude any st rcct , bridge, sewer or drain from the operation of the Act or any' specified provisions of this Act.

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

(2) Every contract nude on behalf of the Corporation in r~,pect of any sum, exceeding five hundred rupees or which shall involvc'a value exceeding five hundred rupees shall be sanctioned by the Corporation at a met~ting andshal l be in writing and signed by at least two Councillors, one of whom shall be the Chairman or Vice-Chairman and shall be sealed with the Common seal of the Corporation and unless so executed, such contract shall not be binding on the Corporation.

THE MUNICIPAL FUND 25.(1) There shall be one Municipal Fund held by the -Corporar ion intrust for the purpose of this Act to which all sums real ised or realisable under this Act and all sums otherwise received by the Corporation shall be creJitl\J., . (2) Unless the State Governrru nt otherwise directs, all sums received on account or the Municipal Fund shall be paid into a Government Treasury or into any Ban k used as a Government Treasury and shall be credited to an aCC0411t to be calk d the account of the Gangtok Municipal Corporation. (3) All sums from time to time credited to the Municipal Fund shall be applied in payment of all sums, chargt's and costs necessary for carrying om the PUI'POS;,:S or this Ad or of which payment is duly directed 01' sanct ioncd Ly or under any of the provisions of this Act or payment of which is dlrectcd or sanct io nc d Ly t le Corporat lon with the approval of the State Government. , '," ' 26.(1) At least two months before the close ofthe Yl!ar, 'the Corporation shall have prepared a complete account ofthe actual and expected receipts <lad expendi- lure for that year together with a budget estimate of the income and expenditure ' of the Corporation for the next ye;,.r. ' , (2) When the budget has been passed at a meeting, the Corporat ion shall obtain the approval of the State Government and shall not incur any expenditure except in accordance with the budget approved by the State .Government, , (3) A revised or supplementary budget may be passed by the Corporat lon- in the course of the year and, if approved by the State Government, the Corpora- lion may incur expenditure in accordance with the revised or supplementary GudgeL 27. The State Government may make rules;

(a) to regulate the application of the Munlclpol Fund to the pUJ'pOSCS , to which it is applicable; ,,' 1, "I. " '

(b) to regulate the keeping,che'cking and publication ofaccounts.and periodical audit there~f;, ' . ,- ..

(c) to regulate the preparation of the budget est imate including revised or supplementary budget estimate and ,lheexpcnc,lit<urc, of moriey:) for purposes provided therein ; '. . ',,' '

(d) to provlde for the retention.of adequate working and dosing balances'; (e) to regli~,a,te the preparation, submission and publication of returns,

statements and reports by the Corporation and to prcscI iue registers 'arid f0l'l115:; , .'

(f) todetermine the 'persons 'by whom orders for, payment: dr mone " ,:;

I I III n 'II I III I

' Fund: mile rules: stun vest 111 anq ueiung to the corporauon and anal], With all Olllcl‘ property 0! of whatsoever nature or kind which may become Vested in the Corporation, be under its direction, management and control, that is to say— (a) all public streets and all things connected with or provided for such streets; (b) all public channel, water courses, springs, tanks, rest‘n'oirs, cisterns, walls and other water- works, bridges, buildings and all other materials or things connected therewith; (c) allpublic sewers and drains and all works, n1ate1ials and things per- taining thereto and other conservancy works. (d) all sewage, rubbish and oilensive matters dcpositcd on streets or collected by the Corporation from streets, latrines, urinals, scwus, cess-pools and other places; ’ (e) all public lamps, lamp- posts and apperatus connected therewith or appertaining thereto; and (i) all buildings erected by the Corporation and all lands, buildings or other property transferred to the Corporation or acquired by gilt; purchase or otherwise. (1) The State Government may,"by notiﬁcation, exclude any street, bridge, sewer or drain from the operation of the Act or any specified provisions of this Act. 14.0) The Corporation may enter into and perform any contract necessary for the purpose of this Act. (2) Every contract made on behalf of the} Corporation in respect of any sum exceeding ﬁve hundred rupees or which shall involve a value exceeding five hundred rupees shall be sanctioned by the Corporation at a meeting and shall be in writing and signed by at least two Councillors, one of whom shall be the Chairman or Vice-Chairman and shall be sanded with the Common seal of the Corporation and unless so executed, such contract shall not be binding on the Corporation. THE MUNICIPAL FUND 25. (1) There shall be one Municipal Fund held by the Cor‘pomtion in trust for the purpose of this Act to which all sums realised or rcalisable under this Act and all sums otherwise received by the Corporation shall be credited. (2) Unless the State Governmtnt otherwise directs, all sums received on account 01 the Municipal Fund shall be paid into a Govci nn1cnt Treasu1y or into any Ban k used as a Government Treasury and shall be c1edited to an account to be called the account of the Gangtok Municipal Corporation (3) All sums from time to time credited to the Municipal Fund shall be applied in payment of all sums, charges and costs necessary for carrying out the purposes of this Act or of which payment is duly directed or sanctioned by or under any of the provisions of this Act 01 payment of which is directed or sanctioned by Li e Coipmation with the app1ova1 of the State Gove1nn1ent. 26 (1) At least two months before the close of the year, the Corporation shall have prepared a complete account of the actual and expected 1eceipts and expendi- ture for that year together with a budget estimate of the income and cxpcnditme of the C01 pomuon ior the next year (1) When the budget has been passed at a meeting, the Corporation shall obtain the approval of the State Government and shall not incur any expenditure except in accordance with the budget approved by the State. Government. (3) A revised or supplementary budget may be passed by the Corporation- in the course oi the year and, if approved by the State Government the Co; poi: ..- tion may incu1 expenditme' 1n accordance with the 1 cvised or supplementary budget. 27. T he State Govmnmem may make 1ulcs; (a) to regulate the application oi the Municipal Fund to the purposes to which it is applicable; (11) to regulate the keeping, checking and publication of accounts and - peiiodical audit thereof; (c) to regulate the prepa1ation of the budget estimate including 1evised or supplementmy budget estimate and the expenditure. oi money for purposes provided therein; ((1) to provide for the retention ofade quate workingand closing balances , (e) to regulate the preparation, submission and publication of returns statements and reports by the Corporation and to presci ihe registers ‘and fo1 ms - (f) to determine the persons by whom orders for payment oi mone

•.fnllucJl value oj .;Holdings:

l~~,'" ,.," Bcstrlccion Ull theluiposition oj rarcs: •

Prepuratioti oj value- ,jvll Lis's:

Detertniua Cion o], , per cell wac oj ra te oj J-iuldill9 &.. pupa-

!: .ration uj'usscsseT:lCll t f::'LiH:

(g)

from the Municipal, Fund 'may. be, s~g!led;ho;' such payl;lent~ shall . be made and 'bY" whol,n ,r~ceip~s may be giVt;:l1; '. . ' to providc"'f6r' thesupply 'of certified copies of municipal records to the public and the levy of fees for suchsupply,

, ',' CHAPTER;~'hv~' -;: " - ' ; ,':';:: -' MUNICIPAL,TAXATION~-.. 'I

~8_ The Corporation may, from time to time at a meeting convened expressly for the purpo'se, subject to t heprovlsionof the Act, impose withinthe limits of the Corporation the folloWing rates, taxes and fees or any of thern i- ,

(a) a rate on holclings ,exc,ep,t h9ldings belonging to Slate -and Central Government, situated within the limits of the Corporation assessed on their annual value; •

(b) a conservancy rate on the annual value' of holdings; (c) a water-rate on the annual value of the holdings; (d) a tax 'on trades, profession and callings; , '. (c) ,any other tax, rate or fees whichthe Corporation is empowered to

, impose under any law for the time being in force. 29. (I) The annual value of a holding shall be deemed to be the gross annual rental at which the holding may reasonable be expected to let. ' (2) If such gross annual rental cannot be easily estimated or ascertained, the annual value of such holding shall be deemed to be ana~lount which may be equal to but not-exceeding seven and half percentum or) t.Jil?valu,r of the building or buildings on such holding at the' time of assessment plus a re~sonab\G, ground rent for the land comprised in the holding. , ". ' (3) The value 'of any machinery or furniture which may be on a holding sh;-dl not be taken into consideration in estimating the annual value of such hol(ling, under this section _" ' ",' 30. (I) The rate on holdings shall not exceed fifteen p crccntum 011 the annual value of holdings; , (2) The Corporation at a meeting may, either wholly or partially. exempt from the rate on holdings any hC!l~ing which is used exclusively as a place of public worship or for purposes ,of public charity or as public burial or burning ground under this Act or as a mortuary. ' , ' ' , (3) The water rate shall not be levied at more than seven and half per centum and shall be imposed only on holdings within an area for-the supply of water-to which the Corporation has made arrangements. ' , ", (4) The conservancy rate shall not be levied at more than ten per ,centum; on the annual value of the holdings and the Corporation shall make aTrangemcnts for the cleansing of all latrines" urinals and cess-pools. 'A 'rebate of seventy-five per centum of the conservancy rate levied on a holding: shall be al lowcdIf the lwlding is provided with necessary scnltary-typcIarrines .In working order ~~lJ with no service privy Or service-urinal. ", _ , , ' 3 I . (1) When it has been decided to impose any rate to becssesaed on the annual value of holdings, the Corporation at a n1eeting shall appOint an asses:9~ for t lic purpose who shall determine annualvalue of all bujl~ing{w)tl~in theCoIpo~~~io.n and shall enter such value in a valuation list. " ',"', .. ':' " ",~, (2) A new valu~tion lis't shall unless otherwiseordered bythe Slate.' Go:vernri1~nt be prepared in the same manner once In every five years, ' , " 32. (I) The Corporation at a meeting to be held bd'ore the close of the year next prcceeding the year to which the rate will apply 's}-iill determine t he percentage on the valuation of holdings at whlch any rate on the annual value'oi-holdings ;' shal! be levied and the percentage so fixed shall remain in force unt il.t hc.Corporti- tion at a meeting shal l determine some other percentage on't'he valuation of, ,hol~: dillgs'o.t which the rate, will be Ievled from the beginning of-the n~Xt'ye~r" ' (2) As soon as possible after the percelllnge<it which the rate or' rates shall be levied for the next yeal:has been dcterrnined under sub-section (I), i lie Corpora- tion shall cause to be prepared by the assessor an ssessment list, 'which shall contain the Iollowlng particulars and any other whlchtha.Corporat lon may think proper to include i- " " " '" ' .' _:'.,

(a)- the name and/or-number and other particulars of t.h.e~tre'e~)n which , the holding is situated ; , , . " " ".: =:..,':'':.'/'\' ,,' ~b) the number of 'the holding on the.'register;' ,,;, ;!i~", . ' ' (c) a description of the holding; ,', ' ." (d) the annual' value of the holdings; (e) the name ofthe owner and occupier; (I') the amount of rate payable for the year showing each rate separately; (g) the amount of quarterly Instalment, ,

I II I I I I I

I I

'I !

Annual value of Holdinyr: Restriction on the Imposition quterz Preparation qfvalua- mu Liris: Determination of pet courage qfrate quu/u'ing 8c prepa- ration (J'ustctseman : Lin: ' We! to lmpare Tam: , - urxvr-VW ruff"? if)” from the Municipal'Fund "may be signed, how such payments shall be made and, by whom feceipts may be given; (g) to provide for theivsupply of certiﬁed copies of municipal records to the public and the levy of fees for such supply. CHAPTER IV. MUNICIPAL TAXATION / 2 3. The Corporation may, from time to time at a meeting convened expressly for the purpose, subject to the provision of the Act, impose within the limits of the Corporation the following rates, taxes and fees or any of them :- (a) a rate on holdings except holdings belonging to State and Central Government ‘ situated within the limits of the Corporation assessed on their annual value; _ (b) a conservancy rate on the annual value of holdings; (c) a water-rate on the annual value of the holdings; (d) a tax on trades, profession and callings; _ (c) any other tax, rate or fees which the Corporation is empowered to impose under any law for the time being in force. 29.(x) The annual value ofa holding shall be deemed to be the gross annual rental at which the holding may reasonable be expected to let. (2) if such ross annual rental cannot be easily estimated or ascertained, the annual value of such holdin shall be deemed to be anamount which may be equal (0 but notrcxcee‘ding seven and half percentum on the value of the building or buildings on such holding at the time of assessment plus a reasonable ground rent for the land comprised in the holding. . (3) The value of any machinery or furniture which may be on a holding shall not be taken into consideration in estimating the annual value of such holding. under this section ,. . 3o.(i) The rate on holdings shall not exceed ﬁfteen percentum on the annual value of holdings; ’ (2) The Corporation at a meeting may, either wholly or partially, exempt from the rate on holdings any holding which is used exclUsively as a plaCc of public worship or for purposesvof public charity or as public burial or burning ground under this Act or as a mortuary. (3) The water rate shall not be levied at more than seven and ltalfpcr centum and shall be imposed only.on holdings within an area for the supply or water to which the Corporation has made arrangements. (4.) The conservancy rate shall not be levied at more than ten per centum on the annual value of the holdings and the Corporation shall make arrangements f or the cleansing of all latrines,_ urinals and Cess-pools. A rebate of seventy-ﬁve per centum of the conservancy rate levied on a holding: shall be allowed it the holding is provided with necessary sanitary-type latrines in working order and with no service privy or serviCe-tu‘inal. 7 . . 31. (I) When it has been decided to impose any rate to be assessed on the aiutu‘al value of holdings, the Corporation at a meeting shall appoint an assessor for the purpose who shall determine annual value of all buildings within the Corporation and shall enter such value in a valuation list. ' ' l ,. ' (2) A new valuation list shall unless otherwise ordered by the State Government be prepared in the same manner once in every ﬁve years. 31.(i) The Corporation at a meeting to be held before the cluse oi. the year next preceeding the year to which the rate will apply shall determine the percentage on the valuation of holdings at which any rate on the annual value"oi holdings shall be levied and the percentage so ﬁxed shall remain in force until the Corpora‘ tion at a meeting shall determine some other percentage on the valuation of hol- dings at which the rate will be levied from the beginning of the next year. (2) As soon as possible after the percentage at which the rate or'rates shall be levied for the next year;has been determined under sub-section (1), the Corpora~ tion shall cause to be prepared by the aSsessor an ssessment list, 'which shall contain the following particulars and any other which the Corporation may think proper to include:- , .. ' (a) the name and/or number and other particulars of the street in which - the holding is situated; ll ' ’ ’ ’b) the number of the holding on the register; (c) a description of the holding; (d) the annual'value of the holdings; (e) the name of‘the owner and occupier; (i) the amOunt of rate payable for the year showing each rate separately; (g) the amount of quarterly instalment.

by revalucing or re~assessing any· building. .. 1 •.•• ,~ ". f. '. \ 1

(2) The Corporation at ~ ~eeting~y red~c~ ~r re~lit the-amount. p~7able . 'as rate or rates on account of any holding. If it is satisfied that the levy ol such rate or rates would be -productlve of excessive hardship to the person liable to pay the same. , . ,; " "',,

H. (I) When the assessment li~t mentioned in sectiorl3 2 has been prepared or reviewed, the Chairman shall sign the same and shall cause it to be deposited in the office of the Corporation and shall also give notice of assessment to the owners and occupiers in re5pect of their respective holdings. ,

(2) Any person who is dissatisfied wlththe-amountof assessment in respect of his holding or disputes his liability to be assessed, may apply to the Corporation to review the amount of assessment or, valuation or to exempt him from the assessment of rate and such application shall be disposed of by the Corporation at a meeting or by any committee constituted and authorised by the Corporation by a resolution"

(3 ) No such appllcat ion shall be receivedafter the' expiration -of 60 days Fi om the date of service of the notice under sub-section (I).

(4) An appeal against any decision under subsection (2) m.•.,y be filed wit hin 30 ciays from the date of such decision before the District Officer wlthln whose jurisdiction the Corporation is situated, and the decision on appeal shall be tinal and shall not be questioned in any court.. '

Tax tv be paid 35. (1) The rate or rates assessed shall be payable by the owner in q~arterly instal- Quarterly in advan ce &.. merits and every such instalment shall be due in the first day of the quarter in IJ.Jli.:.: vfD':lIland: respect of which it is payable.

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

36. (1) If any person does not within sixty days of the 'service of a notice of demand under sub-section (2) of Section H pay the sum due either at the offic- of the Corporation or to some person authoriscd by the Corporation in this behalf or show sufficient cause for not paying the same, the amount of the arrear 'due :dong with interest <It the rate of twelve percentum per annum and with costs, may, at any time be levied by distress and sale of any moveable property belonging t o the defaulter except ploughs, plough-cattle, iools or Implements of agriculture or trade. '

(2) In the event of failure to recover th~ whole or any part of the sum due by' distress and sale under sub-section (1), the Corporation may SUe the penon liabl~ to pay the same in any Court of competent jurisdiction.

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

PO'r'iU oj elle Go vemtnen t 38. The State Government rna y by notification direct that the works as may t.;l dite ct Corporation be specified in the notification may be continued to be undertaken by the COIl- t", )' • .11..pUJlw:n t to tl: e cerned departments of the State Government within the Limits of the Corporation Depatunen: s oj the and that so long such works will be so eontlnued to be undertaken by the concerned C;O\'cfnment departments of the State Government; a portion of the taxes collected by the

Corporation as may be fixed by the State Government shall be paid by the Cor- pora t ion to the departments concerned ...

PO•• , '0 make Bules : 39. The State Government may make ruies- (a) prescribing the' qualifications of and the procedure to be followed

by, an assessor' appointed under this Act; . , (b) prescribing the procedure to be followed for reviewing .assessrnents ; (c) prescribing the f~rm of notices of. demand I under sub-section" (2)

of Section 35' and 'fixing the fees payable Inconnectfon with dlstress under this, Act; ,

Lely' b)' Distress &.. realisat ion bJ suit:

Tux oll,proJ~ssion, Trod.:s &:.. Callins:

',.

II III II II

of'

W Echo: remission of by revalueing or rc-assessing any-building. ‘* . ém. (2) The Corporation at a meeting may reduce or remit the amount payable -as rate or rates on account of any holding. If it is satisﬁed that the levy of such rate or rates would be productive of excessive hardship to the person liable to pay the same. 34.0) When the assessment list mentioned in section .32 has been prepared or reviewed, the Chairman shall sign the same and shall cause it to be deposited in the ofﬁce of the Corporation and shall also give notice of assessment to the owners and occupiers in respect of their respective holdings. (2) Any person who is dissatisﬁed with‘the amount of assessment in respect ofhis holding or disputes his liability to be assessed, may apply to the Corporation to review the amount of assessment or valuation or to exempt him from the assessment of rate and such application shall be disposed of by the Corporation at a meeting or by any committee constituted and authorised by the Corporation by a resolution.. ' (3) No such application shall be received after the expiration of 60 days fiom the date of service of the notice under sub-section (1). (4.) An appeal against any decision under subsection (2) may be ﬁled Wlll‘ln 30 days from the date of such decision before the District Oﬂicer within whose jurisdiction the Corporation is situated, and the decision on appeal shall be final and shall not be questioned in any court. Tax to be paid 35.0) The rate or rates assessed shall be payable by the dwner in quarterly instal- Quarterly in advance 8; ments and every such instalment shall be due in the ﬁrst day of the quarter in notice o/Demand: respect of which it is payable. (2) As soon as may be after any sum has become due on account of any tax, rate or fee, the Corporation shall cause to be presented to the persons liable a notice of demand in the prescribed form. [.1be Distress &, 36.(i) Ifanyperson does not within sixty days ofthe service ofa notice of demand realisation by suit: under sub—section (2) of Section 35 pay the sum due either at the ofﬁce of the Corporation or to some person authorised by the Corporation in this behalf or show sufﬁcient cause for not paying the same, the amount of the arrear due along with interest at the rate of twelve percentum per annum and with costs, may, at any time be levied by distress and sale of any moveable property belonging to the defaulter except ploughs, plough-cattle, tools or implements of agriculture or trade. (2) In the event of failure to recover the whole or any part of the sum due by distress and sale under sub-section (1), the Corporation may sue the person liable to pay the same in any Court of competent jurisdiction. Tax on profession, 37 . When it has been determined that a tax shall be imposed on any profession, Trade: 8; Calling: trade or callings,- every person who exercises within the Corporation, either by himself or by an agent or representative any such profession, trade or Callin shall take out a yearly licence and pay the tax as may be imposed by the Corporation which shall be realised in quarterly instalments. Poweloftliz Gowmmant 38. The State Government may by notiﬁcation direct that the works as may to Jire cl Corporation be speciﬁed in the notiﬁcation may be continued to be undertaken by the con- :4 iii-4k: puyiucn t to the cerned departments of the State Government within the limits of the Corporation Departments afthe and that so long such works will be so continued to be undertaken by the concerned Government departments of the State Government, a portion of the taxes collected by the Corporation as may be ﬁxed by the State Government shall be paid by the Cor- poration to the departments concerned. aim to make Rules: 39. The State Government may make rules— (a) prescribing the'qualifications of and the procedure to be followed by, an assessor appointed under this Act; (b) prescribing the prooedure to be followed for reviewing assessments; (c) prescribing the form of notices of demand under sub-seCtion (z) of Section 3; and fixing the fees payable inconnection with distress under this Act; -

,Conservancy and Drainage. (.p.) The Corporation shall, provide for the removal-s- , (a) of sewage, rubbish and offen~ive matters from all public latrines,

urinals and drains and from all public streets and other property vasted in the Corporation;

(b) if a conservancy-rate has be,en imposed under. Section, 2'8, of H wr ge and offensive matters from all private latrfnes, urinals and cesspools .

•p. (I) The Corporation at a meeting may from time to time pub'lish an order prescribing the hours within which only an owner or occup ier of any house Or land may place rubbish or offemive matters on the public, street adjacent to his house or lands, in a proper receptacle provided by the Corporai lon in order that .such rubbish or offeris ive matters may be removed by the servant.s of the Corporation., " ' ' , , (2) No person shall place ,or cause to be placed rubbish or offensive matters on a public street at other than the times appointed and except in the receptacles provided for, by the Corporation under, sub-section (I). " :,,'

Corporation to provide Water Supply and Lighting. '1I'(}La ;'lJPPIy and Liaht-

r oj corporation 4". rAllo), out, make improve-

, £S 'oJ&. close Pub lie

" I, r, f,·:-

Duties oj corporation Jor conservan C)' &.Jor the removal oJDrainaae :

Appoin ted Hours Jar Placillg rubbi sh etc. all Pub lic street :

illS

JjuilJill(,tSites ~ ere c- , &iOIl oJb uildina s : '

eo CionJar sane-

, pre~cribing th~ cond.itiolls and limit~tjons under .wh~ch a licence may be granted,(o~, the purpose of atax.ori.trades; professl?ns and callings; regulating any .•other matter' relating ro -tax, fees or 'rates in respect of which this' Act' makes 'no' provlslon or insufficient provision an d for which provision is, in the opinion of the State Government, necessary.

CHAPTER V. Streets. The Corporatron fn.pursuance .of a .declsion arrived at: a meeting

. " ~ inay-

(d)

(e)

(a) layout new streets, squares and gard~ns; (b) ,constr~ct new bridges, causewaysvculverrs, andsub-ways , " , (c) turn, divert or temporarily or permanently Close' any public square,

street or garden;' ' , widen, open, enlarge or otherwise improve any public street, square or garden; , " ',,', pass order regulating or prohibiting any ,description of traffic on any particular Or .on public streets in general or preventing obstruction, , , encroachment, or excavation on or near 'such street Or streets,

(d)

(c)

CHAPTER VI.' ,

, ; <.:'

43.(1) It shaH be lawful for the Corporation-

(a) t~ provide a s~fficient supply or water for the domesti'c use of the' inhabitants; ,

(b) to cause the public streets to be sufficiently lighted. (2) If a water-rate has been imposed under Section 28, the -Corporation shall

provide a sufficient supply of water for the domestic use of the inhabitants i If lighting-rate ,has, been imposed under secti~n 28, the Corporation shal] cause the public streets to besufficiently lighted. ,', " '

CHAPTER VII • .;.

Buildings~ ;, 44. No piece of land shal l be 'used as a site for the erection of a building and no building shall be erected otherwise than in accordance with the provision o(this Chapter and of any rule or by-law made under this Act; relating to, the u~e'of buil~' ding sites or to the erection of buildings, as th'e case may ,'be.' "'-:'." , f,~ H. Every person who intends to erect ~ building shallfirst submlr an.appllca- tion in the forms precribed to the Corporation ,toge~her with such plcns, ~pccifi- cations and other particulars as may be prcscrlbcd in any rule or by-law made in this beh~lf by the Corp0I:ation.: ' ' '.,' ,', ' - ' "" '"

_ Polo's-r ofcorpuralion ‘ rum: oft; close Public “(‘6‘)": Duties ofcorporatian ﬂu- conservancy &for 1; ‘1’ ) (d) prescribing the conditions and limitations under which a licence may be grantedfotthe purp0se ofa tax on trades, professions and callings; (e) regulating any other matter relating to tax, fees or rates in respect of which this- Act makes no provision or insufﬁcient provision and for which provision is, in the opinion of the State Government, necessary. , CHAPTER V. Streets. 4,0. The Corporation in pursuance of a decision arrived at a meeting la lay out, make imprave- may— (a) lay out new streets, squares and gardens; (b) ‘ construct new bridges, causeways, culverts, and sub-ways; (c) turn, divert or temporarily or permanently close any public square, street or garden; >(d) widen, open, enlarge or Otherwise improve any public street, square , or garden; . (e) pass Order regulating or prohibiting ‘any description of trafﬁc on any particular Orcnpublicstreets ingencral 'or preventing obstruction, encroachmentvor excavation on or near such street or streets, CHAPTER VI. Conservancy and Drainage. (4L) The Corporation shall provide for the removal— (a) of sewage, rubbish and offensive matters from all public latrines, the removal afDrainagu urinals and drains' and from all public streets and other property Appointed Hoursjbr Placing rubbish etc. on Public street: vasted in the Corporation; (b) ifa conservancy-rate has been imposed under Section 28, of .‘tthc and offensive matters from all private latrines, urinals and ce'sspools. 4.2.(1) The Corporation at a meeting may from time to time publish an order prescribing the hours within which only an owner or occupier of any house or land may place rubbish or offensive matters on the public street adjacent to his house or lands, in a proper rcCeptacle provided by the Corporation in order thatsuch rubbish or offensive matters may be removud by the servants of the Corporation. _ t (2) No person shall place or cause to be placed rubbish or offensive matters on a public street at other than the times appointed and except in the receptacles provided {or by the Corporation under.sub-section (I). . Corporation to provide Water Supply and Lighting. 'n'utcr supply and Light- ‘ ‘ lug Building-sizes §L erec- u'an oj‘b ui lding : .' 4.3.(1) It shall be lawful for the Corporation— (a) to provide a suﬁ‘icient supply of water for the domestic use of the inhabitants; ' (b) to cause the public streets to be sufﬁciently lighted. (2) Ifa water-rate has been imposed under Section 28, the Corporation shall provide a sufﬁcient supply of water for the domestic use of the inhabitants; if lighting-rate has. been imposed under section 28, the Corporation shall cause the public streets to be sufﬁciently lighted. ' CHAPTER VII. Buildings. 44,. No piece ofland shall be 'used as a site for the erection ofa building and no building shall be erected otherwise than in accordance with the provision of this Chapter and ofany rule or by-law made under this Act, relating to the use of buil‘. ding sites or to the erection of buildings, as the case may be. ' ' 4.5. Every person who intends to erect a building shall ﬁrst submit an applica. tion in the forms precribe‘d to the Corporation together with such plans, speciﬁ— cations and other particulars as may be prescribed in any rule or by-law made in this behalf by the Corporation.

uura Livll a Ild expi f)' of permission to erect &J Building:

A/Jpl ica Lion of A ct co alie rut ion o i adJicion lJ bujlJi/l~}:

OrJl!t fvt JemolWon altcrali~n oj bui l-

sonably require, tlle appllcant.io Furnlsh before d~ciding whether pcrmissicn ",\:111 be granted to execute any workunderthe aforesaid sectlon.Thc Corporation 5h;\I1 by writ ten order, either- ' ,. , ' .

(a) gral~t permission" ~o~aitio~ally'~or: unconditioru!ly'''to execute , the work, or

• •.•I ••\ • •••• ~ \ •••

(b) refuse permissiion .on tpe"ground that the plans, specifications ariel other part iculars are not In'conformity with the, rules or by-laws made in this behalf or 'that the proposed building is likely to affect the safety' of the site or its adjoining area or privilege, safety or sanitation of an Y neighboul ing b!,l,ilding or buildlngs or of the 10j:ality.: < .'

(2) When the Corporation gr~~iH)~r";nission'conditionally under 'clause (a) of sub-section (I), it may in ,regard thereto impose such conditions, consistentwith . this Act, as it may think fit, .t ,

(3) The decision of the. Corporation i~' th~ matt er of granting or not granting the permission as stated above shall be final and shall not be questioned in any Court. 47. (I) A permission to erect a building gr'anted under Section 46 shall, unless it IS rene'wed, on an, application .made . to the Corporation' for this only for two years. after' the 'date .on .whlch it is, granted, t':-..~essthe work of erection has been .commenced within that, perlod but ,in any case shall not continue for a period' longc::r than, three years from ,the said date unless it is so renewed." , -, " , ., ( ,

(2) Any person who ~rects' a building ~rcontinues the work of erection of a building, when the permission granted therefor has expired, shall be deemed to erect such building or to continue such work without sanction. '

48. (I) T.il~provislons of t~is Chapter arid' ~niruks' or by-laws made under this Act relating to the.erection of buildings, shall also apply to every rnatcria'[ alterationsofor additions to, any builqing, but shall not apply .to necessary repairs not involving:any of the works .which constitute a materlal.alterarlon oraddition.

/ ' (2) An alteration or addition inor to a1bi.iildirigshall,' for thepurpose of this

Chapter and "of any rule or' by-laws made under this' Act, be deemed to be material if~' J ... ,'.f " -: ".,', ,.'

(a) it increases or, diminishes the height ~f, the area covered by or the cubical capacity of the building or a.riy part thereof; or

(b), 'it affects o~ 'is llkelyto affe'ct prejudicially the stabil Ity or safetY of the 'building Or the condition ~f the building in respect of drainag~, ventilation, sanitation or ,hygiene; or? ". " , ..

(c) . i~ converts into a p lace for human habitation a building or pal:(of';I building originall y constructed for other purposes icr

(d) , 'it is an alterationoP~ddition 'declaredby a~1Yrule 01: by-laws made in this behalf to be amaterlal alterat lon or addit ion." '.' "

(3)' If any question arises as to whether a~y addit ionor a~~er~t:ion 'is ,n,e~essary r-epairs notaiTecting the position, safety, stability, use , sanitary condition or dimen- sion, of a, building or room, such quest ion sh a11be referred to t,he Corporation at .a meeting and the dec~s!onof the Corporarlon shal l be final, "; . , " 49. . If any building: or 'part of llny.,buildinghas been, commenced or cons- tructed not in conformity with die provisions of this Chapter .or any rules or by- laws made in relation to buildings', the Corporation may, in addition to any.prose., cut ion that nuy be instituted under this Act, apply to a Magi~trate and the Magis- trate may order such building or such portion thereof as the case may be to be de- molished after giving the owner of such.building an opportunity of being heard and of ad<lucing evidence, if he. is satisfied that the building or the portion thereof is affecting or is-likely to affect the health or comfort of rhe owner or occupier of any other building or the sanitation of the safety of any other building,.or till' site or has encroached upon ..any' public street, . .,.,' , . .,.,...

Si:>.' Th~'Corporatlcn, may makerules .rcI.l~ing ~~su~nijssioii an~ 'disp~'sal of ,a'ppli,cati~n:s. for and plaiisspecificatlons and other niitter ..in' respect of building and any other matter which It may deem necessary for carrying out the provisions of this Chapter.

I III

aeration and expiry ofpermisxion to erect a Building .' 1 Application ofA E: to alierulion or addition to building: I 101116 rfur demolition falteralian ofbuii- sombly require, the applicant to furnish before deciding whether pL1mission 1a“ be g1a11ted to execute any work under the aforesaid section the Corpoiation shall by w1it1en 01dor, either— (a) grant permission conditionally or unconditionally to execute .the work, or (b) refuse permissiion on the ground that the plans speciﬁcations and other particulars are not in conformity with the rules or by-laws made in this behalfor that the proposed building" is likely to ailect the safety " of the site or its adjoining area or privilege, safety or sanitation of any \ neighboui mg building or buildings or of the locality. (1) When the Corporation grants permission conditionally under clause (a) oisub-section (1) , it may in regard thereto 1mpose such conditions, consistent with this Act, as it may think ﬁt. (3) The decision of the Corporation In the matter of granting or not 5111111115 the permissionas statedabove shall be ﬁnal and shall not be questioned' 1n any Cou1 t. 47. (1) A permission to erect a building granted under Section 46 shall, unless it is renewed on an application made to the Corporation for this only for two years after the 'date on which it is granted, v‘less the work of erection has been commenced within that period but in any case shall not continue for a period longer than three years from the said date unless it is so renewed. , (2) Any person who erects a building or continues the woxk of erection oi'a building, when the permission granted therefor has expired, shall be deemed to erect such building or to continue such work without sanction 4.8. (1) The provisions of this Chapter and any rules or by—laws made under this Act relating to the erection of buildings, shall also apply to every material alterations of or additions to, any building, but- shall not apply to necessary repairs not involving any of the works Which constitute a material alteration or addition. (2) An alteration or addition in or to a building shall, for the pu1pose of this Chapter and of any rule or by-laws made under this Act, be deemed to be material if— (a) it increases or diminishes the height of, the area covered by or the cubical capacityvof the building or any part thereof; or (b) it affects or is likely to affect prejudicially the stability or safety of the building or the condition oi the building 1n respect ol drainage, ventilation, sanitation or hygiene; or (c) it converts into a place for human habitation a building or part ofa bu1ld1ngo11g111allyconst1uLLLd ior othL1 pu1poses; or (d) it is an alteration or addition declared by any rule or by- -laws made in this behalf to be a;mate11alalte1ation or addition. (3) If any question arises as to whether any addition 01 altLial: ion is necessary repai1s not ailccting the position, safety, stability, use ,sanitary condition 01 dian- sion oi a building or room, such question shall be reierred Lo the Corpmation at a meeting and the decision of the Corporation shall be ﬁnal. 4.9 If any building or part of any building has been commenced or cons- . t1ucted not in conformity with the provisions oi this Chapter or any rules or by- laws made 1n relation to buildings, the Corpmation may, in addition to any prosc- cuiion that may be instituted under this Act, apply to a Magistrate and the Magis- trate may 0rdLr such building or such portion thereoi as the case may be to be de- molished after giving the owner of such building an opportunity oi being heard and of adducing evidence, if he is satisﬁed that the building or the p01 L10n LherLoi is affecting or is likely to affect the health or comfort of Lhe owner 01 occupie1 of any other building or the sanitation of the safety of any other building, 01 the site or has encroached upon any public street, _ 59. The Corporation may make 1ules relating to submission and disposal of applications for and plans speciﬁcations and other matter in respect of building and any other matter which it may deem necessary £01 carrying out Lhe p10v1sions of this Chapter. «or

~:.";:-,;

~.,i) ~ .i_

~-:·:I~~. ~.;~,. {~'-~~: ". ~ -;"0 '.

}:~\

. "(2) Ifi:he'o'Yne·r. '(1) ~he ,CQrp9r~:~:io~: .Incurred th~lef9.r.'.frqql . arrear, of r!\~e:R~Y~h.I~.••..,,,'4 •••• '., •••• .,

'··J>f(}c.:,/(/r~ ill case oj . bui IJiJ)js JWlIcd u'!fit (vr liuuia u habitation.

Prac:!ilJolJ oj danacr [unn VUillOUT buildings ere,

".• Offensive and ~,"""""'4

••••• < <".. , oI<:'j:;-··

i, 1 '05} up etc. qfun- leusuiue wells, Dit- Appears to the’nCorpgratianto or offensive to the neighbourhood the owner or oecupier of the land 0 owner or chupien - (2) If the owpeq or occupi (1) the Corporation shall be e incurred therefor from the: 9wne Procedure 1‘11 case of 52. (1) lf,fo1' any reason, any buildinhg o buildian deemed unfit used 115,3 dwelling pla in order to it appears to the~C01pl habitation and that t e necessaryiteps a1 render it so ﬁt, the Corporation may ap ytto a i f . use of such building or: portions there as in the Opinion of the Ma . ‘ human ha ita’tion. Pru'etiuon qfdangcr 53. . V - lwm vuiuuur budding: Corporation'- that immediate .- 1. etc. ,. mincnt danger to person or repentyJ' structures or- anything afﬁx: thereto which appears 9 the. Corpo V or property, the Corporation mayltake‘ and in such 3 (cos t ghall to apply to the Mag grate; i such innncdiate' actio _ or applying to the m Prohibit cu- ‘ 54;; (1) No person’sha ' trade: without poration (which shall be renewable a ' namely; _ - , the C01 poratmn ma ,hy cistern reservoirior receptacle pegtains, @101 the land; as the such pool, ditch, tank, pond, pit ground, place' { 4 . 4 h orporati n to be u ('1 far [1111111111 habitation. tion, the Corporation may be nonce equire the wner V ding to make such alteration §§ 311;: Congratio may think ccessarx F1 I h ' tie:- may be ne essar Jﬂgnu‘ye 8; Dow as may be ﬁxed by the“Corpo1-atiqn att meeth gawit _ lly) f0 pier

'- ... - -;- ---- _--:~---'-;"'''A--'''---'" -rr "'J to'" ~.&.Q,'1b.uLC. ~J..' .,"",U.UHt.LJ._.I.VI' a . bunafide religi<?~s5)Urp~se"pr on a cere~(mial.~,ccasion_ or;:. ,';" , .

"(ii)' for storing hidei';'horns··or.;skins'· or' ,,:-., '.'.1 " .• ,.;:.' ~.'.,.,. "" - '-. .,' '

(~ii) for boilli~g orstoring.~~al,blood",b~~,es or rags; or . '\ (iv) for· meltmg tallowj or,:>.~;.;;,' ';;1'", '. -. . . .,:,' "'.". " , " (v) for rannlngorIor the manufacture of-leather goods; or ,';' 4," (vi) for oil-boiling;-or· ",:' , "',.:. , '.' .,. '.I.,' (vii) for soap making; or" .... ": :< ' ' ., ' ,;, , -:» (viil) -forburningor baking.bricks, pottery,. or lime whether for trade or

private purposes;. or, '".: '. r •• ' \ ,. (ix) as a depot for .tradeInccal or.coke ; or " ' .... ". s , " ',. (x) for stormg ker6~e.ne;·,pe~Q.1eu,~l., paptha, or any Inflammable oil or

spirit; or ' ~"" :., .' (xi) for trading in, or storing folr.·other than his own domestic use, hay,

. straw, wood thatching grass, jute or other dangerously inflamable materials'.

..-0:

; - . H. ' No dairyman, milkman or stable-keeper shall keep cattle, ponies, horses or other four-footed animals for .the purpose of trade or business except in a place licenced by th<: Corporation. ,'.' , . ' .

CoriditlonsJor keepin8 56.(1) Within such Ilmits as the Corporat ion at a meeting may direct, no person ,Pia:s, Sh.:.:p and Goats: shall keep pigs or in any place more than twenty. sheep or twenty goats without a

. llcencefrom theCorporation '.Vhich,s~~I1.~e,.r~n~wabl,eannually! ',' .' .. ' I (2) The Corporation; at a.meeting,'may. chargt; anannual fee no~ >'exceeding

two rupee' for such licence and in respect of such licence may impose suchcondi- tions a to fencing, rainage , pav,irg,cleansing' and, other matters for the regula- tion of such p laces as the Corporation maydeem fit.

'power to make By- 51. The Corporation may make bye-laws regulating p laces used for offensive law [e8ulacill8 places or daI}gerolls trades. "'::". >. "", .", "

'~useJf()r offe!nsiye trades, , ,,;,,:. ' "" ., , ,I I

. The Corporation at a meeting may (a) construct, purchasevor ta'ke o~ lease or otherwise acquire any land

or building for the purpose of establishing a mincipal market or muni-. , clpa] slaughter-house' or municipal stock-yards" or of extending or improving any existing municipal marketrmuniclpal slaughter-house or municipal stock-yardv.ande " '01. ~'" ' ". <

(b) from time to time bulld :tnd'main~ai~such munlclpal markets; rnuni- cipal...slaughter-house and municipal stock-yards and s~l.d-:stalls,' shop s, sheds, pens and other buildings or conveniences for the-use of persons carrying on trade or business in or frequenting such markets, slaugh- ter-house or stock-yards and charge rents, tolls and fees for the right ,to expose goods for sale in such ~z:ket and for the-use of shops.istalls, :, slaughter-houses, stock-yards and standings therein. ,',1' ,,' -.C".:

, ), ,

to close Municipal 61. ,The Corporation at a rneeting~y,.at)nyti~e, in'the i~tei-est~~fpublic'~ ,"" Slauabter- temporarily or permanently, "close any municipal market,. municipal slaughter-

nd Stock-,yards: house .or municipal stock-yard or 'any portion thereofH' ,,",',< , ,,' ""':" . ':',' . ' . , I'~ <0' ~., .'~"} fIl,: :,' 1,.. . .:... .

Li~cn sj"8 Ivr keepin8 caule &.. Horses etc.,

Power oj Corporal ion tOBrollt ltcences jor -Fairs o r Af.:las.

Rules for Fairs &.. ,jJ~lus

" . 'CHA}>T.m, X. Fairs and MeIas.·' ,

~. ., 58. The Corporation at a.me~ting may requ~~e the owner. or lessee of a fair or rnela or an owner or ~ lessee-of l~nd intending to hold a fair or mela thereon, 'to obtain a licence' in this behalf from the Corporation on such terms and condi- tions and on payment or suchfee as may be prescribed .

. 59. The State: Government may make rules regulating the granting of licences for holding fairs and melas.and fixing the fees in respect thereof. .,'

.' . CHAPTER xi: '.;;

" .

Market 'and Sla'ughte~',Pl~ce•. { , ,.:': . ,. ,, '

Power co prvride and 60. maintain municipal mar- kets, slauahter-houses and s£Ock-)"uds:

,, .-," ,',.. ' '.

II II

_ ——< -- “fr A} av eanusutcl U‘ “A‘AAIMIVI Ur a bunaﬁde religious purpose or on a ceremonial occasion or ~(ii) for storing hides, horns or skins; or - (iii) for boilling or storing offal, blood, bones or rags; or (iv) for melting tallow; or (v) for tanning or. for the manufacture of leather goods; or ' (vi) for oil- -boiling; or , (vii) for soap making;o 1 ‘ ' , (viii) for burning or baking bricks, pottery, or lime whether for trade or private purposes; or - (ix) as a depot lor trade in coal or coke; or (x) for storing kerosene, petroleum, naptha, or any inﬂammable oil or irit; or (xi) lPr trading in, or storing for other than his own domestic use, hay, ‘ , straw, wood thatching grass, jute or other dangerously inﬂamable . -, materials. Licensingfur keeping 55. No dairyman, milkman or stable- keeper shall keep cattle, ponies, horses mule 81. Horse: etc._ or other four- footed animals for the purpose of trade or business except in a place licenced by the Corporation. Conditionrfar keeping 56. (1) Within such limits as the Corporation at a meeting may direct, no person P191, Sheep and Coats: shall keep pigs or in any place more than tWenty sheep or twenty goats without a licence from the Corporation which shall be renewable annually. (2) The Corporation, at a meeting, may charge an annual fee not exceeding two rupee for such licence and' 1n respect ofsuch licence may impose such condi- tions a to fencing, rainage, paving, cleansing and other matters for the regula- tion of suchplaces as the Corporation may deem ﬁt. Power to make By- 1 57. The Corporation may make bye-laws regulating Places used for offensive law regulating places or' dangerous trades. , . usedjbr offensive trades, - :- , (til. ' . ‘ CHAPTER X. _ . Fairs and Melas. Power of Corporalion 58. The Corporation at a meeting may require the owner or lessee of a fair ' tagrunt l1cenc21for or mela or an owner or a lessee of land intending to hold a fair or mela thereon, lair: or Malay. to obtain a licence in this behalf from the Corporation on such terms and condi. tions and on payment or such fee as may be prescribed. (mega, Fair: 19. 59. The StateiGovernment may make rules regulating the granting of licences ,1!qu 5 for holding fairs and melas and ﬁxing the fees' in respect thereof. ' . .CHAPTER XI. Market and Slaughter Place. Power 11: provide and 60. The Corporation at a meeting may maintain municipal mm (a) construct, purchase, or take on lease or otherwise acquire any land km, 11a ugliter-hourer or building for the purpose of establishing a mincipal market or muni- und nook-yards: cipnl slaughter~house or municipal stack-yards or of extending or ‘ improving any existing municipal market, municipal slaughter—house or municipal stock-yard, and . - , (b) from time to time build And maintain such municipal markets, muni- cipal slaUghter-house and municipal stock-yards and 5.11. l?,stalls shops, sheds, Pens and other buildings or conveniences for the use of. persons carrying on trade or business in or frequenting such markets, slaugh- ter—house or stock-yards and charge rents, tolls and fees for the right to expose goods for sale' 1n such market and for the use ofshop's, stalls, slaughter-houses, stock-yards and standings therein. to close Municipal 61 . The Corporation at a meeting may, at any time, in the interest of public, 1:, Slaughter- temporarily or permanently, close any municipal market, municipal slaughter- and Stack- yards: house or municipal stock—yard or any portion thereof.

Lincciicing °Iprjyate , s/uu:Jhl<!r-houses and proliib! tiull :

DUIIJtion 'aJ Liacence :

Awrain oIlnjection

.- I

63. .If the Corpotat ionpu bllshes W order-In this behalfr-no personlshall estab- lish a -new pr-Ivate nl4l,:r:ke_t"o):~c,ontinueto'r,unany.'e"'isting\;privat~,.market, for " the purpose of sale or"expos!ng for sale-any .art icle of human foodexcept with" the sanctio~, oJ the, _C;o~'p'or~9~)J?-.t!l4d~1(:?rf~x:mity :r'!t,~.,t,h~" ~e~ms:B(,,~Jiccnce granted RY ~q~'S0rpo~a~~~~!.~: j:,- ,"',' , , .:~," 1 ; ,>, .... ~'" \'l' :".,:" '\~ 6+. (1) .The Corporation may ,subject to .such terms and conditlons.ias .may be prescribed, grilU~and withdraw licences for the use of anypremises Forthe salughter of animals for the sale of their flesh for human consumption. , , (2) No person shall, slaughter ary animal for the sale of its flesh fO'r'human

consumption within the Corporation at imyp!ace, other than a municlpal sbughter ..• house or a slaughter:house'licenced under.' suo-section (l)~ " ;, ,. r , 6 s. Every licence granted under, tPis Chapter shall be in .force ~nt il the end of the year: during which it is granted., '

~ I ,'r ',. • •••

. " CHAPTER XII. Restrain of Infection,

• , .I"

,',

66. The Corporation maymake by-iawsfor ~he',drec~ive~conlr~l; restraint a~d ,prevention of any 'dangerous diseaseand in~p~rti~ular:~and'wHhout'p~ejudice to the generality of ~he f9regiong power ,.·thc,corporation may ,'~an:d':'whcn;'required' by the Slate Government, shall make by-Iawsregubting the following matrcrs :

(a) the restraint, segreg(\tion and isolation of persons suffel~!ng6:om(\ny . ,: dangerousor, l~~~ly to~ suffer ..rtO~1 :':my.}~~,gc:;r~·~~' d~!>~:a~~';Qwjl1g

, <.' to exp~sure ..to Infection. or ~0l!tagl.on;, ' ,', .. " :. . ' ~~,~ ..>-' . . . ,# .•... .-',. '.. _, ,.• , ~ .•_. .;f: f ',""'-" ',' . (b), the .removal, djslnfection 'and,9-.es,tr~cti9~.:oLp~r~onf11,efr~,,:l~,good,s

.and other property and disinfection .of houses exposed to infection or contagion; . , . ' .,..', I ' '. . ',,', '.

• . .' • • .", '. t f " .• .., j' ," '/0.,; " .,....', .~ ~ ,,,,! t,_" -r , (c) the removal to hospital and, thl?;treatment' of: persons. suffex:ing from.

any darger,ous disease or likely to suffer.Irorn any such disease, owing,' . t,o exposure to, !nfeS;lion or cont~gior ;"' .; ",,' ,<. '", :;, . '

1, '''' ••.• • _ .~.,' •••./'1., ;}'..,,' ,·'K v v, j<..: ••.. S. ••• 'i; .. ".,',' ~ ,;~!:) ..

(d) '.the speedy; buri'!J- o~, crematjqn, ~f.Jl?~,bpdi~.s qf.tp~rsons '':''~9 ha ve ".,';diedXromany ~ngel'ous disease ; ,'f.' :,'",\ .: ',; ,\.".,~, ";, . , (e) "house ito house visit~ng and. Inspectlon j- ,,' ; .:''-\; "ic- (f) the promotion of cle'anliness,'~entihition'and' disinfc~ti:on j :,' (gLtl~~ .d~tie~ and responstbllh ies-In re~p~ct' 0[.' ti;~: ,p,~~~~~,ti~nand , ,:;:notification, •of af?Yd.angero.us,,~iS<:as~;." '~',:'~, :", : ',:;: .. ':<;, '

t ", ~ ••• '. ' ~ ~ • '. . "!", '. ' • '\.: ".., ..

:.<h) the duties, and responsibilfties ofparen~~ or, guardians' in respect toaheir .school going children who are ;bufi'eri.l!g,!Jf .?a.v,e.recel)tly .suffered from any.dangerous ,disease, or havebeen ,exposed to infection, ,.01' contagio.n ~l1d the ~uti~s and .res~?m~~i~it~~~ of f,t;r~9n~'~I?'charge ,:

".. of schools -In respect of such children ; , ,.,'."", , '. ~\l -. . , , ,".', , ' .\ ' ' " .,'.. ,', " . :" "

"(I) , the 'preveritlon-of the"sprea~ from any animal, or the'~carcasses or product of ~nya-nin~l, to man, of r~bies,' glande.rs, a~lhrax:,:pbgue, "

, ", ' Irubercolcsis, trkhinp~.i~; 'or,'anY'Cflh~!.~iseasf: c9~municable\0'man' by a.ny animal or thecarcassor product of any a~i~l~l j "', ' "',, ;

i ' :' . . . ',., .,'" - ,,'- . ,~~.'....•. ,.'J. '.. ': ¥, ~ .1' .'~.,,<,-. 0( ( 1..;••• ,",'~ (. ..• 4 ".ot- the. pr~~enti,0.rl,~,?f't~~ swea'd' a~d t~,I:(,;'~~rid.i,c~Vo~.:;~f~lai}~,. ~he ." . destruction o!.mosquitoes and the removal or a,batem~nl of coridltlon ~ ~ ~ . ~" '- .'~!t' ".,l .~.• n ,~I l' '''', ( ,.>{-.,_ t..j" _,'

', . perm,itting or,.favoul:ing the, ruultlpllcatlonor prevaleiice' 0'[ niosqlli- 'toes' "., . .' . " . '

• , ., • 1 O( ,. "'.' , " ~ , i ,<;." _'::,11 •••

(k) .the prevention" of the spread- of diseases. bf flies 'O:r, other 'insects"" . ,":" and the destructionofsuch insects:'~~d lhe'.'remo\:al'or"~bai~inent ,". " of condltlons pel'mi~ti~g or f~v~{U-ing·th~('i)~.iv~lc.n~t'~~:~lul,tipli'~;~io~ :-: of such insects; ",~." :,~.'),.~d'~.(',"·\.,. )'

~(I) the destruction ofroden'ts a~d-other vermins and the removal or ,. ~ , abatement' of conditio~sperh1it~'ing ~r'fayoiIl'~ng:,the :,,!,arbourage or

. "'or"multiplicalio~t,~~reof;t" " '/'" , " 'i," ",!' ; .: ,; . ,' .. (m). the prevention of the spreador.~f?Y dangerous dlsease by the carrying ~

on of any. business, trade oro<;:cupation;'.,. '. .

I II

:~..

41:13 3 - 1 a. Mhibition ofuseqf 62. No person shall, without the permission of the ~Corporation, sell l—uﬂiCiPa] market or' expose for sale any living thing or any article within a municipal market. without permission: ‘ , rum-r to permit - 63. ' If the Corpotation publishes an order in this behalf, no person shall estab- opening or running of lish a new private market or continue to run any existing private market, for private market: the purpose of sale or exposing for sale any article of human food except with the sanction of the Corporation and in conformitywith the terms of a licence . granted by the Corporation. _ " , ,, , _ , Lina-firing aj'private 64.0) The Corporation may, subject to such terms and conditions as may slaughter-Imusu and be prescribed, grant and withdraw licences for the use of any premises for the prohibition: salughter of animals for the sale of their ﬂesh for human consumption. (2) No person shallslaughter any animal for the sale ofits flesh for human consumption within the Corporation at any lace other than a municipal slaughter- house or a slaughter-house licenced under-‘sub-section (i). Duratiun‘ofLincence: 65. Every licence granted under this Chapter shall be in force until the end of the year during which it is granted. CHAPTER ‘ XII. Restrain of Infection. Restrain qj'iqfcctian 66. The Corporation may make by-laws for the effective control, restraint and prevention of any dangerous disease and in particular and without prejudice to the eneralit of the fore ion ower, the Cor oration ma and when re uired . g y g g . Y: . q by the SLate Government, shall make by-laws regulating the followmg matters: (a) the restraint, segregation and isolation of persons suffering from any dangerous or likely to suffer from any dangerous disease owing to exp0sure.to infection or contagion; , (b) the removal, disinfection and destruction of personal eﬂ‘t‘cls, goods and other property and disinfection of houses exposed to infection. or contagion; . (c) the removal to hospital and theitreatment of persons suffering from any dangerous disease or likely to suffer from any such disease, owing to exposure to infection or contagion; ‘ p (d) the speedy burial or cremation of the bodies of. persons who have died from any dangerous disease; , ((2) house to house visiting and inspection; (f), the promotion of cleanliness, ventilation and disinfection; (g) the .duties and responsibiliticsin respect of the prevention and- notiﬁcation of any dangerous disease; , (h) the duties and responsibilities of parents or guardians in respect to their school going children who are suffering or_have recently suffered from any dangerous disease or have been exposed to infection or contagion and the duties and responsibilities of persons in charge of schoo s in respect of such children; ‘ , (i) the prevention of the spread from any animal, or the carcasses or product of any animal, to man, of rabies, glanders, anthrax, plague, tubercolosis, trichinosis, or any other disease communicable to man by any animal or the carcass or product of any animal; ' (j) the prevention of the spread and the eradication 'of malaria, the destruction of mosquitoes and the removal or abatement of condition permitting or favouring the multiplication or prevalence of mosqui- toes; (k) the prevention of the spread of diseases by flies or other insects and the destruction’of such insects, and the removal’or abatement of conditions permitting or favouring the prevalence or multiplication of such insects; , ‘ ‘ , ‘ ' (l) the destruction of rodents and other vermins and the removal or ~abatement=of conditions permitting or favouring therharbourage or or multiplication thereof; ,1 . ' (m) the prevention of the spread of any dangerous disease by the carrying on of any business, trade or occupation; -

~mp?r~~~~olJ,re~~o.v~l, " Ol\~,xposur~lo~ sale, ?r. ijseJn,~nr,manuf~c-:', t

'. ).!t., ~ .:} ," , ',-,' .', f b'-.:.. ,', t--".':·' •••.1: .....~. (0'" ,'~ • e ,Urlng ,proces~; ,', ,:w,"~.~1" iY,. q l~:;"• ',H;·. (." ;>' .' ~,;,'I.:il,-" ." "", ' , ",." .,.,:.".,' ., . (0) :the Idispo~aL~f.l~ny,refuse;:l~~;s~en~~te~or Ol,h~{mhtt~i :O~tAing, :.: '

which has been c~ntamiDatedwith or exposed to lnfectlon or'~ontagion"'; .,\:.. and ;", ,r'.·: :,'- ,:~: ,! ",/;;,';:":-?r" '.".' ,~ , ' .

(p) compulsory 1vaccination';'. inoculation' or.<their, 'measures, 'In' re'sp¢ct',·c;'< , 'ofperspn~,residing- ,~ithin.the .Corporatlcn and such,ot~e,r. prev~~tive "~,,

mea~~:e~~,: '.. :,,:~,~:~;:,!:,:?"~'~~,r\,.;~::~?~.'~~j:?~':<:"::"1~';~~}:'I~~!:~};::'J;,;f,;·:,,:~f~~:;;,~l,'J.;~ ,', CHAPTElt"XIII,., "'i,~~":~4:·,f,,,~F}~~!<:"~.t;;},,;,.(~_:/! ·"!'t: (··· t '_~I" ,.\.

)., "·Nuisance.-.:~~~.~':..' t~. ~ -i~~'~.~.!.~,;-.:'(,.~~;.:~~t;aL.!....t". ~i': i·~;: ';;c'~r~'.--''!1~\~,1,J.. .~' ,.( , " ,~ I" '. '<i"'" 1'~\' "; .•...

67.(1) .The powers conferred bY~h~'(::hapter i~.~l"be i~·~d~liti6.n and not "~ . , derogatio~ of any p,?w~rs ~~nfe:ri:~d by t~e.,~t~~rir~~ions of this Act.

(2) (a) the condition of~ , r' .. , •• \., •• .:.\, .1.,/ ',.. '", (i) any premises Of'part thereofjof.such ~{c0l!-struction or in SU~:l'a S~,ate ::"

.' .or so situated or so'dlrtyas-ro.be a cause of"\nnoyn'nce,to"(lh'e;iriil1atd! 0,. thereof, the neighbours or the public -or injurious or'dangerous to .' ...• .health or <unsafe,Jnclu.ding places-Infected byj-or, wo:viding,haunts' Ior-. '~l'

. \mosquitoes or ,~osquito·:lm:vae',. flies ~f, fly ,,;x:naggots,.hookworm larvae r». : . or ova., or rats or other noxious animals omlnsects and thereby llable".«

t.9 .favour the spread. of ;inf~ctious, disease ;:, :. ',. \ ' ',', ' , ':" :., I .. , I • , =, .: ~ _ ~"i''(I •.•.. ~:; ,'-,.j. • :tp:, " I :-:',,;~·.' i ...:.'~. !', !. -, ,.t" ,,~.~ .•

(ii) any street, tank, pool, ditch, gutt~r, .water .coursel-slnk, cistern,' ']:1' , water-closet, ..earth-cl?set;.privy" ,urmal~'cess~pooli "drain ,,~dung'p it:; ,,;,:; or ash-pit ,so foul orInsuch-a ,stat,e:,or. S,Q situatedas-tc .be a .cause '.' !Jf ,ann.oyancf) ~O.,the-Inmates of the- pcymises, ,.t~e -rieighbours 'or: the.; '1:9

.:public;:,!o.x:.Injurious <?rdangerous, to, health; >': ,'; ". ., (iii) any premises .Py. .reason of,.aba~donn~ent,of,disputed ownership Or !" .

; for any.other.reason unoccupied and-thereby become a ·~cso~tofidle· -.. and disor"qerl y ~perso~.; :~">~.,.'/.:.,f ~ l';, <':'~2'~t'.'i ~':J",'" "~;. "".' '\ " .L:.o i

(iv) any school, factcrycworkshop or other trade premises so unclean as -to be.a. .cause of ,annoyance. to the .inmates, .the..nelghboura-or .the _;~\!., .. pul;>lic,,9.r,injurio.us to,health, Or,Il9t,so,Y.,e'ltilatedas to-render harmless, ,;:r ,as far''!.s ;practicaQle,j.aU,·.gases,i.vap~ur.s,;.tdust, Qr"other .impur lt iesps.cs, .

' .. generp,ted in, the ,course: ofthework, carried )on~,thereini .that' are. a, \;L: .. ~ 'j ",cause, of arui.9yanc~.~0!he:~Plates~~thct neighbours.,or} th~,'!>ublic .or· ih.: , '. ,!nj~ri?~S to. health; or so overcrowded as,to~~e;,~njuriqu~ tc;>.,::c,health: J,~

.of.rhe.persons therein.engaged.or employed.i.or .not provided with.' .' , . suffic~ent and suitable' privy or urlnalaccornodation ; '.,' . . . .(v) any offensive trade or business, so carried 'on as to be' injurious to

health ',or offensiveto the. public; ,;"\ ,',: .ir ' , .,. (vi) any well; tank or other water-supply:inj~rioiis'or Clanger'ouS'tohehlth(j' L : (vii) any stable, 'cow~l-ed:o~ :oth~r. buifaihi ·ori,.:TP~losur~),11,. whid'",ar:Y k::~

animalor animals are kept in~.·such.a.manneroF In ,S,uch};lUmbers asr., •. to be a cil~se. of a~oyan~~ to;.the iri:m,.~\e.sorthe, p'~einisc~;;the,.P7·igh- , , bours, or the public or lDJUrlOUSOr d3.ngel'ous to health;. '.. ., '

(viii) any bu)~~'l~r bu;ning.gr~~ncl whichin.t.~e·op'in'i~n·6{the' Co'~p~rat'ion',"'~; is injurious or dangerous of likely to be illjUfiol!s Pr.. ~ngerous to ".,

" healtb of. persons living'in the' nCighbourhoodiortctthc'pubiic-or '.:~,' 1..1....· '1-" ff -. I~· h oers . ' 'P~lt:;.· ~"~". P.t I r~' , 1,\~i.,Pl~1'.•·:~f~'.~ :1. .i- .q id.l,H " ,0 enslve. tp. suc persons,; _.', .: (oJ :-'~( ;~. :;._ " '. ,; I' ,•.i·.,_,;' .:~-{,," ,"~' .'. . p

, ~. ~ -./'1i' •• ~ ~ r'i.,'· • - •. 'V i:...•. ':'l. t ....t:'~~.~.{, {' .>' ..r'1.'"\"): •.•.•,'l~ ~..•.;:;. •..~ .. ~_ .,J ,~ {iJff any' ac~.ya!-l;lation,ordeposiF, jnclu~i~g·;an)i~t<p~s~t;of~iir,iiffial'()t;v~ge.;,: , .'

, ~.'iF,:.'tables ~,~r.animal refuse, ~which ~i~~ffeqsi-.:~,tq I. t~e.:.Atlighbq~r.~ ,0,( ,1<:;. : , ':.~ , . 'to the pubpc.Pl injurio~s,.o~ ,·dang~J;0~S,r.t.9"health, qn,anY1·,Q,epQsit;.0(l,;~m -\.~.'. ~·_.~offensivematter, refus~ or offal or .n~ure wlthin fifly yards of anJ '

plilblic.. street, whereever ..situated; and ..... ,;:":,.,;(.'.".~,;,, :J,I'~ ,t ~ '~ ,. .• \.... k. ' ~ ...,'.~. .• .'~'~' , ) ..•.•.••~ t. ", \-.."1:~."",/>t~t"'... i }••....;..I••••: :.J \ ... ,

.(~) ;', iny: ~ft;o~issiO~, condltlon ~rj:}-.ing ,w.rich., th~, 'St~~~,povcrnn1ent by shall d~~l~re to be a.~uisance ,o~·whi~h, af~e~ due i~qui~yl?J the ~?l:-"

.••.• It, ••. t·~ , .•...~~. . ~ '" - . .-t ~, ;' .•. - • ~ '.. . ,. [: .•..~.~~~~'1'}.

'..

..~....

.l ~•• '~.'

,"";.. ..<

,',.1,' .:'

l. _~., '; •

III

(1) (a) and th requirmgpﬂ'anyggu wicwmmmwmowmﬂa, : importation, remova ale or exposure for sale, or use in any manufac- » turing Process; (0) the disposal of any refuse, waste matter or other matter or thing, which has been contaminated with or exposed to infection or contagion“ , and (p) compulsory vaccination, inoculation or their measures in respect of persons residing within the Corporation and such other preventive measures. . 1 _ . CHAPTER 512111;, f ,, Nuisance. , 67. (1) The powers conferred by the Chapter shall be in addition and not in d derogation of any powers conferre y the other prosions of this Act. the condition of— (i) any premises or part thereof of such a construction or in sucl‘. a state or so situated or so dirty as to be a cause ofannoyance to the inmates thereof, the neighbours or the public or injurious or dangerous to health or unsafe, including places infected by, or providing haunts lor mosquitoes or mosquito-larvae, ﬂies or ﬂy maggots, hookworm larvae or ova, or rats or other noxious animals or insects and thereby liable to favour the spread of infectious disease; v (ii) any street, tank, pool, ditch, gutter, water course, sink, cistern,‘ water-closet, earth- closet, privy, urinal, cess-pool, drain, dung P1t or ash-pit so foul or in such a state or so situated as to be a cause of annoyance to the inmates of the premises, the neighbours or the public, or injurious or dangerous to health, (iii) any premises by reason of abandonment of disputed owne1ship or for any other reason unoccupied and thereby become a resort oi idle and disorderly person; , . . . . '7 I (iv) any school, factOry, workshop or other trade premises so unclean as to be a cause of annoyance to the inmates, the neighbours or the public, or injurious to health, or notso yentilatedas to render harmless, as far as practicable, all gases, vapours, dust- or other impurities, ,, generated in the course of the work carried on therein, that are a . cause of annoyance to the inmates, the nei hbours or the nublic or injurious to health, or so overcrowded as to he injurious to me health of the persons therein engaged or employed, or not provided with _ sufﬁcient and suitable privy or urinal accomodation, ' (v) any offensive trade or business so carried on as to be injurious to health or offensive to the public: (vi) any well, tank or other water-supply injurious or dangerous to health, (vii) any stable, cowshed or other building or enclosure in whicl‘ any animal or animals are kept in such a manner or in such numbers as to be a cause of annoyance to the inmates of the premises, the neigh- bours or the public or injurious or dangerous to health; (viii) any burial or burning-ground which in the Opinion of the Corporation is injurious or dangerous of likely to be injurious or dangerous to _ health of persons living in the neighbourhood or to the public or , offensive to such persons; , . (ix) any accuaulation or deposit, including any deposit of animal or vege- : »_ tables or animal refuse, which tis offensive to the neighboms or to the public or injurious or dangerous to health or any depOsit of, offensive matter, refuse or offal or manure within ﬁfty yards of any " public street, whereever situated; and 11.1 1 (b) any act, omission, condition or thing which the State Government ' by shalldeclare to be a nuisance, or which after due' 1nquiry bythe Cor- wawﬂﬁie:

~ , ') ." ". ~. ',,r.... 4. ... " •. ,{. "i tth~!Sf;;~,,<, :~; :, .,n' " ',';'1 ;~~\ . ';v ',/,~~}.:,,"...•• ~,~~,.,.,;,'1, .•>

'.: " ... ; _,' ,{~.~1,0-~!·~~~f·,;,.1 ,~.',!'.:-·f~~~i~l,\(,,1',~;j,~t:~~;.~':,-.,"\d;"~'.:'.~',,~i~.'·~ ;;~.~;.:~.;.'.~"~', . poratio~ on:.the co~p"lajnt or~wo .0r:'1!lore~persoris.lesiding -In the ~dghb~.urhood:is.{~~~~ by tli~. Ccrporationto ?,e a,~~u,se-of annoyance' .uo tre neighb0Hl'~. ~r'J~;;~he ~n.~tesof the ,·pr..9nls,es,~ffe,cted.Or ;to . the ~ul>U~.~.r.to.,~<;'?a~gffou~ or; injurious to, hea~th;, .: ,~ .... shall .be deemed ,t9; be"a'·, .nuisance ltable-to- be dealt ·~ith, u~der the provisjons"o,f:this-'Chapter: '. ':<'.' :'i. "'l.'~ ,'" .c, ::,,': ' <'

.•. -', 1, it)' ~"'-l. ":'" ,,, . ~ ~ 1 ., - ••• • ' r' \ ..., r •. - •

. Provided that no nuisance shall be deemedtc have been committed . • '" " .·I~"+,· ,.", 'fl.' ~·I.'·' -",', w 7. ",' , .~. _," ~ ~ ~

Inrespecr-of anyaccum~lation or deposhnecessary for theeffectual.: .carrying on of any bu~iness, .trade 'or manufacture,. if it be proved to the satisfaction' of-the Court that' the accumulation ortdeposlrhas not been kept longer than is necessary for the purpose of the.business, trade or manufacture and that, the best available means have been ',. taken for preven.ting injury or danger thereby to the publi~ he~lt~.~.

68.(J) The Corporation shall- cause to be' made from time to tirnefnspection with-a view to ascertain what nuisance exist calling for removal under-the powers of this Act, and shall enforce so far as possible the 'provisions of this Act in order to r~move the same, and.otherwise put-In force the powers vested in the-Corpora- tion. relating to public' health, .so as to secure the proper sanitary condition of all premises within the Corporat lon., . :~.:' , ' . " .' . 11' .' .• "; ..• '.,' (2) " Ifehe Corporation or a Health Officer or a Sa~itary)n~pe(!t<?r ~s reaion;i-. I hie grounds for believing that a nuisance exists in a~y premises, the Corporation' may order-of such officer may make an infection of. 'such:prcmiscsat any hour,: when the operations suspected, to cause nuisance are believed to be In progress or are usually carried on or when the. special. conditions suspectedto ,cause. the nuisance .are belfeved to, exis t;,'and~may,ica~s~(such' wor k-1'0 be: done" as .may be " . ' ,":: '•.. i!o necessaryFor an effectual ~~miP<ltj8p. of, t~t said premises, ~n,cluding the,A)pening ,f ~..;"'~':::::<'~ of. the grounp or s~!(ace ,.,where ne~~ssary, and the testing 9fSthe ;dra,ins.,;. ~';", ',,:' ,.~c·'5', ./ (3) Where .the ground or:surf~~~ .has been opened, and.nonuisance ~s,f?UIl:4 ~,<?: ::',,' > " <.:' exist, the Corporatlon ~J;1altre,~t0J.~.~he, premis.~s at thei!:own,P9st •.i' :.".,~.>p;,-i,; "'.,,,', 'L. " ,:* :::

Jtul1icipai Offcer to Sire 69. Information of any hui~ancel,un~er~,.this 'Chapter:, ;~y":be: 'given·:to".fthe'. . "." iL!iU[llIarloll as to nul- CorporationJ:?yany.p.erson"arid every officer of "the Corporation- shall "b~,ing.," ;all,,: . the cxistencep,f ~~Yin\,ljsapc~.to~hc;,r9tic~ .9£.th~,:Carp2~~tipl\·:.ot.S~Hs~·~~ly~j~.\~,,,j;<.,

broug,~t to t~e notice. .of ~he.' C;:orpor~tion.... :,' ;.-;,::;':";'~,.;,(:; ,,;..1.•...••••..:)~ i,::< : ~ " 70. "The Corporacion.dfsatfsfied of the existence of anulsance, sh~P serve a no- ··;.'F.,: ., notice on the author of the.nulsance or If hecannot be found, then,'on the·o.',yner.":, ~.",:~.~~' occupier of the building or p~emises on. which \the, nuisanc~ arlses OJ:' co~tiI\~·~s;. ;.' ': :"'~\;>\ requiring ~im .to remove it within the 'time specIfied. in the notice and to execute . such, works and do such things as may benecessary for that purpose and}(. ~he Corporation thinks ,it rdesirable (but not o.t,henvis~) s~~ifyil}g,'a;9Y:A~Y!W·.~.~..tP\i~ executed to preTent a reccurence- of, the. said nulsarice ;., . .> ".;" ,~.'.",i' '>' .Provided .that..;.,. ..',," 0 '•• ~.~; • -. ' , .. ,t. /: it;:;:~,~;;;.'

! . ...• , ", ; s , - -',' "I , : • '~-', I.:. : (a) Where the nuisance arises 'from" any want or 'defecr of a structural .:', character, o,r w~er~ ~he"buV~0g. orp'r,wr~is~~'.,~rc.:\,~·no,c:s~pi~~:'j~he . -' notice shall be served on the owner r ~ : ..,. . ..... .

(b), Where the authorof the nuisance cannot be found and it Is clear. ' .:.'" '., that the nuisance s~oes"not:ar~s¢ ('o,r:~conti~ue.;:by'th<hi;c,t"or,:dc~a,~lt :< .• ', " .• ,,:~. ':1:' 1

.. ,I) or' sufferance of the owner, oroccupjer '0£ t~eib.ui~diIfg·or 'prcniiseS;' ,,".;;;: :,..'. 'the Corporation ~ y' remove the' same 'an~. ~ i do';:whO:t:'i~ "necessary ,

: to-prevent 'the .recurrencethe;eor,:;';, ·; \.';):'.:'t,~f.• !·c:(?·~;~\(:.•'!~,',,';,: );~"c", '." ':.-:-"i": ," , ,.' .: .i 'f'~"""'",. r: r .• ~_;;._, •.••• :'I;:--~·'.".t ~~:f!,'"f·.!.If.'! "'-.'S ••t'.''''~.d'' ••~

7 J (J) If thC?~:r:so~ o_~,:whom a .~no:tic.e~Q remol~'~:nuj~~~e has" pe,en seI;ve~~J:,' .:,.' '!' ..~ under section 70 (a~l~ to comply with any of therequirements thereof within ,,~;',: ..,;,,;~'.:':~' thet lrne specified, or.' if the nuisance, altpough removed sjnce t~e,scr!'ice o~'the, ,<:." .:~'fA}:- " ~'';;; notice, is in the op i~ion of t~ e ~orporatio? llkel y to ~ec'-1r.on, the s,ame'~~p~cn~i~~:;'~~:', ,'~:::-';-:';{' shall cause a-complaint relatmg to such nuisance to be made before a Maglstra,te:, ,":' ,;~' :', and such Magistrate shall thereuponIssue a summons requirmg tbe.person:ori whoni', : ...' ':~ " the 'notice' was served to appear before him": -: "',.'',':» ''!:::I'';':':''{!~:>:;;''~;:~:;.1,"~ ,

(2) . If the Magistrate is sa~Li.fiedthat the aneged·.n\,lisanceexili~s'8,r. th~t!.al~liougb removed.Ir is likely to recur on the same premlsesc'he shall m.ak.e~;._<r,,:, ",' ,', ,

. (a) on the auth~r thereof, or the owner or'occupi~r'ofth~:p~e'n;'is~s,·~;" '~" tl-e case ~lay' be, an order requll.ing him to. comply' w,ilh :all.:or)~y. ,~,'

. .i~"'.:.'"1'i;',;~;C:j,;,.":~~~~~~i;~ii.~i 'oj][ r tl-IIIIil'1 1 ill I I III n l'ilH llHl.lllT 111 I~III I" 1 1

IIIspe ctlot: for ascertain- . illB t lis! ,n ce oj nul-

Notic« co tetnore llulSQn ce :

Procedure in case persOIlSjail to compI.!

idl notice .•

•••

lH '

poration on' the complaint of two or more persons residing in the neighbourhood'is found by the Corporation to be acause'of annoyance to the neigthurs or to the inmates of the premises affected or to the public or to be dangerous‘or injurious to health; shall be deemed to be a nuisance liable to be dealt with under the provisions of this Chapter: ‘ Provided that no, nuisance shall be deemed’to have been committed in respect of any accumulation or deposit necessary for the effectual carrying on of any business, trade or manufacture, if it be proved to the satisfaction of the Court that the accumulation or deposit has not been kept longer than is necessary for the purpose of the business, trade or manufacture and that the best available means have been taken for preventing injury or danger thereby to the public health.— Inspc cu'onfor arccrtain- 68.(1) The Corporation shall cause to be made from time to time inspection in g: mun Cc qfnui- with a view to ascertain what nuisance exist calling for removal under the powers sauce: of this Act, and shall enforce so far as possible the provisions of this Act inorder to remove the same, and otherwise put in force the powers vested in the Corpora- tion, relating to public health,.so as to secure the proper sanitary condition of ' all premises within the Corporation. (2) if the Corporation or a Health Ofﬁcer or a Sanitary Inspector has reasona- ble grounds for believing that a nuisance exists in any premises, the Corporation may order of such ofﬁcer may make an infection of such premises at any hour, when the operations suspected to cause nuisance are believed to be in progress or are usually carried on or when the, special conditions suspected to cause the nuisance are believed to exist,‘and may cause such work to be done as may be ‘ necessary for an effectual examination of, the said premises, including the opening of-the ground or surface, where necessary, and the testing of the drains. p (3) Where ,the ground or surface has been opened and no nuisance is found to _ exist, the Corporation shall restore the premises at their own cost. Municipal Officer to give 69. Information of any nuisance under this Chapter may be given to the in urmau‘ou as to nui- Corporation by any person-and every ofﬁcer of the Corporation shall bring sanrc: the existence of any nuisance to the notice of the Carporatipn or cause it to‘be brought to the notice of the, Corporation. ' ', V \ , ,. _ Nuiit‘d to remove 70. The Corporationrif satisﬁed of the existence ofa nuisance, shall serveano- auiggn cg: notice on the author of thenuisance or if he cannot be found, then on the owner occupier of the building or premises on} which the nuisance arises or continues, requiring him to remove it within the time speclﬁed in the notice and to execute such works and do such thin s as may be necessary for that purpose and if the Corporation thinks it desirab e (but not otherwise) specifying any works to be executed to prevent a reccurence-of the said nuisance; ' ' ' Provided thate (a) Where the nuisance arises from any want or defect of a structural character, or where the building or premises are ‘unoocupied, the notice shall be served'on the owner; ’ ‘ ' (b). Where the author of the nuisance cannot be found and it is clear that the nuisance does not arise'or continued by the act or default or suﬁeranee of the owner or occupier of the building or premises, the Corporation may remove the same and may do what is necessary to-prevent the recurrence thereof. ' ' ’ ‘ ‘ ' , Procedure in care 7 1(1) If the person on whom a notice to remove a nuisance has been served 3 pcrsonsfail to comply under section 70 fails to comply with any of. the requirements thereof within dill: notice the time speciﬁed, or if the nuisance, although removed since the service of the - notice, is in the o inion of t} e Corporation 1i ely to recur on the same ' premises shall cause a complaint relating to such nuisance to be made before a Magistrate., and such Magistrate shall thereupon issue a summons requiring the person on whom the notice was served to appear before him. -.;. , , (1) if the Magistrate is satisﬁed that the alleged nuisance exists, or that, although removed,ir is likely to recur on the same premises,‘he shall make -—- (a) on the author thereof, or the owner or occupier of the premises, as the case may be, an order requiring him to comply with all or'gany I " all” it}

Magistrate may order local authority to exe- cute works in certain

ProviCiOlls'oJp]ace to be used a s burial

8 f()(.1JJs •.

RC!8iscraiion oj birth I.lllJ 1·I~ait. ..

" •.. '\..

O§c:Il ce pUlli;hcble It'j Ih Ji /J ~ •

San ,·tivll <JIlJ limlta- tiOIl Jor prose cUlion.

.... : l"" ~;~~ ·1·1~.~WJ(lJ~1~atJl~l.t;,.~pe&..:.1f~t:u;,~lL'..L~:~J.~~.~~~fl.U..~\.~,:u."~.,) .'.''':':''..•..•0-1,~",":,""'''''''''''':. .•I···'''·. . . . that .purpose/.~r ~:'9!d,~~,p'ro~ibitil1g .t~e;r,cSun:eN:c <?r.d~~nui:~nc~ .

'~."(and' ~i~ecdhtth.r::ex~c~tJiqn :::"oCanY.,,:6rk'~ ncce'ssary _to' preyent the "'., . re'cur~'enct~r;an ~r,~t~\~~i~~ie4~~r!~g:the' removal a.I,ld.pr?Hbiting, " .

..~ ;.',.the recurrence"brthejluisance:;::or;·:~;t : ~.:' 1". ,: :(11' In.: J'j~' '.:'.'" :-.:;.;:\ . , !,' . ~ .>, '~:~".l¥--'~~.;-~~fi$':~~.~~;::-t~1'~.~~it>~'·:~~1!.}·~~;'~·\:~":~~~,~~;.,.",;·"!~·••:3·~i.r~\/\1.~;'·'~J···t" :·.t':.'

.'(b) "anorder' o.l.l'theCotporat'i:Owdiie~!irg~hem t? x:en:9v,e,or'pr.~yent thc .' . ';'.recurrence" 9[: ~~~.~~!.s,a?A~:..~r~;~.6\tb:.~~ ,~,h~~~'p<:rs~,:'~L~~e:\,\,!~hor ,

.. ' .' treleoforthe.ow~erorocc~pler ofth prenuses, on as the case may be .. .(~) Bef~re making ~ny order ..,t~~,:~g~strat;e, ma~>.if h~t hip~s fi~, .~djol.irn th.c

hearing or further l-~,arIngpf the ,case uritil a!l InSpectiOn, Investlgauon or anal y':)~s in respect of the ~uisanceall~ge_p h.~.s.be,t:A~m.a4e..;by_. some competent pers~l1.

(4-) Any costs i~~~rredby the,Corp~riti9ni~: ~xe'~u{iljg an.order of the, m"'1gi~~:·. trate under clause (b) of sub-section (2) shallbe.payable on demand, and if not.paid i on demand, may be recovered by dlstressand sale of the moveable propcrt y ol. the defaulter. ' .. <'" . ..' . .

\ .' '\ .• ,,:,. <, • ~.,: ",: •.. ,,":-: .,.•.. ~.•.•.. ~ , .• ..;' ~ .. "" . s- ,

79. Whenever it appears to' the 'satisfaction of the Magistrate that -the author of the, nuisance ~~;Jhat ~h~.o~~~.r,o,r~<?yc~Bi,eI:;()fthe"pr~~1is~s 'i~not known or , 'cannot be found, the Maglst~~te,may.a~ opce'.order, the. Corporation to execute . .the works thereby directed and the cost of exec,uting the same shall be' payable by ';I the. person llable, if sub.sequent1y .fouI:ld,~nd itn~t'pai~on demand. within fifteen days from thedate of e~ecution!o.f't4e .~~rk;:inay' b~',r~coverea'by, distress ana iale :, of the moveableproperty of the :<iefaulter'/ if'k~9wn;' :'.'.... ... « , :"'-'~' "'><','" . '.... ("

'1_. ~ '1.'. ,,~ )J4f)'1;'~'" ' -,'{.!.'.~.', )'. -~~,. :'.' , -< ••. :-~~1.~~·•. , '·CHAPTERXIV·. .

'Places f~r,disposal of theri~~a."·~hd~:~gi~str~tio'nofBjrths"an'd'D~ath!(''' • '", - _.' 40 I ," •• :,.,.,;. ''-:'., ',,';\- • ~. • • : • v , • : -;' ••

73. •. The Corporatlonat ame'~tIng may f~-orntime to time cut of.the Munl.." , . clapal Fund with the sanctlon of'. the Stat,e:G?vernment prov,ides ,fi •.tirg phll:c;; '. either within or without the llmlts of Corp'or~tio~ to, be used as burial grounUs 'or •. burl1ing grounds;and'rnaY impose such fee as may befixed dy'the Corporation a,t .

· a meeting with the approval of the-State: Government 'iri,.respec~ of.every corpse.'~ hurried or burnt within such.burfalor burning-grounds." .1:' ,1: .,f r' .. ;',· 74-. ,·The Corporation', ~fr~qui~~d by the' State G~vernmerit·to· d~'~o, ~hall'ata meeting provide for the regtstrailor, of births and deaths within the limit of the Corporation and for the issue of cerrlficates.of birth and deaths, . '.'

.'.' cH.APTE~·'XV:,>;<; ..;;r,,,; ,,' ,.',.,!' • • '. . '-".: <,':. '" j • • ,< <: .:.'~..t' .•~ .•.•. .' ~

\Penalties and MlseIlan:.eous.~,~,,:," i , " : .' • • '", F . 'It·. '~.".~', , -, ' .':, '.f\,;!; .•....\~ o\~'i'~ .:~:. \l)t ,', ,:' ,'", .. 1,,. .•. .'i"q. 'l~ " :,.:

· 7 5; Wh.o~o~ver c~1Il1mii:(any:O:ffcn.~:~~byj~9~~r~~~~!r.g:~r,"faW~gto ~omp'ly. >vilh' -,:. any provisi~n "of this. Act or: r.u!~s. '01' by-.1a~"sm.a,de.t,hereund~r9r an)'. ,djn!C~.i()IL', 'lawfully given to.him or any reci~jsitioI?-J~'~f~~lY~4e upon him under any prpv,i< ' sion of this AC,t .or rules ~r by~.la'Ys_madethereunder , shall be punished ~ith [ille _~. which may extend to .fiv~ hun4r~.d rupe~s.: "., , .

. and if such offence continues.in its na~ure, to further fine \which may .ex- tend to fifty rupees for each day d~ring which the offence is continued after the first day. .' "'" ....,...:". . "',.:, .'. , ", '. '... '. '. ., 76. No prosecutjon (<:iran:,off~nc~·.\mder;t~is Act or. any rules or by-laws " . made in pursuace, thereof shall-be instituted without the order or consent of the ' Corporatfori and I?-c?s~ch prosecution shallbe .!n~.titui:ed.except ~~th.;r..!li,xmonths . next after the commission of the offence, unless the offence Is.of continuous in its .. ·nature, in which ,case.of prosecution rnay'b'~. Insriiuied wiihiq '~i~ month~ 'of th~ dat~ on which th~ !comi?issiQ.n or exis~~~c~ 'of the, offence was first br.o,ught to th~ notice of the Chilcrnan.·

f:;. "- - -. 't··." .•.). 1".,.

7 7 ~(1) No Suit o~ other legalpr~~~~dirtgs ~h...'111hebrought agains.t the Corpora: t ion or the Councillors or a~y'of the agen.t.:S' offl~ers o.r se~vcnls of the' Cor porat ion', '- or any person ac~ing under it SOl" their<¥~~ctio~1;f9r anx.a~t purpo~tIrig'lo be done', under this Act or any rules or by-laws m,ad~thereunder ;UJ:ltilthe exp iration or cne:' . month next after notice in writing isserved on theCorporat lorr'or 'the Councillor .' or such age~t, officer or servant or: p~rson"'ac;til1g under. its or ~ht:jr direction, as'

I,' ."

.. . ;

~r .•• ~ J. :~.. ~'. " ... " .' . .~'..•.

.NOlh"r: ojsuit a[]ainst Corporation.

,',

» i wnum a unit: speculum»: the)” oer unuyv \Av an] um... “we...” W.’ ‘ ‘ that purpose,”orl'an ‘order prohibiting the recurrence of the nunance and‘directing‘ the ’execution,"of any work; necessary to prevent the , ‘ . recurrence or an order both requiring the removal and prohibiting the recurrence of ithe‘nuiSance,‘ or ‘ 5 ' s “ . : ~ ‘ (b) 'an order on the Corporationidirectirg them to remove or prevent the ,. recurrence of the nuisance or'both, at the expense of the author thereofor the‘owner or occupier Of the premises, onas the case maybe. (3) Before making any order theMagistrate may, if he thinks fit, adjourn the hearing or further hearing of the Pa“? until an inspection, investigation or analysis in respect of the nuisance alleged has beendmade ,byvsome competent person. (4) Any costs incurred by the Corporation in executing an order ofthe magis-‘ trate under clause (b) ofsub-section (2) shallbepayable on demand, and ii not paid A on demand, may be recovered by distress and sale of the moveabie property 01 the defaulter. Magistrate may order 79. Whenever it appears to the satisfaction of the Magistrate that the author local authority to exe- of the n‘ui5ance or that the owner or occupier of the. premises is not known or cute work; in certain cannot be found, the Magistratelmay at once order the Corporation to execute can/x, the works thereby directed and the cost of executing the same shall be payable by " the person liable, if subsequentlyvfound,vjand if not paid on demand within ﬁfteen days from the date of execution of the work, may be recovered by distress and sale of the moveable property of the defaulter, if known. ' V I ’ CHAPTER XIV Places for, disposal of the Dead and Registration of Births and Deaths ‘ PlayinalljiofPlafe to 73. The C0rporation at a meeting may from time to time cut of the Muni. « be used as burial ciapal Fund with the sanction of the State Government provides fitting places ’ grounds. either within or without the limits of Corporation to be used as burial grounds or , burning grounds‘ta‘nd may impose such fee as may be’ﬂxed dy the Corporation at i. a meeting with the approval of the State Government in respect of every corpse ‘ hurried or burnt within such burial or burning grounds. Ragislrulion ofbirth 74.. The Corporation, if required by the State Government to do so,‘ shall at a ‘ and .‘I'ealh. meeting provide for the registration of births and deaths within the limit of the Corporation and for the issue of certiﬁcates of birth and deaths. ' CHAPTER XV -.Penalties and Misellaneous. ' 01/14,“ Punishcble 75. Whosoever commits any offence,bye'ontravening or failing to comply with ,ml, 1:“. any provision ‘of this Act or rules or lay-laws made thereunder or any direction lawfully given to him or any requisition lawfully made upon him under any provi- sion of this Act or rules or by-laws made thereunder, shall be punished with ﬁne which may extend to five hundred rupees: ' and if such offence continues in its nature, to further ﬁne [which may .ex- tend to ﬁfty rupees for each day during. which the offence is continued after the ﬁrst day. . ‘ . Sanction and limita- 76. No prosecution for an offence under this Act or any rules or by7laws nonfat prosecution. made in pursuace. thereof shall‘be instituted without the order or consent of the ' Corporation and no such prosecution shall be instituted except within six months next after the commission of the offence, unless the offence is of continuous in its nature, in whichvcase of prosecution may be instituted within six months of [116 date on which the commission or existence 'of the oﬂ'enée was ﬁrst brought to the notice of the Chairman. . , > .Numg ufruit against 77 .(1) No Suit or other legal proceedings shall be brought against the Corpora. _ Carporatiom tion or the Councillors or any ofthe agents, ofﬁcers or servants ofthe Corporation, or any person acting under it sor their direction, for any act purporting to be done under this Act or any rules or by-laws made thereunder, until the expiration oi‘one ' month next after notice in writing isserved on the Corporation or the Councillor or such agent, ofﬁcer or servant or person acting under its or their direction, as ; i 1

p,UV lie Urinals and Latrines. Liceu ciIl8 oj certain trade a/Jd business.

Councillors, MupipaJ Ojficers ere been pub- lic st:tYarltS:'

POlY':! oj=v to in- :iP.:cC,surveJ or exe- cute !York:

v, ,

(a)

(b)

, _~ ,••t

"f'

1111 ,1 II ·'1

‘ lye. p the scase'may be, stating thecaiise of action and thefname and place abode of the , ' ‘ person who-intend to .bringthekuit orvpro‘ceeding and the relief 'F19ii‘ied: ’ , (2) may such'suitior' proceeding shall be commenced'within six months next ' after thetaccrual of cause of'action and not afterwards, . . , . 4 - ' Corporation to provide 78'. The Corpomtion shall,“as soon aspossible, take steps for the construc. public Urinal: and tion of public urinals and latrines at such places as the Corporation will deem ﬁt Lalrl" e5, ' and shall make necessary arrangementsfor their proper clean sing-and disinfection. Liam ring ofcertain .f 79. The Corporation may, with the previous sanction oi the State Goyexnmcm trade and business. direct, that— ' _ ' . _ (a) No person shall without _or otherwise in conforniity‘with'the terms 'Vof‘lice'nce granted by the Corporation in this' behalf,'carry on within the limits of the Corporation the trade or business of a dairy men or ~milk men or of a baker, confectioner, ice or aeratedwatcr manufac- turer or sweet-meat maker or char keeper of a tea .ShoP, hotel or eating'house; . ,. ‘~ . 1" 3 (b) such person as mentioned insuch section (1) shall observe .Such- ' terms and conditions as to cleanliness, hyeginic and tan" ary conditions f, as may be described by the corporation by rules; I‘ " z :- ‘ H: Power: of Chairman and 8o.(l) The Chairman shall forthe transaction ollbusinessmfxthe‘CDtPF’raﬁon- delegation to Vice- . connectied with thisAct or .any other law dr.for the Purpose of making any Order , '. . Chairman. authOrised thereby, (exercise all the powers vestedjby, this Act; in «.the: " Corpora- - \ tion;. ' " R ‘ “ ‘ ' i Provided the Chairman shall not act in oppomion to, or in contravention of any order or action of the Corporation at a meeting or exercise any power which ' is vested in or directed to be exercised by the Corporation at a’ meeting." ' ' 1 (2) The Chairman may in accordancewith the decision of the Coi‘porstion ~ , at a meeting.'delegate all or any ofhis pOWers to, therVice-Chairman, , ' H . . Councillors, Munipal 81. Every Councillor, every ofﬁcer and servant of the Corporation and every Officer: etc been pub- person authorised by the Corporation to do any act under this Act or any rule or lic ten/ants: , lay-law made thereunder shall be deemed tobe a public servant within the meaning ‘ or" section (ii) of the Indian Penal Code: C a L t ‘ V l V . ) Power ofennjtoln- 81. The Chairman, Vice-Chairman, Executive Ofﬁcer or any other pawn. spect, survey or exe- authorised by the Cor oration in this behalf, may enter into on any building qr, cute Work: land with or without 1: e assistants or workmen in. order to make any inquiry, 3,15,, pection,test,examination,survey, meaxuement or‘valuation or for the purpose of I lawfully placing or removing pipes,‘_meters orother things, or to execute any other work which is authorised by the provision of this Act or of any. rule, by- - law or order made thereunder or which it is necessary for any of the purpose ‘ of this Act or in pursuance of the said provision or any resolution passed by the Corporation, to make or execute: ', , - Provided that—" ' . . ,, l , I (a) except when it is in this Act or in any rule or'by-law made thereunder otherwise expressly provided, no such entry shall be made betWeen sunset and sunrise; ' ' dwelling house, and no part of a .public building used as a dwelling» , place, shall be so entered without the consent of the occupier thereof, ' unless the said occupier has received at least tWelve hours’ previous . notice of the intentionto make such entry; ' .(c) reasonable notice shall be given in every case even when any premises . may otherwise be entered Without notice, to enable the inmates A of any apartment, appropriated to- womento removetg some ”part "‘ Lofl the premises where their privacy .'may,:be preserved; , ,' _ * (d) due regard shall be paid, so far asmay be compatible with the exigen- cies of the purpose of the entry, to the social andreligious usages of , g the occupants of the premises. ' (b) except when it is otherwise expressly provided as aforesaid, ,no '

._ ~.. W' __ "';_. _:,,', •

. Act or b{anyiiule·;~iby:-la'Y'made'.the:eundeI' tQ,~bj;:.serveQ.upon or issueu w ,wy person ,.suc:h \,!eryi~~' or issue shalH)e ::.e~e.c:t~e4':""';:;, '. .... . .'

,(a) :by givmg or te~deririg: s4ch: doC,UIIl~~~f,~~ s,uchp~rsoJ:ls .;.or .~ .' ~ ,«: ..••.. ~ __ '.~-.. _~. . .~ "",l ,~'::'. .•..• i.., -- ,I < .• F -', ,"_

"(b) if such'person is not found, by'leaving such document at his last . _;' known place of abode ..~r ~)Jsi~fs~,:i~p~n the Corporation ~r by giving.

, '. or tendering the same or; by se~c).lng It,'. by post to any adult male . '. member of his family or adult . 'male servant in his employment; or.

,I r •

. (c) if such person does riot resid~ 'witpi~ the Corporation and his' address elswhere isknown t~ ,the Corporat ion, by forwarding such document to him by post'jh"a cover bearing the saldaddress ; or

(d) if~one of the means referred to in-clause (a}, (b) 91-(c) be available, , .by affixing suchnotice, bill ,'.summoris'or .othe'r document on some conspicuous part of the' land or building (if any) or other ~hing to

, . :which; the documerit: relates., "t;~.-'.··", '." ,. 'd'; : . . It.:siJuQIj pawerco . 84:( I) With~ut :prejudice' 'to '.~y.of 'the p;~vi~ion~ he~~i~b~fore contained, the . make rul.:Sand b,-laws: State Government ,may make rules for··carrying:.,out the pUrpo,ses and objects of .

. , ,this .. Act. '.,. . ,.... ,

.)CHICC:: now w oe eJf cted i

. ~ !". (2) Without prejudice to any of. the provlsions here lnbefore .conralned, the Corporation may make by-laws for any of the purpose connected with this Act ..

/'J()CmlVll vJ action '85. No suit or legal proceedings shall ~~ agaifls'~the.Counclllors.ior any officer' . .or servant of the Corporation or any 9~h.er pez:so~ foranylhing in good faith done

, , , or intended to be done under the provlsion ,9£ this .Act. or rules Or by-laws made .. under this .Act; .'. ~.., '•." . '. ..;.

cffi'~t of ; 86. Any law in force immediately before .the commencement of this Act 'with respect to any. matter vfor .which-. provision is made in this Act· or which is inconsistent with the provisions of this Act shall ceaseto have effect in the areas within the jurisdiction of the Corporation constituted under this Act.

o' . . . . ~ •

OrariJillB tlut Act:

.. . I. ",.' .•

.~, ..:~.~-.~::" ,. -.:;.

, . !.;

. ,

"' .. . ,'By O!der'·or.~t~~: q?Y~~~9r.'.' . \ " ", .

•• ,'.' e , , . ,

., . ,~. P .K. Pradhan,

', •. Ii' • . \~..,'.' ..'.:~>Secretary to the .:Government _ of Sikkhn,

. ' .~.~~ . -.'. .'

"-.;

:~ i

.. ~

..' .

BY' .,HE ;MANAGER; , SIKKJM . OOVERNMBN:r . PR.ESS ' . .'···Ex.OAZ.4S 4OOC.20·10-7S .

" ' '.

, ., :- :-:.: ,I" ". r

;.:. ::~:j::r':;f;'i'i."··~·~~'~·:;·\~"~~'f:?~.;~;·';t1{'"~;*;}U~i;~~~~(:7'fi:~;~:¥i/~~;':i,~:t:!;;...··84f~:;'1:~;!~:::{~15i~~~.~';.-.•.!::~:;:,~~~;~:;·',~.;i I III I " , I ,.~tl Iff II, 'In·,W·-, .n 'T" I','j r 'w I 'if!('I'T""',' '(r'j':=( -,

\ )thz now tom -,. ..__.. .. I . :ffe cred ; Act or by any rule or by-law made thereunder to be served upon or issueu LU any person, suchl__service or issue shall be. effected-— . (a) by giving or tendering'such documents to such persons; or (b) if such person is not found. try/leaving such document at his last known place of abode 0r; business within the Corporation or by giving or tenderin the same or by sending it by post to any adult male member of is family or adult male servant in' his employment; or. (c) if such person does not reside within the Corporation and his address elswhere is known to the Corporation, by forwarding such document to him by pest’in‘a cover bearing the said address; or (d) if none of the means referred to in clause (a), (b) or (c) be available, - by aﬂ‘lxing such notice, bill, summons or other document on some conspicuous part of the land or building (if any) or other thing to .which the document relates. Residual} power to 84.0) Without prejudice to any of the provisions hereinbefore contained, the make rules and bylaws: State Governmentmay make rules for carrying out the purposes and objects of this Act. ' ' (2) Without prejudice to any of the provisions hereinbefore contained, the Corporation may make by—laws for any of the purp0se connected with this Act. l'lUWt‘llUﬂ 2/ action 85. No suit or legal proceedings shall be against the Councillors, or any ofﬁcer ' or servant of the Corporation or any other person for anything in good faith done or intended to be done under the provision of this Act.‘ or rules or by-laws made under this Act. ‘ OverriJing {jg}; qf 86. Any law in force immediately befOre the commencement of this Act ,1“; A“; . with respect to any matter . for which provision is made in this Act or which is inconsistent with the provisions of this Act shall cease to have effect in the areas within the jurisdiction of the Corporation constituted under this Act. By Order of the Governor ' P.K. Pradhan, Secretary to the Government “of Sikkim. PRINTED BY THE MANAGER. SIKKJM GOVERNMENT PRESS ‘ ' ExtGAZAS 400G20-10-75

Sikkim act 1 of 1975 : The Gangtok Muncipal Corporation Act 1975

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