Kerala act 014 of 1961 : The Kerala Municipalities Act, 1960 (No.14 of 1961)

Provided that-

(i) the said repeal shall not affect the valid1ty or mvalidity of anything already done under the repealed enactments ;

(ii) all munic1palities conSt•Jtuted, hm1ts defined, commit¹CC"'> C!>ta- bhshed, appointments, rules, rcgulatwns, bye-Jaws and ()rdcr~ made, nottfic

(iii) any enactment m force m the State of Kerala, or documrnt referring to the repealed enactment;; shall, so f.lr as may ht", he con- strued to refer t1 th1s Act or to the correspond mg portio 1 thereof.

3. · lnterpretatwn.- -In th1s Act, unlcs the context othcrw1 .e 1 cquu cs,-

(1) "app01nt" includes to appo1nt tempor~nly 01 in an ollrct.~t1ng capactty ;

(2) "appomtment '' includes tempor.:try and officiating appoint- ments;

(3) "buildmg" include~ a house, out-house srah:c, latrill«', shed, hut, wall .(other than a boundary wall not cxcecdill~ right feet m hc1ght) and any other such structure whether of mason:}, wood, bnck, mud, metal or any other material whatsoever ;

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(4) " building·line" means a line which is in reaJ· of the stree~ ftbgnrnent and to which the mam walt of a butlding abutting on a street may lawfully extend and beyond which no portion of the building may extend except as prescnbcd tn the bu1lding rules ;

(5) " casual vacancy •· means a vacancy occurnng otherwise than by efflux of t ime, and " casual election " means an election he.Id on the occurrence of a casual vacancy ;

(6) " collector., means the collector of the dlStrkt ,

(7) " commissioner" means the commissioner of a municipality appointed unde1 section 19 ;

(8) " comrmttee" includes the standing commttlee ;

(9) "company" means a company a) defined m section 3 of the CompanJes A<..t . 1956 and includes a foreign company withtn the mean- mg of section 591 of that Act, a co-operauve ~octety registered or deemed to be regs~ter~d under the law relating to co·operattve soeteties for the tlme being m fvtce and a firm 01 assoc1ation carrymg on businese en t he State whether mcorpot a ted or not and whether its pnncrpal place

•Jf business is situated in the State 01 not ;

(10) " corrupt practtce" means any of the practaces specified in scct1on 66 ;

( I I ) " dangerous disease " means a disease specafied in Schedule IV and mcludes any dt~ease so nottfied by the Government ; ' (12) " Deputy D trector " means the Deputy D1rector of Local Bodies havmg jur1sdtction over the area ;

(13) " Dicector " means the Director of Local Bodies for the State of Kerala;

(14) '' election authority " means such authority, not bemg the chairman or vtce·chainnan or a councillor, as may be prescribed ;

(15) "filth" mcludessewage,night sotl, dung dirt, putrid and putnfymg c;uhstances and all other offensive matter ;

(16) "hut" means any bullding which is constructed principally of wood, mud, leaves, grass or thatch, and includes any temporary !)tructure of whatever si'e or any small butld1ng of whatever material made which the council may declare to be a hut for the purposes of this Act;

(1 7) " latrine •· means a place set apart for defecating or urinating or both and includes a closet of the dry or water r.arnage type and urinal ;

(13) "lodging house'' means a hotel, a bo:u'ding house , a choul- try, dharmcuala or rest house not maintained by the Government or a )(ICal authority, an unhcensed em1gratron depot, or any place where casual V&)itors are recetved and provided w&•h sleeping accommodatton, with or without food, on payment, but does not include--

(a) a students' hostel under publtc or recognised control; or

(h) tetiring rooms and 1est-hou~es provided by a railway ad- mmistration and normally used by passengers or railway ~ervants or both;

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25!1 ( 19) "mar~et" means any place set apart or ordinarily or penodi- cally used for the assembling of persom for the sale or purchase of grain, frutt, vegetable:,, meat, fish or other perishable arttcles of food or for the sale of purchase of live-stock or poultry, or of any agricultural or industrial produce or any raw or manufactuted produc~ or a.ny other articles or commodity necosary for the convenlcnce of life, provided that a l>ingle shop or group of shops not bemg more than six in numbet shall not be deemed to be a market;

(20) "municipal office" means a prmctpal office of any municipal council;

{21) "nutsance" mcludes any act, omis:,ion, place or thmg which causes or ts likely to cause mjury, danger, annoyance, disturbance 01 offence to the sense of '>ight, smell or hearing or to re!>t or sleep or which is or may be dangerous to life or injunous to health or property; (22} "occupier" mcludes-

(a) any person who for the time bemg tS paymg ot ts liable to pay to the owner the rent or any portion of the rent of the land or building in respect ofwhtch such rent ts paid or 1s payable;

(b) any owner in occupatton of, or otherwise using hts land ot building;

(c) a rent-free tenant of any land or butldmg,

(d) a licemee m occupation of any land or butlding, and

(e) any person who IS haole to pay the owner damages for the use and occupation of any land or building;

(23) "ordinary vacancy" means a vacanc) occurring by effiux of time and ''ordmary election" mean.c; an election held on the occurrence of an ordinary vacancy,

(24) ''owner'' mcludo,-

(a) a p~n who for the tune being is receiving, or 1s entitled to recelVe, the rent of any land or bmlding whether 011 his own account or on account of htmself and others or as an agent, trustee. guardian or receiver for any other pero;on or who should so recetve the rent or be entitled to receive it if the land or building 01 p.ut thereof were let to a tenant; and

(b) the person for the time being in charge of the animal, vessel, or vehicle m connection with which the word is used,

(25) "place of pubbc entenamment" shall me.tn any place, en- closure, building, tent, booth or other erection, whether permanem 01 temporary, where mus1c, smging, dancmg 01 any diVersion or game o1 the means of carrying on the same ts Ptovtded, and to which tbc publtc are admitted, and shall include a tace course, circus, theatre, musH:.- hall, billiard room, bagatelle-room, gymnasium and fencing scho->l ,

(26) ''prescnbed" means prescnbed by the Government by rules made under this Act;

(27) "private marketu means any market other than a public market;

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(28) ' ' private street" means any s:reet, ro~d , square, court, alley, passage or nd ing pa•h whJch is not a p.J tJllc street, but does not tnclude a patln ... ay made by the owner of prem•ses o n his own land to secure access to or the convenient use of such premiSes ;

(29) upubltc market" means any market owned, constructed, re- pair .:d or mamtau ed by the counctl ;

(30) ''public street" means any st.eet, road, squate, court, alley, passage, or ndmg path over whtch the publte have a right of way, whether a thoroughfare or not, and mcludes-

(a ) the roadway over any public bndge or causeway ;

(b) the footway attached to any such street, public bridge or causeway ; and

(c) the drains attached to any such street, pubhc bridge or cause.v,,y and the land, whether covered or not by any pavement, veranda, or other stt ucture which lies r n either s1de of the roadway up to the boumJar es of the adjacent ptopeny, whether that property is pnvatc propel ty or property bdongang to t he Government , (3 1) "public w.tter-co..trses, sprangs, wells and tanks" include those used by the public to such an extent as to give a prescriptive nght to such use;

(32) '' q uaJified medical practitioner" means a medtcal practitioner with prescnbcd quahficahons ;

(33) ' reconstruction, of a bu1lding includes-

(a) the re-erect1on wholly or partiAlly ofa budding after more than one-half of 1ts cub1Cdl contents has been taken down, or burnt down, or has lcillen down whether at one ume or not ;

(b) the re·erectJon wholly or partially of any building of which an outer Weill has been taken down or uUtnt down 01 has falJen down to or wHhin ten feet of the ground adjommg the lowest storey of the bwJdmg, an~ of any frame bUildmg wh1ch has so far been taken down or bu: nt down or has fall~ n down a:, to leave only the frame wo1 k of the lov.est storey ;

(c) the conversion into a dwelhng house or place of publiC worslup of any bulldmg not ortgmally constructed for human habtta- twn 01 for public worsrup, as tlte case may be , or the conversion into more than one dwellmg·house of a bwldmg onginc1lly constructed as one dwellmg house only or the conve1 ston of a d wellmg house into a factory ; c1nd

{d) the re~convers10n into a dwelling house or a place of publie wor~h•p or a factory of any buddmg \\ htch ha~ been diSContinued as, .()r appt oprtav·d lor any purpo~ other than, a dwelling house or a place of pu blic worsh1p or a factory, alt the case may be ; "' ' ·

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(34) ''residenc•"-''reside." -A person shall be deemed to ha\e hJ!i ·, esJdc:nLe" oa to re~tde" in any h '.luse or hut 1f he ~metimes uses a~ of.1ght .uay poruon LherLo( alta sleepmg apartmeut, and a person is 110 t c.Jcuncd tu CLasc to re '>!de 1n any such hou')e or hut merely because he 1s absent fi om tt or has elsewhere another dwelhng in whtcb he re- Sldes lf he 1S at ltberty to return thereto at any time and has not a ban· doned his t~tention of returning ;

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(35) "rubbish" means dust, ashes, broken bnckc;, mortar, broken · glass, and refuse of any kind which IS not filth ,

. (36) "-.cavenger" meam a pen.on employed m collectmg or re- moving filth, in cleanmg drain~. lateune~ or slaughter.houses or in dnvmg carts used for the removal of filth ,

(37) "Scheduled Castes and Scheduled 'l'nbes" shall have the same meaning as m the Constitution of India;

(38) "State'' means the State of Kerala.

(39) "street alignment'' means a hne dtvtding the lands compnsed in forming part of a street flom the adjoming land,

(40) '.vehicle" means a conveyance suitable for u:,e on road and includes any kind of carnage (other than ..:t motor vehicle as defined m the Motor Vehicles Act, 1939), ca1 t, bullock-cart, wagon, bicycle, tncycle and rickshaw,

(41) "vessel" includes .any motor boatJ steam launch, steam or motor tug, barge, vallom, boat raft, umber, bamboo~ or floating materiah propelled m any manner,

(42) ''water course"includes any rtver, stream or channel, whether natural or artificial ;

(43) "year" means the financial yeat. PART II-ESTABLISHMENT, CONSTITUTION AND GOVERNMENT OF MUNIC£PALITIES CHAPTER 11-CRr.A'II0:-1 AND AUOLITION OF MUNICII:'ALlTlb

4. Creatzon abolzt.wn etc. of Mumczpaltttes.-(l) The Government mayt by noufication in the Gazette, declare the1r mtentlon-

(a) to constitute as a mumcipaht)' any specified area within defined hmits; or

• (b) to exclude from a muntctpahty any spec•hed :uea compri;ed therein and defined in such notification; 01

. (c) to mclude w1thm a municipality any specified area in the vicinity ofthe same and defined in ~uch notification; or

(d) to abohsh any mun.cipahty comtituted under this Act or under the Acts hereby repealed.

(2) Any inhabitant of the specified area or munic1pality m respect of which a notification has been published under sub-section (I) may, if he desires to object to such comtitut1ont alteration, abohuon' or to anything contained therein, ~ubmit his object10n in writmg to the Government within two month!> from the pubhcation of the notification and such objection shall be taken mto consideration by the Government.

(3) When two months from the date of the publtcatlon have expired and such objectionst 1f any, as may have t>een submttled under sub·section (2), have been considered, the Govetnment may by noti- fication in the Gazette, declare the spectfied area or any potrion of it to '

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be a munic1pahty, or exclude the specdied area or any portion of Jt from the mumc1pahty, or mclude the whole or any portion of 1t within the mumcipabty 01 abll ~tc;hed the munictpality, as the case may he:

Prov1ded that no nohfJcatlOn e.xcludmg from 01 mc.ludmg W1tl:un a munictpality c~.ny ~pec1fied area or abohshmg a munJClpality unde1 thlS :,ub-secuon shall be 1ssued wtthout previously mttmatmg m wnting to the mumctpal councll the grounds upon which such proposal h made .and cons1dering the explanations and objections, 1f any, of the muni· cipal council.

(4) The nottficatton mentioned in sub-sectton (3) shall take effect fi·om the date of the nottfication, or, if any date be c;pecified 1n th_e noti- fieauon for Its takmg effect. from such date.

{5) If any panchayat a rea ts constituted as, or mcluded m, a muni - Clpahty, the Government may pass sud1 orders as they may dem1 fit as to t he transfer m the counctl of such municipalJty or dtsposal otherwise of the assets or ulmtuttons of any such panchayat 10 daat area. and a~ to the dt!lcharge of the liabtlttie!l, tf any, of !IUch panchavat relatmg to such assets or mstttutlons.

5. Effictofabolz.tum ofmuma.palzhes.-(1) When a mumcapahty IS aboltshed, thtS Act and all ilOtificatJons, rule s, regulattons, bye-lawss orders, dtrecltons and powers issued, made or conferred undet thts Act shall cease to apply to the area compnsed withtn the municipality; the balance of the muniopal fund and all other property vested m the council clt the ume of Its abolition shall veo;t Jn the Government , and the liabilitie.:> of the council shall be transferred to the Government

(2) AU funds and properties vested 10 the Government under sub- section (I) ~hall be applied to discharge the ltabtlities transferred to the Government by that sub llection and for the promotion of the }afety, health, welfare or convenience of the inhabitants of the area comprised in the municipality.

CHAPTeR 111-CoNSTirliTION OF MuNICti'AL AuTHORlTtr::, Authontus

6. Tile MlliUcipal auhnntres and tluzr uzcorporatlolr.-(1) The muruetpal authoaiiies charged with carrying out the provisions ofth1s Act are-

(a) a council;

(b) a standin~ committee of the council, {c) a chauman, and

(d) a commissioner.

(2) The council !~hall by the name of the munacipality be a body corporate, shall have perpetual. suc~esston and a com~on seal and, '>ubject to any restriction or quahficatJon lDlposed by th1s or any other Act, shall in its corporate name sue or be sued, .:>hall be entitled to acquire, hold and transfer property, movable or tmmovd.ble, enter into contracts and do all tlungs necessary for the purpose of its cons1tution.

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1. Constituion ifCouncrL.-(1) The municipal council shall consist of such number of councillors as may be notified by the Government in accordance W!th the following table:-

Number of Counnllors.

Mumcipalities with a population-

Not exceeding 20,000

Exceedmg 20,000 but not exceeding 30,000

Exceeding 30,000 but not exceeding 40,000

Exceeding 40,000 but not exceeding 50,000

Exceedmg 50,0o0 but not exceeding \00,000

Exceeding 100,000

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24-

28

32

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(2) All the counctliOIS of every mumcipahty shall be elected:

Provided that the council may nominate a person 01 persons having o;pecial knowkdge 01 eXJ::<'nencc of any subject relating to the muntcipal admimstrat10n to be ~pecial council1or or councJllors for such subject. Every special councillor shall e>..ercise the rights of a counctllor only in respect of the subject for wh1ch he is nominated. There shall not he more than two ~pectal councillors on the council at any ttme.

(3) Seac. shall he reset ved for Scheduled Castes and Scheduled Tribes in the council. The number of such seats, wh ich shall be deter- mmed by the Government, shall bear, as nearly as may be, the same proportion to the total number of seats m the council as the populahon of the Scheduled Castes and Scheduled Tnbes in the municipahty beam to the total population of the munic·pahty.

(4) Notw1thstanding anything con tamed m sub-section (3) , the provisions of thic; Act relating to reservation of seats for Scheduled Castes and Scheduled Tribes m the council shall cease to have effect on the expiration of the period fixed in the Constitution of India for reservation of seats for Schedul~d Castes and Scheduled Tribes m the State Leg1slative Assembly

Provided that nothing in this sub-section shall affect any represen. tation in the counctl until the expiration of the term of the then existing counctl.

(5) For the purposes of th1s Act "population" shall mean the population as ascertained at the latest census of which the relevant figures have been published.

(6) Seats shall be reserved for women in the council. For eve1 y municipal council the sanctioned stren~th of which is twenty or less the number reserved for women shall be one and in municipal councils the sanctioned strength of which is above twenty , the number of such reser- vations shall be two.

(7) Nothmg contained m sub-sections {3) and (6) shall be deemed to prevent members of Scheduled Castes and Scheduled Tnbec; or women, fOt whom seats have been reserved m a council, . from standmg for elections to the non-reserved scats in the counctl.

8. Term of counczllors a'rdfzlung up if Jeats.-(I) The term for whtch ,\ counctllor shall hold office shall, sa\te as otherwise expressly provided m th1s Act , be five years beginning and expiring at noon on the first day of November:

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J Provided that the Government may, by notification 1n the Gazette, ~ extend or reduce the sa1d term by such period not exceeding one year as may be spec1fied in the notification:

Provided further that in the case of munic1palitit's newly constiuted the term of office of a councillor elected for the first council may be for a period of less than five years beginning from any such date as may be notified by the Government in the Gazette a nd e)tpiring at noon on the first day of November.

(2) Ordin~ry vacancies in the office of counc1llors shall be filled at ordinary elections which shall be fixed by the election authority to take place on such day or days in the months of August and September next preceding the vacancies as it thinks fit:

Provided that the Government may for sufficient cause direct or permit the holding of any ordmary election after rhe end of September:

Provided further that the Government may for sufficient reason direct, from time to time, the postponement or alteration of t.he date of an ordinary election or any stage thereof and the election authority shall give effect to such direction.

(3) A councillor elected at an ordinary election, held after the occurence of a vacancy, shall enter upon office forthwith, but shall hold office only iO long as he would have been entitled to hold office if he had been elected before the occurrence of the vacancy. { 4) A casua;f vacancy in the office of a councillor shall be filled ft.t a casual election which shall be fixed by the election author•ty to take place as soon as may be after the occurencc of the vacancy:

Provided that no casual election shall be held to fill a casual ncancy occurring w1thin three months lxfore the ordinary date of retirement and that auch vacancy shaH be filled at the ordinary election.

(5) A councillor elected at a ca.c;ual vacancy shall enter u~n offiee forthwith but shall hold office so long only as the C01ilJV;11lor m whose piece be ia elected would have been ent1tled to hold office if the vacancy had not occurred.

(6) An outgoing councillor shall, if otherwise qualified, be again eligible for election.

9. ProuduTt where no councillor zs electd.-( I) If at an ordinary or casual elecnon held under ~ecrion 8 no councillor is elected, a fresh election shall be held on 5uch day or days as the election authority -: may fix.

(2) If at such fresh election no councillor ·~. elected the council may, in the manner pre~nbed, elect ._ quahfied penon to £11 the vacancy. .

(3) The term of ?ffice of a. co~etllor elected ~nde.r this section shall expire at the ume at whtch at would have exp1red if he had been elected at the ordinary or casual election, as the caSf' may be.

10. Clza~rman and vru-c!Ja;,man of the muniapa/J!)'.-( J) Every counc1 ahall elect one of ats members to be 1ts chan man.

(2) The council 'hall elect one of its meznben other than thr- chairman to be its vice-chairman.

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(3) A cha1rman shall be de emed to have vacated his office on· tho expiry of h.1s term ot office as CO'JrlCIJior or on hh Olherw,~e ceas1ng tv be a councdlor

( 4) A VICe-chairman shall be d ermcd to have vacated his offic.e

(i) on the expu y of his term of office as councillor or on ht:s other WI~ ceasmg to be a councillor; or

(ii) on his elec tion as chairman. (5J When the office of cha1rman 1'1 vacant , the vicc-chairmaa shall exerc1se the funct1ons of the chairman until a new -cM irm.l.l a:>sumes office.

(6) (a) W hen the office of chairman is vac?nt and .the'e is e t htl a vacancy m the office of VICe-chairman, or the vice. chairman ha) been contmuously ab~ent from jumdict1on lor more thdn fifLeen days 01 1S m capaciLa tcd the Deputy Duector !>hall, after g•vmg not1ce of not less than seven clear day) lo the counc&llolS. convene a meetmg for the decuon ot a chairman ; and unt ·l a nrw chairman or V1cc-cha1rman is elcc1ed and a~umes office, or the vice-chairman returns to j u· isdtct1on or recO\ e rs fi om his incapact ty as the case may be, the Deputy D u ector shall, notw1thstan.:ktg anything contained m thiS Act or in the- rules· or notificatiOns issued thereunder, be tA otfzao mem~r and chairman of the coyncil. '

- (b) When the chairman ha'> be~n continuously absent from junsdtct•on for more than fifteen days or is mcapt\citat· d and thc•e is either a vacancy m the office of the v1ce-chairman or the YICe-cha1rm.m has abo been comwuouc;ly absent f1 om j ur•sd•ction for mo· e than fifteen d a)S or is mcapacaated, a nd the chatrman has nnt delega ted his functions to any councillor under sub-scct1on (3) of sect ion 26, the Deput)! Director shall until the vice-cha1rman ts elected and ass•tmcs office or the d1arrman or vice-chairman returns to junsdict1on or recove r:. from h1s incapacity, a '\ the c.tse may be notwithstanding anything contained in th1s Act or in the rules or notificarions is,ued thereuuder, be ex officio member and chairman of the council.

(7) An outgoing chairman or vice-chairman 1s eligible for re- election.

EJCplanation.-A new chairman or vice-chairman shall be deemed to have assumed office o n h ts b('ing d edared elected as such. ll . Proudurt whm no chairman or vtet·chairman u cltcftd.-Jf at an eJecuon held under section 10 no chatrman or vice-chau·m an is elected a fre!.h elect1on sh.Jl be held. ·

12. Chamnan, vict-chatrmtJn or councillor not to r~ctwt remuneration .- No chau man, vice-cba1rman or councillor shall receive or be paid from the funds at the dispo~al of or u nder the control of the council, ar.y sala ry or otncr remun eration for service." rendered by htm tn atw capacity whatsoever:

nvvidcd that the murucipal council may ,-

(1) w1th the sanct10n of the Go\ernment, pay to the chair mat. a consoltdated mon1h ly allowance to cover mcidenra i expense, a t•d conveyance h1re, m connecuon w11h the dtschatgc cf hu duucll, 34/4093

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{ti) subject to the hmits prescribed by the Government, sanction an allowance to th{; VtCC·ChStond•us: Committte.

13. Constrtutron and electzou of stmzdin.l! rommrllu. - -(I) There shall be a standing committee of the council, elected by thsr council from 1 ts 0\H\...IDtfllbers. The standmg wmmtttee ~hall consist of five members, ,.,rhen the sanctioned strength of the counctl is twenty or lesl. and seven members when the ~"1.nct10ned strength of the council is more than twenty.

(2) A counClllor elected to be a member of the standing committee shall hold oAic<' as such member for a period of one year from the first meeting (}f Lhe committee .tft<'r ht~ election as mC'mber, unles~- (•) he sooner resigns such office, or

(n) Ius term of office as counctllor is in any manner deter mined earber :

Provided that a member elected in a casual vacancy shall be entitled to hold office ~o long only as the person in whose place be is elected would have been cnutled to hold office if the vacancy had not occurred.

(3) When a vacancy occurs in a standmg committee the council shall fill up the vacancy, as soon as may be, by the election of another councillor.

14. Funcllons of the slandtng committee.- The Counctl may by bye- laws ftamed for the pU1 pose determine the powers and duties ofthe standtng committee. In addition to the powers and dut•cs conferred or imposed by or under this Act or by ~uch b)'e-Jaws the standing committee-

(a) shall superv~e the utilisation of the budget grants ,

(b) shall have acces~ to the accounts of the council and may require the comnussioner to furni~h any explanation wh1ch it coruilde!s to be necessary as to the recetpts and expenditure of the muntctpal fund ,

(c) may conduct a monthly audit of the municipal accounts and shall be bound to check the monthly abstract of receipts and diSbursements for the preceding month as furnished by the eommis!>ioner ; and

(d) may , arthe tnstance of the commiSsioner and wtth the sane- bon of the council, WT1te off such sums due to Lhe council as appear to the committee to be irrecoverable. V 15. Elcctzo7l of chazrman of standtJig commrttu o11d rts preSldntv.- (1) The standmg comrruttee shall elect one oftts members to be tt!) chairman.

(2) Th!' rhairman of the Mandmg committee shall preside at meetings of that body and m his abst-nce a member shall be chosen by the meeung to prestdt: for the occasion.

(3) The chauman l>h.tll preserve order and shall decide all pom~ ot order and procedme arising at or in connection with meetings.

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(4) A membe1 presiding at a meeting of the standing committee shall, while so presiding, have all the powers and be subject to all the obligatlom of the chairman.

16. Term of office of chmrmon of slllndwg cormmttec - The chairman of the standmg commmee shall be enti tled to hold office as such -;o long .u he continues as member of the committee, unless he sooner res1gns. On the occurrence of any vacancy m the office of chatrman, th<' standing committee shall at Its next meetmg elect a succel.sor who shall be entitled to hold office so long as the person in whose place he is elected would have been entitled to hold it 1f the vacancy had not occurred.

17. Rules and regulattons for proccedzngs of standing commzUer.-Th~ standing committee shall observe the piocedure )atd down in Schedule T and may make supplementary regulattons not mconsbtent therewtth 01 with other provisions of this Act or with any 1 ule-; made by the Govern· ment for the conduct ofthe proceedings and all.O for th,. maintenance oi order at the meetings.

Explanatfon -Any supplementary regulation made under th1s o;ec· tion shall, if tt is in consistent with the provisions of any rule made sub- sequently, become void to the extent of such mconsistcncy.

18. Power to restgn.-(l) Any member of a standing conumttee othct than its cha1rman may res1gn by givmg notice to the chairman of the standing committee, the chairman of the standmg committee may re;ign by giving notice to the chairman of the council.

(2) Such rcs1gnatmn shall take effect from the date on which 1t '' rectived by the chauman of the standmg committee or the chairman (Jf the council, as the case may be.

19. Tlw commtsszoner of the mumczpalzty.-(1) A commil>SlOOer shall be appointed by the Govrr runent for eve1 y munictpali t y in consu ltatiou with the council. He shall be an officer of the Govetnmcnt borne on such cadre of Government service as may be prescnbed. )

(2) The commiss1oner shall not undertake any work unconnected with his office without the sanct1on of the munic1pal counctl and the Government.

(3) The pay and allowances of the commissioner as fixed by the Government from time to time, :.hall be patd in the first instance from the State funds. The whole of the pay and allowanceo; paid to the commissioner and the contnbutwns towards his leave salary and pen- &ion to the extent required shall be credited monthly to the State funds by the municipal council.

(4) The Govemment may transfer the commtssioner from a mum· ~ipahty and shall do so, if such transfer IS recommended by a resolution of the council pebSed at a spectal meeting call<:d for the purpose and supported by the votes of the majority of the sanctioned strength of the council.

(5) Leave may be granted to the commio;:,toner by the Government in consultation with the challl'Ilan. When c;uch leave 1S granted, a l.ub- stitute may be appointed m accotdaoce wtth the p1ovis10ns of thts Act \

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to officiate in the office or the Government may nominate any officer to hold charge of the office in accordance w1th any general or spectal orders issued by the Government 1n this behalf.

(6) The commisstoner mall be responsible for the custody of all the records of the municipal council tnclud mg all paprrs and documents cvnnected with the proceedmg'> of the counctl , and the standmg com- mittee and other committees, and ~hall at range for the performance of such duties relative to the proceedmgs of the said bodtes as they may respectively impose.

The Chairman and Commissioner.

~0. Functions of the chazrman.-The chairman o(.the municipal council shall-

( a) make an angements for the elccdon or the vice-chairm:ln;

(b) convene the meetin •s of the council; and

(c) perform all the duties and exercise all the powers specifically imposed or conferred on the chairman by t has Act.

21. Functions of lhe commu:sioner.-The commisstoner shall-

(a) carry into efft>ct the reso1Uiions of the council unless such resolutJon is suspended or cancdled by the Government. E~planalron / .-Where a resolution is suspende,l or 01ncelled in part only and the remaining pat t of the resolution can be carraed into ~ct independt" t of the part so suspended or cancelled, the part which has not bten suspended or cancelled shall be earned tnlo effect. ExplallatlOTI II.-The commissioner shall . in cases where: he: is satis- fied th tt any resolution passed by the connc•l 1s ultra rnres rhe p~o, is10ns of thi~ Act or any other bw for the timt- being n force, 1 epo• t the matter to the Govtrnmcnt WJih1n such time ~s rna, be prescnbed and shall carry the res ,]utJOn mto effect 1f n 1S not suspended or cancell!"d in whole or m p;~rt hy thr Government.

(h) furntsh to the cour>c1l such periodical reports regarding the pro~!H'SS made in carrying out the resolutions of that body in the collec· tion of taxes as the council may diTect; and

(c) pe1form all the ri utit"s and cxcrche all the powers specifically imposed or conferred on the commissiOner by thts Act, and subject, whenrvrr it is hereinafta expressly so prov1dcd, to the sanction of the council, nnd subject to all other r~tnctiom, limHatJons and conditions heuin.after impnsrd, exe•cise rhe O(ecurive power for the purpose of carrying o .. t the provisions of this Act at .d be directly lesponstble for tl-e due fulf•lment of the purposes of this Act.

22. Rights of chainrum.-The chairman shall have full access to all the r('corrls ol the municipal counctl and no offic1al correspondence betw«.-en the council and the Government shall be conducted except thr<'ugh the chairman. The chairman shall be bound to taansmit communications addressed thtough lum by the commissioner to the Go' ernmrnt or by the Government to the commtssi :ner.

23. The chairman to be a mtmbtr of evm commrllee.- The chairman sl·all b 'iJ tue of hts office, be a mrmbcr of evtry committee of the counctl, except the standing committee constituted under section 1 3. I

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24. Emergency powers of commtmoner.-The comrntSSIOner may in cases of emergency ditect the executton of any work or the doing of any act which would ordinarily requtre the sanction of the council, and the tmmediate execution or domg of which ts, tn hts opmion, necessary for the service or sarety of the publtc and may dtrect that the expense of executing such work or domg l>uch act shall be pajd from the mumcipal fund :

Ptovided tbat--

(a) the cornmjsstoner shall not act under thts section except m consultation with, or at the instance of, the chatrman;

(b) he shall not act under this section in contravention of any order of the cf)unc1l prohibiting the executlOn of any particular act;

(c) he shall report the action taken under this section and the reasons therefor to the counc1l at its next meetmg; and {d) the wo1k shall be executed or the act performed in accot·· dance wath the procedure prescnbed for the cxecut1on of such work or the doing of such acL

25. Power of commtmoner w zncur petty contwgenl expe11diture.-The commissioner rna,., without the sanctton of the counc1l, incur petty contingent expenditure incidt:ntal to the municipal adminiStration not exceeJmg fifty rupees in each case:

Provided that-

{a) provision to meet the expenditure is available under the re}e .. vant head of aC'count m the budget; and

(b) the commissioner shall report any expenditure mcurred under th1s section and the reasons therefor to the council at its next meeting.

26. Delegatzon and dev.olutron of functrons of chatrman.-(1) The chauman may, by an order m wntmg, delegate any of hJs funct1ons to the vice-chatrman:

Provided that he shall not delegate any functions which the municipal council expressly forbids him to delegate.

(2) If the chairman has been continuously absent from junsdtction for more than fi fteen days or 1s incap-lCitated, hi~ functions shall, during such absence or rncapacity, devolve on the v1ce-chairman:

Pro\'ided that where the absence from jurisdictton of the cha1rman is within the State and is on busines$ connected w1th the munictpatity, the chairman'' functions shall not, except to the extent, 1f any, to which funct1ons have been delegated by him under sub-section (1) , devolve oz:

the vice-chautnan.

(3) lf the VJCe-chairman also has been continuously a bsent from JUCisdichon for more than fifteen days or is mcapacitated or if the office of vice-chairman is vacant, the chairman may, by an order in wuting, delegate any of h1s functtons to any councill\)r who shall be &tylcd clwrman-delegate during 'he penod of delegation:

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Provided that-

(1) when an ord('r of delegatlon made under ltus sub-seclton lS in force, no further o;der of delegat1on of any funct1ons shall be made m favour of any counollor other thin the councillor in whose favour the order in fo, ce was made ;

(n) no delegat1on under this sub-section shall, wtthout the spec1al sanction of the council, be made for any period exceeding m the aggre- agte ninety days in any year ; and

(iii) every order made u nder th1s sub-sectJon shall be communi- cated forthwith to the council, the Collector and the D1rector. ( 4) The exercise or drschar.ge of any functtons delegated under sub-sections (1) and (3) shall be .subject to ~uch restttctions, !mutations and condtttons, if any, as may be laid down by the chairman and shall also be subject to hts control and revlSion. The cha1rm an shall also have power to control and revise the exerc1se or dtscharge of any fun- CtiOns dc"olving on the vice-cha1rman under sub-section (2).

27. Rrghts a11d dutus of tk eommusroner.-(I) (a) The commissioner shall have the nght to attend the meetings of the counctl, the standing comnuttee or any other committee thereof, and take part m tlte dis- cussions thereat, but shall not have the nght to move any resolutJon 01 to vote.

(b) He shall attend any meeting of the council or of any com- mittee if required to do so by the chairman.

(2) The offieen and 6ervants of the munic1pal council shall be sub-ordinate to the commtsstoner. ·

(3) Subject to any d itections given or restnctions 1mposed by the Government or the munic1pal counctl, the <.Ommisstoner may, by order m writing, delegate any of h1s functions to any officer ot servant .6f the council or to any officer of the Govemment. The excrc1se 01 d1scharge of any functions so delegat•:d shaH be subject to :.uch restnct10ns, limitations and cond1t1ons as may be la1d down by the commissJOner and shall also be subject to his control and revlSion. The Council

28. Fufllttrms qf the eoU17cil.--Subject to the prov1s1ons of this Act, the municmal adm · istration shall vest m the council, but the coun~tl sJiill not be entitled to exercise functions express y igned by or under thi~ Act or any other law to the chairman, the commtsszoner or the standing comnutt~

29. Dutze.s tmd powers ~ zndzuidual councillors.- (1) Any councillo.r may call the dttent1on of the commissioner to any neglect in the execution of municipal work, to any waste of municipal property, or to the wants of any localtty and may suggest any tmprovements which may appear desirable.

(2} Every counciUor shall have the nght to move r esolutions and to mtct pellate the chairman on matters connected wtth the murucipal admmlStrallon subject to such regulations as may be framed by the COUDC1J. . '

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(3) Every councillor shall have access durm~ office hours to the records of the council after giving due notice to the commtssioner, pro- vided that the commis!>ioner may, for reasons gwen in writing and with the approval of the chairman, refuse such access.

30. Councrl's pcwer LfJ call for recQrd.-The ·council may at any tim~

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(g) the persons by whom receipts may be granted for money pa1d to the counc1l; and

(h) all other similar matteN.

35. Appointment of JOITlt committee.-(!) A council may, and irso required by the Go"emment shall jom with one or more than one other local autbonty ill constituting a joint committee for any purpose in which they are jomtly interested or for any matter for wh1ch they are jointly responsible.

(2) A joint comm1ttcc may include persons who are not members of the local authorities concerned but who may in their opinion possess spec1al quahficat10ns or spec1al interest for serving on such committee:

Provided that the number of such persons shall not exceed one· third of the total number of members of the jomt commi ttee.

(3) The constitution of a jomt committee shall be by means of re- gulations wh1ch shall not, except in the cases referred to sub-sections {6) and (7), have effect. unlesc; assented to by each of the local authorit1es concerned. The regulations shall be made by the prescribed authonty with the approval of the Government,

{4) The regulations shall determme-

(a) the total number of members ofthe JOUlt committee;

(b) the number who shall be members ofthe local authorities concerned and the number who may be outsiders ,

(c) the persons who sh.tll be members of the JOint committee or the manner in which they shall be elected or appomted

(d) the person who mall be cha1rman of tht" jomt committee or the manner m whtch he shall be elected or appointed ,

(e) the tenn of office of members and chairman;

(f) the powers, being powers exrrc1sable by one or more of the local authorttties concuned, which may be cxerci:>ed by the joint com· mittee ; and

(g) the procedure of the joint comm1ttee.

(5) Regulations made under sub-sections (3) and (4) may be varied or revoked, provtdecl that all the local authont1es concerned assent to such variauon or revocauon.

(6) If the Government take action under sub-section (I), they may issue such d1rections as they thmk necessary or desirable in respect of all or any of the mattets referred to m sub·sect1ons (3) and (4).

(7) If any difference of opinion anses between the local authoritie~ under any of the forego1ng provi~ions of this section, it shaH be referred to the Government whose dects1on shall be final .

36. ./'loltjrcatJol1 0) uerttons -All elections oJ chaaman, vice-cbarman and mem~rs ofmuD!clpal councils !hall be notified 111 the Gazette 37: PrmdencyoJCounczL-(1) Evety rneet1ng ofthe council shall be pre.c:ided over by the cha1rman; m his absence by the vice-chauman; ar.d in the «b~ceofborh the chauman and the VJcc-cha1rman, by a councillor chol>en by the !11 ~::::1g to presrde for the occas1on :

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Provided that, where.the names of two or more councillors are pro- posed and seconded, it shall be lawful for the commissioner. or, if the commiss10ner is absent, for the senior-most officer on the municipal estabhshment to conduct the clectlon in such manner and subject to such rules as may be prescribed.

(2) The chairman shall p•.eserve order and shaH decide all points of order ari~ing at or in connection with meetings. There shall be no dtscussion on any point of order and the decision of the chairman on any point of order shall, save as is otherwise expressly prov1ded in this Act, be final.

(3) A vice-chainnan or councillor presiding for the occasion shall, while so prestding, have all the powers of the chainnan.

38. Councillor when to abstainfrom takmg part in discussion and voting.- ( 1) No council!ot shall vote on, or take part in, the discussion of any question coming up for constdetation at a meeting of the council or any committee, 1f the question is one in which,.apart from its general appli- cation to the public, be has any direct or indirect pecuniary interest by himself or his partner.

(2) The chairman may .prohibit any t.ouncillor from voting.or taking part in the discussion of any matter in which he believes such councillor to have such intere!>t or he . may require such councillor to absent hirJl..self during the discussion.

(3) Such councillor may challenge the decbion of the chairman who shall thereupon put the question to the meetmg. The decision of the meeting shall be final.

(4) If the chairman is believed by any councillor present at the meeting to have any such pecuniary interest many matter under dis- cussion, he may, if a motion to that effect be carried, be required to absent himself from the meeting during such discussion.

(5) The councillor concerned shall not be entitled to vote on the question referred to in sub-section (3}, and the chairmao concerned shall not be entitled to vote on the motion referred to in sub-section ( \). Explanation. -''Chairman" in this section includes a vice-chairman or councillor presiding for the occasion or the chairman of the standing · committee or other committee or member presiding for the occasion.

39. Power of chan man, uiu-chmrman or councillor to resign.-Any coun- cillor, other than the chairman, or the vice-chairman may resign his office by givmg notjce to the chairm,m The chairman may res&gn by giving notice to the Deputy Dtrector who shall forthwith intimate the same to the council Such resignauon shall take effect, in the case of a councillor or vice-chairman, from the date on Vv hich it is received by the chairman and , m the case of a ch:Urman, from the date on which it is received by the Deputy Director.

40. Aets of mun1Ctpal council, etc., not to he invalulated by irrformalrty. etc.-No act of a mumcrpal councrl or of a committee thereof or of any person acting as cha1rman, VICe-chairman or member of the municpal council o r comm1t tee shaH b,. deemed to be invalid by reason only of a defect in the establishment of lhe municipality or comm.ittee Of on the 34/4Q95

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ground that the chairman, vice-chairman or any member of the council or coUlmittee was not entitled to hold or continue in such office by reason of any disqualification or by reason of any irregularity or illegality in his election or by reason of such act having been done during the period of any vacancy in the office of chairman, vtce-cllairman or m~mber of the council or committee.

ADMlNISTRATIOI'I REPORT AND ANNUAL F&:MANOIAL

STATEMENT

41. Annual adminirtratwn report.-(1) As soon as may be after the first day of April in every year and not later than such date as may he fixed by the Government, the municipal council shall submit to the Government a report on the administration during the precedang year in such form and with such details as the Government may direct. If the Government deem it necessary, they may call for the remarks of the Director on such report and may forward the remarks to the council, and the council shall be entitled, within such time as the Government may fix, to offer or make such explanations as the council thinks fit.

(2) 1'he commissioner shall prepare the report ; the municipal council shall considet his report and forward it to the Governmenl with its resolutions thereon, if any.

(!) The report and the resolutions thereon, 1f any, shall be publi- shed in such manner as the council, subject to the approval of the Gov- ernment, may direct.

t2. AnnMalfinanaal stahment.- (l) The commissioner ahall publish not later than first week of June an annual finandaJ statement of the preceding year, approved by the council, in such form as may be pre- scribed, cmbodymg a dass1fied ab~tract of receipts and layments ofthe council under Revenue and Debt Heads, a deman , collection and balance statement, and a statement of the general financial position of the mu.nicipality.

(2) A copy of the annual financial statement shall be forwarded to the auditors immediately after publication.

CoNTROLLING AUTHORITIES

43. Power of Gooemmml, Collector and Dzrector for purposes of conJrol.- (l ) The Collector or the Director, if so authorised in this behalf by the Gc,vernment, may enter on and mspect, or cause to be entered on and inspected, any immovable property or any work in progress under the control of aD}' municipal authority.

(2) The Government, or the Collector or the Director if authorised io this behalf, may,-

(a) call for any document in the po~ession or under the control of any council or commisioner ;

(b) required any council or commissioner to rurmsh any return plan, esttmate, statement, account or statistics ; ' {c) require any council of commiSsioner to furnish any infor· mation or report en any mun1cipal matter ; ,

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( d} record in writing, for the consideration of the council ot commissioner, any observatioi\S they or he may think propet m regard to 1ts or his proceedings or duties.

44. Col~cior's power to enforce execution of resoluttotl .-lf 1t appears to the Collector that the collllltis>ioner of a municipll.lity hcu made default in carrying out any resolution of the council, the Collector, after giving the comm1.;sioner a reasonable opportunity of explana.tion, shall send a report thereon together with the explanation, if any, of the commis- sioner to the Government and at the same time forward a copy of the same to the council.

45. Power to suspend or cancel resolutions, lie .. under the Acl.-(l) The Goverrunent may, by order in writmg,-

• {i) suspend or cancel any resolution passed, order issued, or licence / or permission granted, or

(ii) prOhibit the doing of any act which is about to be done or is being done,

in pursuance or under colour of this Act, if m their opinion- ( a) such resolution, order, licence, permission or act has not been legally pa!Sed, usued, granted or authorised, or

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'til\ ' {b) such resolution, order, licence, peru:liMion or act is in exccss of the powers conferred by this Act or any other law, or

(c) the execution of such resolution or order, the continuance in force of such licence or permission, or the doing of such act is likely to cause danger to human life, health or safety, or is likely to lead to a riot or an affray :

Provided that the Government shall before taking action under this section on any of the grounds referred to in claus~ {a) and {b), give the authority or person concerned an apportunity for reconsideration arid explanation.

(2) If, in the opinion ofthe Collector, immediate action is nece&• sary on any of the ground referr~d to in clause (c) of sub.section (1), he may suspend the resolutton, order, hcence, permiss1on or act, as the case may be, and report to the Government who may thereupon either rescin.d the Collector's order or, after giving the authority or person concerned a reasonable opportunity of explanation, direct that it con- tinues in force with or without modification permanently or for such period as they think fit.

46. Emergen&J powers ofCollector.-(l ) The collector may, in case of emergency, direct or provide for the execution of any work, or the doing of any act which the council or the commissioner is empowered to oecnte or to do, and the immediate execution or the doing ofwhich is, in his opinion, necessary for the safety of the public, and may direct that the expense of executing such work or doing such act incurred as the emergency may require shall be paid from the munic1pal fund. The commissioner shaH make the payment on such direction : . Provided that no direction for payment from the municipal fund shall be issued in respect of any sum wh1ch is in excess of five hundred rupees wjthout the previous sanction of the Government •

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• (2y Every case in which the powers conferred by thi.s section are exercised shall he forthwith report to the Government by the Collector with the rearons in full for the exe1 cise of such powers ; and a copy of the letter shall at the same time be sent to the municipal cou neil and Deputy Director for infonnation.

47. Govmtment,s power to appoint offi·ers to .supervue municipal courzeils.- ... (I) The Government may appomt such officers as rna y be required for the purpfe of inspectmg or supenntendmg the operations of all or any of the municipal councils estabhshed under this Act.

(2) All schools, hospita.Js dispensaries, vaccine ~tations, choultrics and other institutwns maintamed by any municipal council and all documents rela-tmg ~thereto shall at all times be open to the inspection of ·s\Jch officers-as the Government may appoint m that behalf.

(3) Munic1pal authorities and municipal officers and servants 1ha1I be bound to afford to impecting or supenntending officers of Govern- ment appointed under tht::. section such access at aU reasonab1e times to municipal property or prem1ses, and to all documents wh1ch, subject to any rules framed for their gUidance under section 344 (2) ( p), they may consider to be necessary to enable them to d1scharge their duties of mspedion or superintendence.

48. Control oller mumczpal electrzcal underakzng.-The administration by a munic1pal council of any undertaking for the gcneratton, transmissjon supply 'ruse ,of electrical energy shall be subject to such control as may be prescribed not inconsistent with the E lectl icity Act, 1910, or the Electricjty (Supply) Act, 1948, the rules made under those Acts and the tenus of the Lccnce granted under the Electncity Act to the municipal coune•l.

49. Governmmt's power to undmalce works for or to talce action in default ofa muntcipal counczl.-(1) If at any time it appears to the Government t hat a municipal council or chairman or stand10g comm1ttee or com- _ missioner has made default m performing any duty imposed by or under this Act or any other enactment they may, by order in wnting, fix a period for the performance ofs:uch duty.

(2) If such duty is not performed within the period so fixed, the Government may appoint some person to perform it, and may direct th.1t the expense of performing it shall be paid, wJthm such time as they may fix, to such person by the municipal council.

(3) For ' thc purpose of taking the action directed as aforesaid, the ~rson appointed under su ~section (2) shall have power to make such contracts as are necessary, may ex:ercil.e any of the powers conferred on ·~ny municipal authority by. or under this Act and specified m this bdlalfm the order issued under subsect1on (2), and shall be entitled to ' protection under this Act as ifhe were a mumc1pal authonty. , 50. CorJernment' s power to undertake .certatn works.- The Government may. with the consent of the municipal councu, undertake on its behalf the comtruction of water supply, drainage or other w01ks, appomt per~ son~ to carry out the construction of lluch works and dtrect that the ex- penses incloomg the pay of such persons be paid from the mun&cipal

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51. Payment oJ t"xperrsts incurred under sectzons 49 and 50._:_( 1) I ( the ex- penses wh1ch the Government had directed under section 49 or section 50 to ~ paid fr om the mumopal fund ate not so paid, the Director, with the previOus sancuon of the Government, may make an order directmg the person bavmg the custody of the municipal fund to pay it in p riority to any other charge agamst such fund except charges for the serv1ce of authonsed loans.

(2) Suc::1 person :,hall1 so far as the fund' to the credit of the muni- pal council admit, be bound to comply with such order.

52. Gover nwnt to remove cha1rman or uice-charrman.-( 1) The Govern- ment may by notification remove any chairman or vice-chairman who in their opimon wilfully omtts or refuses to carry out or disobeys the provisions of this Act or any 1 ules, bye-laws, regulations or lawful orders issued thereunder or ablL~es the powers vested in him.

(2) The Government shall, when they propose to take action under sub-section ( 1) , give the chatrman or vice-chairman concerned an opportunity for explanation, and the notLfic.ation· issued under the aaid sub-s:ctmn shall contain a statement of the reasons of the Government for the action ta ken.

(3) •Any person removed•under ~b-section (1) from the office of chatrman or from the office ofvice·chairman shail not -be e.ligible for electton to elther of ~uch offices until the date on which the notice of the next ord1nary elections to the municipal council is published in the prescribed manner or the expiry of six months from the date of removal whichever 1s ea rlier.

53. Motion oj~J~J-.ctmjulence in cnairnum or vice-c/uzirman.-(1) Subject to the prov~ions of this secbon, a moti0n expressing want of confidence in the lchairman or in the vice-chairman may·be made in accordance with the procedure laid down herein.

(2) Wntten not1ce of the intention to make the motion, in such lorm as may be fixed by the Government, signed by such number of councillors as shall constitute not less than two·fifths of the sanctioned strength of th_e counc1l, together with a copy of the motion which is 1 proposed to be made, shall be delivpred by any two of the counciUors ~igning the nouce in person together, to the Deputy D1rector.

(3) The Deputy Director shall then conve~e.a mtetmg for the e~n- sideratlon of the mot1on, to be held at the muruclpal office, at a t1rne appointed by him whlch shall not be later th

(4) The Deputy Director shall preside at the meeting convened under thts section and no other person shall preside thereat. If within half an hour after the time app

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(5) If the Deputy Director is unable to preside at the meeting, h~ may, after recording his reasons in wnting, adjourn thl" meeting to such other nme as he may appomt. The date so appoin ted shaJJ not be later than thirty days from the date appomted for the meetine under sub-section (3). Notice of not less than seven dear days shall be given to the councillors of the time appointed for the adjourned meeting.

(6) Save as provided m sub-sections (4) and (5), a meeting conven- ed for the purpose of considermg a motion under th.is section shall not~ for any reason, be adjourned.

(7) AJ soon as the meeting convened under this section has com· menced, the Deputy Director shall read to the council the motion for the consideration of which it has been con'vened, and declare it to be open for debate.

(8) No debate on any mouon under this section shall be ad- journed.

(9) Such debate shall automatically terminate on the e:ll'.piry of two hours from the time appointed for the commencement of the meet- ing, if it is not concluded earlier. Upon the conclusion ofithe debate or upon the e:xpny of the said period of two hours, as the case may be, the motion shall be put to the vote of the council.

(10) The Deputy Director shall not !>peak on the merits of the motion, nor shall he be entitled to vote thereon. ( 11 ) A copy of the minutes of the meeting together with a copy of the motion and the result of the voting theteon shall forthwith on the termination of the meetmg be forwarded by the Deputy Director to the Government.

( 12) If the motion is caiTied with the support of the majority of the sanctioned s·trength ~>f the council, the Government shall, by noti· fication, remove the chairman or vice-cha1rrnan, as the ease may be,

(13) If the motion is not carried by such a majority as aforesaid. or if the meeung cannot be held for want of a quorum, no notice of any subsequent motion expressing want of confidence in the same cbair- man or vice~chairman shall be received until after the expiry of six months from the date of the meeting.

( 14) No notice of a motion onder this section shall be received within six months of the assumption of office by a chairman or vice- chairman, as the case may be.

54. Governmmt's power to dissolve or supersede council~-( I) If in the opinion of the Government a council persis~ntly makes default in performing the duties imposed on it by law, or exceeds or abuses its powers, the Government may by notification direct that the council be dissolved and reconstituted on such date as the Government may fix in that beha1f; or the Govemtnent may, if they think necessary, supersede the council for a specified penod not exceedmg two years:

Provided as follows:- •

(a) for the purpose or completing the electjon to a council which has been dissolved, the Government may, in their dic:cretion, from time to time, extend the time fi.xed by them under this s1• h..~ don for iti teeonstitution;

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{b) the Government shall not supersede a portion only of the municipal counciL

(2) Before publishing a notification under sub-section (I), tha Government shall commumcate to the councLI concerned the grounds on which they propose to do so: fix a reasonable period for the council to show cause against the propo!al and constder its explanations or ob· jections, ifany:

Provided that where a council has disobeyed an order issued under section 45, the Government shall not be bound to follow the procedure laid down in this sub-section.

(3) On the date fixed for the dissolution of the council under sub- section (1 ), all its members as well as its chairman and vice-chairman 'hall forthw1th be deemed to have vacated their offices, a nd fresh elec- tions shall be held in accordance with the prOvlSions of thts Act. The newly elected councmors shall enter upon their offices on the date fixed for the reconstitution ·Of the council.

(4) Supersession shall take effect from noon on the date or publi- cation of the notification, if no date is therem specified, and thereupon the following consequences shall ensue :-

{a} All the members of the council as well as its chairman and vice-chairman shall forthwith be deemed to have vacated their offices.

(b) AU or any of the functions of the council and of its chair- man and of the standing committee and other committees may, during the period of super~ion, be exerclSed and performed, as far as may be, and to such extent as the Government may determine, by such persons as the Government may appoint in ,that behalf and any such person may, if the Government so dtrect, receive payment for his services from the munic1pal fund; the Government may determme the relation· ship ofsuch persons w1th the controlling officers and with themselves; and the Government may, if they deem it fit, direct the commissioner to perform all or any of the powers and duties of the council, the chair· man and the standing committee and other committees, in addition to his own.

(5) On or before the expiry of the period of super5ession notified under sub-section (I), the ~ovemment rna y, by notificatJon, for reasons to be stated in the notification, postpone the reconstitution of the council for a further period not exceeding six months, Ot' no twithstand· ing anything contained in the proviso to sub-section (3) of section 4-, withdraw the area of the municipality from the operation of this Act under that section.

(6) The Government may reconstjtute the council before the expiry of the period notified under sub-sec6on (I) or sub-section (5) .

(7) When a council is dissolved or superseded under this section, the Government until the date of the reconstitution thereof, and the reconstituted council thereafter, -;hall be entitled to all the assets and be subject t•) all the liabilities of the council as on the date of the dis- solution or supersession and on the date of the reconstitution, respecti• vely.

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5.5. . Powt1 of.o.ffi«rs actingfor, .or u1 dtfault of,· municlpal council a11d lrabtlrry of mumczpol fund.- When the Collector or pet son appointed . by the Govo nment lawfully takes action on behalf or m default of the mun1C1pal couno1 unde1 this Act, he shall have all such powc~ as ate necessary for the purpose, and shall be entitled .to the same protection under th1~ Act as the mur.1cipal authority whose po\\ers be 1s exercismg, and compensation shall be recoverable from the munJcipal fund by any per...on suffermg damage fi om the exercise of such powers to the same extent as if the action had been taken by !,UCh municipal authonty. CHAPTER IV- ELECTION OF COUNCfLLORS

Eltctions

56. Elution if municipal councrllors.- - (1) For the IJUI pO!iCS of election of counctllors to a murucipal council, the Government, after consulting the municipal council and after p1 cvious publication and hearing of objcctiom, if any, may, by notificat•on,-

(a) divide the municipality into as many wards as there are non·reserved seab:

Provided that the population of the wards in whtch no scats a re reserved under sub--sections (3) and {6) of section i ahall, a~ far as possible, be equal; and

(b) determine the \\>ard or wards in "hich the scat or seats, if any, shall be reserved for Scheduled Ca stes and Scheduled T1'1bes and for-women under sub-secttons (3 ) and (6) of :)ection 7. {2) l.xcept in the ca&e of the ward or warru detet mined under clawe-(b) of sub-~ecllOn-( 1 ), one councillor shall be elected for ~cb W~td.

(3) The ward or wat ds referred to in clause (b) of sub.scction (1) shall return, m additionto·members of such teserved seats, one member for non·reserved seats.

{4( 1'.11 the · electors ofa ward, irresprctive ofthe commumty to which they belon,, shall be entitled to vote at an election to an)' sear m that ;ward, whether reserved or n l"n·rcserved.

(5) In a ward where a seat •s reserv('d for Scheduled Castes and Scheduled Tnbes or for women, ('Vet y elector shall have as many votC) as there a1 e councillors to be elected, but no elector ~hall give mote than one vote to any one cand idate.

(6) If aJ elector gives more than one vote to any one cand1date in contravention of the provi~ons of !)ub~section (5) , then at the time of coua tmg•ofvotC$, only one of the votes giver~ by him to such candidate ~hall be taken mto account and the other vote gtven by htm to such candtdate ahall be rejected a.s void. ~-- ~ ·

(7) When issumg undor sulrsecLJon (1) a notification whach mate- rJ.ally allera the existmg diVISion of a muJ\JCJpahty mto wards, the GovernO\ent may dJrect that ,the altet at ton shall take effect froJn the (iaa,e.of-the n~t ordwar lf clections,

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(8) When the l').umber of councillors to be returned by a ward is altered or when a new ward b fonned ot· when an existing ward is abolished, the election autholity shall With the approval of the Govern- ment determine-

(a) the ward which each councillot· then on the council !>hall be deemed to represent; and

(b) the ward or wards in which elections shall be held to fill up vacancies, if any, in the council.

(9) The elections under this sect10n shall be by ballot.

57. Qualtficat.ions for mclusion in electoral roll for the municipali!J and publication thereof.-( l) Every person whose name is included in such part of the f'lectoral toll for any Assembly Constituency as relates to the munictpality or any portton thereof shall be entitled to be inch•ded in the electoral roll for the municipality prepared for the purposes of thlS Act,and no other person shall be entitled to be included in such roll. Explanatioll /.-Where, in the case of any Assembly Constituency, there rs no distinct part of the electoral roll I elating to the mumcipality, aU persons whose names are entered m such roll und('r the reg1strat,ion area comprising the mumcipality and whose address as entered in such roll are situated in the muntcipality shall be entitled to be included 1n .the electoral roll for the rnunicipahty prepared for the purposes of this Act.

Explanatiou l/.-No person's name shaU be mcluded in the electoral roll for the mumcipahty in more than one place. '

(2) As soon as may be after the electoral rolls for the Assembly Constituencies which consist of, or comprise, the municipaltty or any portion thereof have been ()Ubhshed, revised or amended m pursuance of the representation of the People Act, 1950, any person authonsed by the election authority m this behalf shall publish in. such manner as the Government may direct, the portions of the said rolls which relate to the municipality or of the a1tet ations therein, as the electoral roll for the municipality 01 as alterations to such roll, as the case may be.

(3) The electoral roll for the municipahty shall be divided into separate lists for each ward.

(4) Where, after the e'ectoral roll for a mun1cipahty or any altet a~ tions thereto have been pubhshed under sub-sect1on (2), the muniCipa- lity is dtvtded into watd~ fo1 the first time, or the diVIsions of the muni• eipality mto wards is altered, or the hmits of the muntclpahty ate varied the clect10n authority shall, as soon as may be after such divt- sion o; alteratton or vanauon, a!> the case may he, in order to give effect to the divisions of the munictpahty mto ward-; or the alteratton of the wards or to the variation of the limrts, as the c~e may be, authori'>e a re-arrangement and repubJ~atton of the electoral roll for the munJCl· pahty or any part of such roll in such man net as the Government rna y direct.

(5) The electoral roll for the muntcipalitv publtshed under sub- sect ion (2) as rev1sed by .any alteratiOns thereto subsequently pubhshed under that su b-sect iOn or under sub-section (4) shall remain 1n fore«:

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until the publication of a fresh electoral roll for the municipality under aub-section (2).

(6) Every person whose name appears in the electoral roll fo r the municipal.ity as so revised shall, so long as it remains in force, be enti tled, subject to the provisions of this Act, to vote at an ele.ction; and no person whose · name does not appear in such roll shall vote at an election :

he-

Provided ·that no person shall vote at an election of councillors if

(a) has been adjudged to be ofunsound mind; or

(b) has voluntarily acquired the citizenship of a foreign State; or

(c) has been sentenced by a criminal court for an electoral offence punishable under .section 71 or clause (a) ofsub-.section (2) of section 7.2 or has been disqualified from exercising any electoral nght on account of corrupt practices in connection with an election, and six years have not elapsed from the date of such sentence or disqualifi- cation, provided that the disqualification under this clause may at any time be removed by the Government if they think fit, Explanatum.-In tb.il section and section 58, the expressio.1

"Assembly Constituency'' shall mean a constituency for the purpose of elections to the Kerala Legislative Assembly.

56. Amendmen.t.I /Q elatoral roU.-Notwithstanding anything contained in section 57, the election authority may, after making such inquiry as it thinks fit, pubhsh in such manner as the Government may direct, amendments to the electoral roll for any municipality for the purpose of bringing it into accord with the electoral roll for the relevant Assembly Constituency.

59. Qualifi&a.tum of candidates.-No person shall be qualified for election as a councillor unless-

( a) the name of such person appears on the electoral roll of the municipality;

{b) he has completed his twenty-fifth year of age;

(c) in the case of a seat reserved for Scheduled Cutes and Sche- duled Tribes, he is himself a member of any oi the Scheduled Casta or Scheduled Tribes;

(d) in the case of a seat reserved for women~ such peraon is a woman.

60 Duqualifteation of officers and S"trv.ants of GovmJmttlt, local authorilit.S, etc.- ( 1) No officer or servant of the State or Central Government or ef a local authority or of any mstitution or class of institutions notified by the Government in this behalf shall be qualified for election or for hoJdmg office as a councillor.

(2) If any question arises either before or after an election whether any person is or ts not disqualified under this section, the question shall be referred to the Government, whose decision shall be final.

61. Dtsqualiftcation of pe~sons co11viclt.d if' election oifences.-Every person convtcted of an offence pumshable under Chapter IX-A of the Indian Penal Code ,or under any law or rule relatini to the infringement of the

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62. Disqualifo;alzon of candzdatu.-( 1) A person who has been sen· tenced by a crimtnal court to imprisonment for a penod of more than two years for any offence other than an offence not mvolving moral delinquency (such sentence not having been reversed or the offence pardoned) shall be disqualified for election as a councillor while undergoing the sentence and for s1x yea1·s from the date of the ex pi ration thereof:

Provided that the Government may direct that such sentence shall not operate as a disqualification.

(2) A person shall be disqualified for election as a councillor if, at the date of election, he-

( a) has been adjudged to be of unsound mind ; or

(b) has voluntarily acquired the cttizenship of a foreign State;

(c) has been sentenced by a criminal court for any electoral offence punishable under section 7l or clause (a) of sub·section (2) of section 72 or has been disqualified from exercising any electoral right on account of corrupt practices in connection with an election, and six years have not elapsed from the date of such sentence or disqualtfication:

Provided that the disqualification under clause (c) may at any time be removed by the Government 1f they think fit;

(d) is an applicant to be adjudicated an insolvent or is an undis· charged insolvent;

(e) is interested in a subsisting contract made with, or any work being done for, the municipal counctl except as a shareholder (other than a dirC(:tor) in a company or except as permitted by rules made under this Act.

Explanalion.-A person shall not, by reason of his having a share or mterest in any newspaper in which an advertisement relatmg to the affairs of the munic1pal council may be inserted, or by reason of his hold- ing a debenture or being otherwise concerned in any loan raised by or on behalf of the council, be disqualified under this sub-section;

(f) is tmployed as a paid legal practitioner on behalf of the council or as a legal practitloner against the council;

(g) is already a councillor whose term of office as such will not expire before his fresh election can take effect or has already been elected a councillor whose term of office has not yet commenced;

(h) is an arrears of any kind due by him to the municipality (otherwise than in a fiduciary capacity) up to and inclusive of the pre- vious year in respect of which a bill or notice has been duly served upon him and the time, if any, ~pec1fied therein for payment has expired;

(i) is d1smissed or suspended from the service of Government or the service of any municipal corporation, municipahty or panchayat or any other service recognised by the Government;

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(j) is debaned from practising as an Advocate or Vakil;

(k) is a leper or a deaf-mute.

63. Dzsqualifzcation of counnl/ors -Subject to the provisions of section 65, a councillor shall cease to hold office as such 1f he- { a) lS sentenced by a cnminal court to such pumshment and for such offence as 1S described in sub-section (I) of section 62, unless the Government direct that such sentcnee shall not operate as a dis- quahficauon; or

(b) has been adjudged to be of unsound mind; or

(c) has voluntarily acquired the citizenshtp of a foreign State; or

(d) has been sentenced by a criminal court for any electoral offence punishable under section 71 or clause (a) ofs•tb.section {2) of section 72 or has been dtsquahfied from exercising any electoral right on account of corrupt practices in connection with an election, and six years have not elapsed from the date of such sentence or disqualification, unless the Government drrect that such sentence or disqualifi~atton shall not operate as a disqualification ; or

(e) has applied to be adjudicated, or is adjudicated, an in· solvent; or

(f) acquires any interest in any subsisting conuact made with, or ~ork being done for, the counc1l except as a share-holder (other than a director) in a company or except as perrn1tted by rules under this Act. . ExplaJiatzOil.- A person shall not, by teason of his having a share or interest m any newspaper in which any advertisement relating to the affairs of the council may be tnscrted, or by reason of h1s holding a debenture or being otherwise concerned in any loan raised by or on behalf of the council, be disqualified under this sub-section; or

(g) is employed as a paid legal practitioner on behalf of the council. or .accepts employment as a legal practitioner against the council; or

(h) cease~; to reside in the municipality ; or

(i) is debarred from practising as an Advocate or Vakil;

U) is a leper ; or (k.) is in arrears of any kind due by him {otherwise than in a fiduciary capac1ty) to the council up to and inclusive of the previous year in respect of which a bul or notice has been duly served upon him and the time, lf any, specified thereto, has expired ; or

(I) absents himself w1thout the permission of the council from the meetings of the coun£il for a period of three consecutive months reckon- ed from the date of the commencement of his term of office, or of the last meeung whtch he attended, or of his restoration to office as member under sub-section (l) of section 64. as the case may be, or, tf within the said period, less than three meetings have been held, abs-ents himself from three coruecunve meetings held after the said date :

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(i) due notice of that meeting was not give~ to him ; or

(ii) the meoting was held after giving shorter notice than that prescnbed' for an ordinary meeting; or

(iii) the meeti!'g was held on a requisition of members. ,

64. Restoratton of cowu:illors.-(1) Where a person ceases to be a councillor und('r section' 61 or Clause (a) ofsection 63, he shall be res- tored to office for such portion ofthe period for which he was eltcted as may remain unexpired at the date of such restoration, if and w'&en the

• sentence is annuUed on appeal or revition or the disqualification caused by the senterlce is removed by an order of the Government, and any per;,on elected to fill the vacancy in the interim shall, on such restora· tion, vacate office.

(2) Where a person ceases to'be a councillor under cla\Ue (1) or section 63, the conunissioner shall at once mtirhate the fact in writing to such person and report' the same to the council, at its next meeting. If such person apphes for restoration·to .the council on or Defore the date of its nrxt meeting or withm fifteen days of the receipt by him of such in timation, the council may at the meeting next after the receiPt of such application ~tore him to his office of councillor :

Provided that a counciUor shall not be restored more thari\twice during his term of office. .

65. Determination of valid•t./ of elections.-(1) If on the applieation made by a person referred to in sub-section (2) within the period ~eci· fied therein, the DiStt ict judge, afte1 such enquiry as he coris1ders

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(a) that no such corrupt practice was committed at the election by the candidate or his election agent, and every such corrupt practice was committed contrary to the otders, and without the consent of the candidate or his election agent ;

(b) that the candidate and his electio n agent took all reasonable means for preventing the commiSSion of corrupt practtces at the election; and

(c) that in all other tespects the electlon was free from any cor- rupt practice on the part of the candidate or any of hts agt:nts, then the District Judge may decide that the clect10n of the returned cand1date is not void:

Provided also that when the :01stt ict Judge declares the election of any councillor invalid on the ground of corrupt practice, he may declare him or any other person by whom any corrupt practice has been committed to be disqualified from exercising any electoral right and from being a number of any municipal council for a penod not exceeding aix years, and his decJsion shall be final.

(2) Any person quahfied to vote at the election in which any ques- tion mentioned in sub-secuon (1) is involved may, at any time within fifteen days after the date of the declaration of the resu lt of the election, apply to the DistnctJudge for determination of such question.

(3) At any time, on the application of any person whose name appears m the electoral roll and who is not otherwise disquaWied or of the commissioner under direction from the council or .nto motu the District Judge, after such enquiry as he considers necessary and after g1ving an opportumty to the councillor concerned to be heard, is satisfied that any councillor elected under sect ton 9 or section 59 has incurred any of the disquahficahons mentioned in sectLon 63 after his assumption of office aa councillor, the District Judge shall declare that such councillor shall cease to hold office and, upon such decla ration, the councillo1 con- cerned shall vacate h1s office. such declaration shall be final. Pending such declaration, the councillor shall be entltled to act as if he were not disqualified. • ( 4) Subject to the provisions of this Act and the rule a made in this behalf, any enquiry UDder sub-sectjon ( 1) or sub-section (3) shall be held by the D istrict j udge as early as poss1ble in accordance with the procedure applicable under the Code of Civil Procedure, 1908 (Central Act 5 of 1908), when trying a sutt.

(5) The term ''District judge" for the purposes ofthil section shall mean the District judge having j urisdiction over the area comprised in the municipality, and in case of a municipality comptlSed within the jurisdictioa of more than one District Judge, such District judge~ may be detennined by the Government.

66. Corrupt practiu.-The following shall be deemed to be corrupt practices for the purposes of this Act:-

( 1) "Bribery," that is to say,-

(A) any gift, offer or promise by a candidate or his agent or by any other P.erso~ with the consent of a cand.tdate ?r his el~tion agent of any gratification, to any person whomsoever, W1th t heobJect directly or indirectly, of inducing- '

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(a) a person to stand or not to stand as, or to withdraw from being, a candidate at an election, or

(b) an elector to vote or refrain from voting at an election, or as reward t()-

(i) a person for having so stood or not stood, o~ for having withdrawn his candtdature, or

(ii) an elector for having voted or refrained from voting;

(B) the r~eiving or, or agreement to receive, any gratification, whether as a motive or a reward-

(a) by a person for standing or not standing as, or for withdraw- ing from being, a candidate; or

(b) by any person whonuoever for himself or any oiher person for voting or refraining from voting or inducing or attempting to i.nduce any elector to vote or refrain from voting or .any candidate to withdraw his candidature.

Explanation:-For the purpose of this clause, the term "gratification"

is not restricted to pecuniat y gratifications or gratifications estimable in money and it includes all forms of entertainment and all forms of em- ployment for reward, but it does not include the payment of any expenses bona fide incurred at, or for the purpose of any election. {2) "U.ndue influence" that is to .say, any direct or indirect inter- ference or attempt to interfere on the part of the candida:te or his agent, or of any other person with the consent of the candidate or his election agent, with the free exercise of any electoral right. Provided that-

(a) without prejudice to the generality of the provisions of this clause any such person as t.s referred to therein who-

(i) threatens any candidate, or any elector, or any person in whom "'a candidate or an elector is interested, with injury of any kind, including social ostracism and ex-communi· cation or expulsion from any caste or community; o.r (ii} induces or attempts to induce a candidate or an elector to believe that he or any person in whom he ic; interested, will become or will be rendered an object of divine dis. pleasure or spiritual censure,

shall be deemed to interfere with the free exercise of the electoral right of such candidate or elector within the meaning of this clause;

(b) a decl~ration of public po~icy or ~ promise. of public ~ction or the mere exerc1se of a legal nght w1thout mtent to mterfere Wtth an electoral right shall not be deemed to be interference within the mean- inc of this claute.

(3) The systematic appeal by a candidate or :rna age.nt or by any other per:,on.with the c~nsent of a cand1date or h1s eleet,on ag~nt to vote or refram from votmg on grounds of caste, race com.mumty or religion or the use of, or appeal to reUgious .symbols or the use ~f, or appeal to nat10nal symbols, such as tbe national flag or the n~tlo~l emblem for the furtherence of the prospects of that cand1dat~ , election.

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(4) The publication by a candtdate or his agent or by any other person, with the consent of a tandidate or his l"lect:ion agent of any s~te.tn~f offact which is false, and which he either believes to be false or aoes not believe to be true, in rrta'i!On to the personal character or copduct ofany candidate, or in rela tion to the candidature or with. drawal or retirement fl om contest, of any candtdate, being a state- ment rea~onably calculated to prejud1ce •the prospects of that candi. date~s election.

(5) ':fhe hiring or procuring, whether on payment or otherwise or any vehicle or vessel by a candidate or lus agent for the conveyance of any elector (other than the candidate himself, the membeJ's of his family or his agent) to or from any polling station:

Provided that the hiring of a vehicle or vessel by an elector or by several electors at their joint co::.t for the purpose of conveying him or them to and from any auch polling station shall n~t be deemed to be a corrupt practice under this cl.tuse ifthe vehicle or vessel so htred is a vehicle or vessel not propelled by mechanical power: ' · .f.rovided further that the use of any public transport veh icle or v~sc;l or railway carriage by any elector at his own cost for the purpose of going to or coming &om any such polling station shall not be deemed to be a corrupt practice under this clause. . . .

Explat~atton.-ln this clause, the expression "vehicle or vessel'' means any vehicle (iriCluding a motor vehicle as defined in the Motor VeJ;iicles Act, 1939) or vessel used or capable of being used for the pur. postof road or water tramport, whether propeUed by mechanical power Or otherwise and whether Uled for drawing Other vehicles Of vessels or otherwise.

(6) The obtaining or procuring or abettin& or attempting to obtain or procure by a candidate or his agent or by any other person with the consent o.f a <'andida te .or his election agen t, any assistance ·(other than the giving or vote) for the furthet ance 01 the prospects of that candidate's "Clection, from any person serv1ng under the Govern· meat or a local author1ty.

Expltzn.atwn 1.-ln this Jection, " election agent" means any person appointed in the prescribed manner by a candidate as h is election ~~gent. ·

Explanation Il.-For the purpose of clause (6), the expression «any ~erson serving under the Government'' shall include a village officer, by whatever name he is called , eDlployed under th_e Government, whether the offic.e hi! holds is a wholetime office or not, but shall not inclu~e any pttson (ofher than any such village office1 as afore~a1d) who has been dcd.ated by the Government to be a person to whom the provisions of this clause shall not apply.

ELECTORAL OFFENCES

•67. PrDhihition of public meetings orz the electwn day. - (J) No person shAll convene, hold 'or attend any public meeting within the municipal area in connection with an. election to .the municipahty on d1e date or the datea on which poll is take!l

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(2) Any person who contravenes the provisions of sub.section (l) ahall be punishable with fine which may extend to fifty rupees

68. Disturbances at election mttlings.-Any person who at a public muni~pa\ election meeting mvites others to act in a di)()rderb; manne1 for the purpo!>e of preventing the transaction of business for whteh the me,enng was called together, shall be punishable w1th nne which may extend to fifty rupees.

69. Penalty for dtsorderly co11duct tn or near /Jollmg statwnt.-(1) No person shall on the date or dates on w luch a poll1s taken at any polhng stallon-

(a) use or operate within 01 at the entrance of the polling statioXl or any public or private place in the neighbourhood the-reof, any apparatus for 2mphfying or reproducing the human .. oice, such as a megaphone or a loud speaker, or

(b) shout or otherwise act in a disorderly manner, within or at the entrance of the polling station or in an)' public or pnvate place in the ne1ghbourhood thereof, so as to cause any annoyance to any person vistting the polling ~tatJOn for the poll or -.o as to interfete w1th the work of the offiurs and other person~ on duty at the polling station.

(2) Any person who contravenes or wilfully aids or abets the COn· traventtOn of the provt::.Jons of ~ub·section ( 1) shall be punishable with fine not exceedmg fifty rupees.

(3) J f the prcstdiPg .officer of a pollmg stat1on has reason to believe that any person 1S cornmttting or ha:. committ~d an offence punishable under this ::.ecuon, he may dtrect any police office1 to arrest such person and thereupon the poltce officer shaU arrest him.

(4) Any police officer may take such steps, and use such fOrce cu may be reasonably nece.sary for preventing any contravention of the provisions of sub-section ( 1), and may seize any apparatus used for auch contravention.

70. Prohzb1tzon of canvassing in or 11ear polling statum.-(1) No person shall, on the date or dates on whtch a poll is taken at any polhng sta- hon, commit any of the followmg acts within the pollmg statton, or in any publac or pnvate pb.ce withm .. a distance of one hundred yards of ~the polling Slatton, namely :-

(a) canvassing for votes; or

(b) sol1citing the vote of anv elector i or

(c) persuading any elector not to vote for any particular candi- date; or

{d) persuad,ing any elector not to vote at t.~e election ; or

(e) exh1biting any notice c.r sign (othc:T than an official nottce) relatmg to the election.

(2) Any person whoconttavenesthe p1ovis.ionsof sub.-section{l) shall be pumshable with fine which may ext.end to fifty rupees.

71. Rerrwval of ballot papers from pollang statton to be an ofjence.-

(1) Any person who at any etect10n fraudulently takes o1 attempts to take a ballot paper out of a pollmg station or wilfully aids or abets the doing of any such act shall be pl.ln.ishable . Wtth fine not exceeding fifty rupees.

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Provided that when it is necessary to cause a woman to be searchm the search shall be made by another woman wtth strJCt regard to decency.

(3) Any ballot paper foond ''POD the person arrested on search shall be made over to a poLce officer for safe custody by the presid111g officer, or when the search 1S mado by a pohce officer, shall be kept by such officer m safe custody.

72. Other ofjenGes and penaltw tAerifor.-(1) A person shall be guilty of an electoral offence if at any election he-

(a) fraudultntly defaces, or fraudulently destroys any nomination paper ; or

(b) fraudulently defacn, destroys or removes any list, notice or other document affixed by or under the authonty of an election officer ; or

(c) fraudulently defaces or fraudulently

(d ) w&thout due authority supplies any ballot paper to any per- son; or

(e) fraudulently puts into any ballot box anything other than the ballot pape!" which he is authorised by law to put in ; or

(f) without due authonty drstroys, take-s, opens, or otht-rwise mterferC's wJth any ballot box or ballot papers then in use for the pur- poses of the election ; or

(g) fraudulently or without due authority, as the case may be, attempts to do any of the foregoing acts or wilfully aids or abets the doing of any such acts.

(2) Any person guilty of an electoral offence under this section shall,-

(a) if he i.~ a returning offictr 01 a presiding officer at a polling station or any oth~r officer or clerk cmplo\ cd on offic&al duty in connec- tion with the election, be punjshable Wtth fine which may extend to one hundrtd rupees ;

(b) if he is any other person, be punishable wtth fine which may extend to fifty rupee~.

(3) For the purposes of thts section, a person shall be deemed to be on official duty if his duty J S to take part in the conduct of an elec- tion or part of an electton includ ing the countmg of votes or to be res- pon;ible after an el,.ctJon for the used ballot papers and other docu- ments in connection With sucn elect1on. but the expresston "official duty " shall not mclude any duty impo~ed otherwise than by or under tbi.l Act

73. lnfrmgemerzt of secrtcy of tlechon.s.- Every presiding or pollmg officr1 or othi"T person in attendance a t th<- polling room, who, excf"}>t

for some purpo'«: authorised by law, communicate to any person any

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infoi"'Dation showing clire«ly or indirectly fo r which CRndidate an"/ voter has voted and every person who by any 1mp1 oper mea111 procures any such informattOR, shall be punished w1th fine wh1ch may extend to fifty rupees.

74. Officers, eCc.,al electrons n~ to act for Cntldrdnfes or lo m}Wencr ootmg.-(1) N() person wh() ts a returnmg offic~r, 01 an asststant re-- turning officer, or a prestding or polhng officer

(2) No such person as aforesaid, and no member of a police force, aball endeavour- .

(a) to persuade any person to give his vote at an elect1on, or

(b) to dissuade any ~n from ~iving hts vote a t an election; or

(c) to influence the voting of any peMn at an election in any manner.

{3) Any person woo contravenes the provJSions of sub-section ( 1) or sub-section (2) shall be punishable with fine which may cxtmd to fifty rupees.

75-. Pm.al!? for tlkgallnring or proamng nf couv~a.nces al elati.Qns.-If any person is guilty of any such corrupt practice as is spec1fied in clause

(5) of secoon 66 at 01 in connection with an election he shall be punishable with fine which may ~xtend to fifty rupees. Oat.h of 0 .ffice.

76. Oath of Ojji&e -(I) Every counc11lor shall, before taking his seat, make and subscribe befor~ the Collector ot· other officer authorhed by him an oath or affirmation • n the form set out in sub-sccuon (3). After the chamnan bas been elected, such oath or afficmation may be made and subscnbed by any councillors before the cha1nnan.

(2) The chairman and the vice chaarman shall abo before entering upon their offices make and subscribe an bath or affirmation in the form set out m sub-section (3). The chairman shall make and subscribe such oath or affinnation before the Collector or other ofi1eer authoriSed by him, and the vtce-chairman ~hall make and subscribe such oath or affirmation befose the chairman, after the chairman has been elected.

(3) The oath Gr affirmation under sub-section (1) ud subo$ectio11

(2) shall be in the following form =~

"f •. ........... .... . ..•. ..... . . . traving been elected C()uncillor/ chairman/vice-chairman .. .. . .... . .............• councal do ~wear tn the name of God/solemnly affirm cha· I will bear true faith and allegiance to the Cornutution of Ind ta as by law f"Stabli)hed an1 that I wtll duly and f.ith fullv and to the best of m y a'uhty, knowldge and judgment perform the duties of my office without fear or f.::our or affection or ill will."

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(4) No counc1llor who has not taken an oath or affirmation under sub-section {I ) shall vote or take part in the proceedings of any meet- ing, nor shall he be included as a meuaber of any committee consti- tuted by the council.

(5) The chaJrman, vice-chairman or member filling a casual vacancy shall also make and subscribe an oath or affirmat1on in tho form set out in ~ub-section (3) before entermg upon his office or taking his seat.

CHAPTER V-POWl.R OF MUNICIPAL AUTHORITIES lN RESPECT OP PROPl.R.TV, CONnACTS AND ESTABLISHMENT.

Proptrty.

77. Vestmg of puhlJC struJ.s and appurUnances w the murnczpal counciL-

(1) All public streets tn any mumcipality, wath the pavements, St·ones and other matenals thereof, and all works, mate• 1als and other dungs provided for such stre~ts, all sewers, drams, drainage works, tunnels and culverts, whether made at the cost of the muniC1pal fund or other- wise, in alongside or under, any stteet, whether public or private, and all works, materials and tlJJngs appo taimng thereto shall vest in the municipal council.

(2) The Government may by nottfication withdrclw any such street sewer, drain, drainage work, tunnel or culvert from the control of the COUnCil.

78. Duty cif munte_tpal couneil zn respect of public streets WJlhdrawn ftom rts controt.-Where any public street has been w1thdrawn lrom the control of a mumc1pal councal undr sub-sect1on {~) of sectton 77 and placed under the control of the Gove1nment or under the control ol any other authority by the Government, It shall be the duty of the municipal council to provide at the cost of the mun1c1pal fund, to such extent as the Government may by general or special order ducct,-

(a) for the lighting, watering, scavenging, and dramage of such srreet ;

{b) for the provisiOn, mamtenance and repa1r of tbe wato- supply mams, dr.ains and sew({':) in, alongside, or under, such street ;

(c) for the provmon, maintenance aod repair of footways attached to such street :

Provided that where in the diSCharge of such dutJes, it is necessary for the council lO open and break up the soil or pavement of any such sueet, the council shall obtajn the previotos consent of such officer as the Government may by general or sp~,Lal order specuy :

Provided further that in cases of emergency, the council may. without such consent, open and break up the soil or pavement of any such street, but shdU, as far as practicable, restore such soil or pavement to the conditiOn 10 which it was immediately before It was opened and ba ol:en up ; and a report of the action so taken and the reasons there· for shall be sent forthwith to the officer 5pecified under the foregoing proviso •

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79. Collecl.ed sewage, etc., to belong to muruttpal counctl.-Ail rubbish and filth and other matter collected by a munictpal councrl under this Act shall belong to the coWlcii.

80. Management of publu mslltutzon.-( l) The management, control and admmistration of every pubhc institution mamtamcd exclusively out of the municipal fund shall vest m the rnun1c1pal council.

(2) When any public institution has been placed under the directlon, management and control of the mumcipal council, all property. endowments and funds belonging·thereto shall be held by the council m trust for the purposes to which ~uch propetty, endowments and funds were lawfully apphcable at the tJme when the rnstitutaon was so placed:

Provided that the extent of the independent authonty of the council in respect of any such mstitu tion rna y, from t1me to time, be prescribed by the Government .

Provided also that nothing in dus secuon shall be held to prevent the vestmg of any trust property m the Treasurer of Chantable Endow~ ments under the law relatmg to charitable endowments for t.he time being m force.

8l. Inventory of munutpal property. -( 1) The comnuss10ner shall main- tain an inventory of all immovable property owned by the municipal council or to which the council has a revers10nary nght.

(2) A copy of the said mventory shall be deposited in the office of the Deputy Director, and all changes shall be forthw1th communicated to the sa1d officer.

82. L&mitaliou of power to accept property tn trust.-The counctl may accept trusts relatmg exclus1vely to the furtherance of any purpose to which the munictpal fund may be applied.

83. Objects n()t provided for by thzs Act.-The Government may, with the consent of a muntclpal counctl, tr,msfer to the council the manage- ment of any mstltuuon or the exccutton of any work not provtded for by this Ac

Provided that in every such case the funds re-.]Uired fo1· such manage- ment or execution shall be placed at the disposal of the council by the Go\etnment.

84. Procedure for aaquisztwn of zmmovahle property under the Land Acquzsition Act.-Any inunovable property wh1ch any mun1c1pal authonty is authorised by this Act to acquire may be acqUI.red under the provtsions of the Land AcqUJsit~on Act for the time bemg in force, and on payment of the compensation awarded under the said Act in respect of such pro~ perty and of any other charge~ incurred in acquiring it, the said property shall vest in the council.

Contracts

85. Power of counctl to determzne whether ZLorks shall he execut-ed by cotttract.-The council may determme either generally for any class oi cases or specta1ly for a11y p:trbcular case whether the commissioner shall execute the works by contract or otherwise.

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86. Pow~ of the several aat/wntzes to sanctiun estimates.-( l) The commi- ssioner may sanction any estimate the amount of which does not exceed two hundred and fifry rupees.

(2) When the amount of the estimate exceeds two hundted and fifty rupee., but doc; not exceed two thousand rupees, the sanct10n of the standmg commtttee shall be requtted.

(3) When the amount o f the ~timate exceeds two thousand rupees but does not exceed ten thousand rupees, the sanction of the council shall be required.

(4) Where the amount of the estimate exceeds ten thou~nd rupees, the sanction of the Government shall be requi.red. {5) powers vested in the muntcipal authorities to sanction esti· male~ under thiS sectJOrt shalt be :.ubject to such rules as may be made by the Government relattng to te,..hnJcal scrutiny and sanction of the estimates by competent techmcal officers.

87 Gen4ral proll£Slons rtgarding corrtr.Jcts.-( I) The council may enter into and pc:rfom all such contracts M it may constder necessary or expe· dient foe carrymg into effect the provistons of tru'i Act

(2) Wlth respect to the makUlg of contracts under 01 for any purpose of thts Act the followmg provisions shall have effect, namely:-

(a) every contract shall be made on behalf of Lhe council by the com.mi~s1oner,

(b) no contract for any purpose, which, tn accordance with any provisions of thiS Act, the COlllm.lSSLOner may not carry out w1thout the sanction of one of the other muntctpal authorities, !'hall be made by him unless such sanction has b('en obtamed;

(c) no contract shall be made by the commi.ssioner unless the tender therefor, in any such case where tender ts necessary, ha1 been accepted by .the competent authority;

(d) in the case of every contract for works, supplies or services made by the commisswner, the estimate for which he 1S competent to ~anction such contract !>hall b e: reported to the staJldmg comxwttce within fifteen day.. aftc!t 1t has been made.

(3) The prov1sion of !>ub-section (2) shall apply to any variatlon of a contract tnvolvmg an increa~ of mote than ten per centum of the expenditure mvolved in the origmal contract.

Explanalion.-The term ' tender' in clause (c) ofsub.section (2) shall include any bid in auction.

88. M.oda aj ma.bng ClJillroU.f.-(1) Every con.trac.t enteted intO by the comm.isstoner on behalf of the council shall be enteted. into in.._auch. manner and form as to bind him if tt were made 011 his own behalf, and may m ltke manner and form be vaned or dtscharged :

Provtded t bat-

( a) !he common seal of the council shall be affixed to every contract; and

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(b) in the case of contracts for the ~ccution of any work or the supply of any matenab or sel'Vlces of \\hich the cost exceeds three hundred rupees, and in the <:

(i) in the case of contracts for execut1on of works, supplies or ~rv1ces, the quanttty of the work or the matena6 or scrv1ces to be supphed, the cost to be pa1d for them and the time withm wh1ch the work, supply or scrv1ce :.hould be completed; and

(ii) in the case of all other contracts, the relevant particulars.

(2) The common seal of the council shall remam in the cuo;.tody of the commtsstoner and shall uot be affixed to any contract or other instrument except m hlS presence.

(3) No contract executed otherwise lhan as provided for in this section shall be bmd1ng on the munic1pal council.

89. Savmg of certain irregulantzu.-When work 1S given on contract at un&t Iates and th<" number of umts is not prec1~ely deterrnJnable, the contract shaH not be deemed to contravene t!le provi~ons of secllons 87 and 88 . merely by reason of the fact that the pecuotary bnuts therein laid down are eventually exceeded.

90, Stcunl.] f or performance of contracts. - The commissioner shall take sufficient secunty for the due performance of every contract into which he enters after a tender has bt en accepted, a nd may take security for the due ~rformance of any other contract into wh1ch he enters under this Act. ,

Establuhment.

91. Con:stitutton of a common mumctpal servu:e.-(1) The Government may constitute the employees under the munic1pal counctls m the State into a common municipal serv1ce for the State, !>ubject to .such rules as may be pre~cribcd by the Government in this behalf.

(2) The Government may in consuhation with the counc•l fix or alter the number and designation of the officers and servants of a municipahty.

(g) The Government may Jlldke rules to regulate recruitment and condJ.tions of service of officers and l.ervants or municipal councus.

92. Tht health offiur, the enginur and the electrica: mgitt~tr.-(1) The Governme nt may, after cc n!>uhing a municipal council, ~nction a post of health officer and a post of municipal engineer for that munici paltty.

{2) The Government may, after consulting a rnun icipa I council which has under taken the generation, tra~mission or supply of electrical enerzy, sanclJO'l a p

{3) On 1he occuc renee of a vacancy in or aftrr the creation o( a post oft he health offket the engine~r or the elecrncal en~ineer, the Government may appomt a person to that office m co 1sulrat10n w1tb the council.

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(4) Th(' health officer, the engineer and the elettrical engineer appointed after the commencement of thii Act stlail be Government servants.

(5) The pay and allowances of the bedlth officer, the engineer and the ele: rncal engineer appomted under sub.section (3), as fixed by the Govenment from t ime to tune, shall be paid m the fi~t instance from the SLate funds. The whole of the pa.y and allowances paid to tht.le officers and the contnuuuon'\ towarcb their leave salary and pension to the extent required shall be credited monthly to the State funds by the municipal counciL

(6) The Government may transfer the health officer, the engineer or the electrical engmeer from a municipaltty and shall do so If such transfer is recomn1endend by a resolution of the council passed at a special meeting callt'd lor the purpose ar.d supported by the votes of the majonty of the sanctioned strength of the cou neil.

93. Conbol of commr.sszo11tr over health o.ffictr.-(1) Notwithstanding anything contamed m the Travancore-Corhtn Public Health Act, 1955 or the Madras Pubhc Heald1 Act, 1939, the function:, of the commis- :.ioner under this Act relating to pubhc heal•h matters which are con- ferred upon the health officer by section 14 of the Travancore-Cochin Public Health Act. 1955 or section 16 of the Madras Public Health Act, 1939, shall be exerc~d by the health officer only with the prior sanction of the commi-.sioner and the functions of the health officer under the said Public Health Acts so far as those functions involve expenditure from the munictpal fund or admintstrative or dtsciplinary control over members of the municipal staff shall be exercised by the health officer subject to the control and supervision of the commis- sioner under this Act.

(2} Clause (b) of sub. section (2) of section 12 of the Travancore- Cochm Public Hetllth Act. 1955 and clause (b) of sub-section (2) of section 14 ofthe Madras Publtc Health Act, 1939, are hereby repealed.

94. Appointment of specw.l officer·-If ir the opin,ion of the Government there is mismanagement of the alfa1rs of the muntc1pal1ty in general or in r<'spect of any se1 ies of matteT' and that t'1e 'esponsibility therefor cannot be placed so ley on any one or more of the: authorities under th1s Act, but is traceable to defect in organisation of the admintstration, the Government may, by r.ottfication in the Gazette, appoint for a spectfied penod not exeedmg one year, a special officer to exerc•se such of the functions under th1s Act as may be specified in the notification for the purpose of reon;cuusatton of the admmistr.1tion, and thereupon no authonty under thrs Act shall exerciSe any of the functions so spectfied:

Provided that before appointing a special officer under this section, the Government shall give the counetl an opportunity to show cause agai nst the proposal.

95. SptcUJl prouiswns rtgardtng Gootmm.tnt .ttrvants ltnt to councJ.-

(1) The Government may, on the :lppl•<'atlon of .tny municipal council, place the serv1ces of any Government servant at the dtsp,.,~at vf the council to be employed by it for the purposes of this Act. The counctl shall pay any Government servant so employed the salary he may be ent1tled to receive under the rules of the branch of Government service

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to which he belongs, and shall also pay the Government such contribution towards the pension, gratuity and leave allowances of such servants as may be payable under the regulations in that behalf in force for the time being.

(2) If such servant, while employed by the municipal council or if any other servant of the council does any work for the Government the Government shall contribute t., the municjpal fund so much of the salary of such servant as the Government may consider to be an equivalent for such work.

(3) No Government employed by a municipal council sbaU, except in cases of emergency, be withdrawn from the service of the council, without the consent of the municipal council, unless and until the Government shaH have g1ven thtee months' notice in wtitjng to that effect to the municipal council or unless some other Government servant has been deputed to replace the one withdrawn.

(4) Goverruner.t servants employed by municipal councils shall be enti tied to leave and other prtvtleges •n accordance whh the regulations applicable to the department of the general administration to wruch they belnng.

PART III

CHAPTER VI- TAXATION AND FINANCE 96~ Enumeration of taxt:.S allll dulits.-(1) Every municipal council maylevy-

(a) a property tax;

(b) a profession tax;

(c) a tax on animal~, ves5els and vehicles; td) a show tax;

(e) a tax on advertisements; and may with the sanction of and subject to such rules as may be framed by the Government levy-

(f) a duty on certain transfers of immovable property in the shape of an additional stamp duty.

(2) T he council may with the sanction of the Government. levy a surcharge on any tax other ·than p1 ofession tax levied by the council for the purpose of providing any spec16c dv1c service or amenity:

Provided that no surcharge shall be levied if a tax or cess ia already being levied for the same purpose:

Provided further that such surcharges shall in no case exceed ten per cent of the amount of the tax.

'# 97 Resolut1on of council deltrmimng lo Lmy tax.-Any resolution of a municipal counctl determining to levy a tax shall ~ectf~ the rate at wluch any such tax shall be levied and the date from whle 1t shill bC levu:d: - S4/4C95

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Provided further that any resolution abolishing an existing tax or reducing the rate at which a tax is levied shall be immediately reported 1 to the Government, and in municipalities which have an outstanding \ loan either from the Government or from the public or any other local body such abolition or reduction shall not be carried into effect w1thout the sanction of the Government;

Provided also that, where any resolution under this section has taken effect for a particular year, no proposals to alter the rates or date fixed in such resolution so far as that year is concerned shall be taken into consideration by the council.

98. Notification of new taxes.-When a municipal council shall have determined subject to the provisions of section 97 to levy any tax for the first time or at a new rate., the commissioner shall forthwith publish a notification in the Gazette and by beat of drum specifying the rate at which, the date from which and the period oflevy, uany, for which such tax shall be levied.

Tk Property Tax

99. Descriptum and classes of property tax.-(1) If' the council by a resolution determines that a property tax shall be levied, sucli tax shall be levied on all buildings and' lands within the municipal 'limits save those exempted by or under this Act or any other law.. The property tax may comprise-

(a) a tax for general purposes; and

(b) a service tux. The service tax may comprise- (i} a water and drainage tax to provide for expenses connected with the construction, maintenance, repair, extension or improvement of water or drainage work heretofore provided or hereafter to be provided;

(ii) a lighting tax to provide for expenses connected with the lighting of the municipality by·gas or electricity; (ii1) a sanitary tax to provide for expenses connected with the general sanitation of the mumc1pality and the remov

(2) Save as otherwise provided in this Act, these taxes shall be levied at such percentages of the annual value of lands or buildings or both as may be fixed by the municipal council :

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(ii) Lighting tax

(iii) Sanitary tax Mininiwn rale 5%

20/

. /0 3%

Provided further that where the water and drainage taxes is levied the municipal council shall declare what proportion of tax is leyied in respect of water works and the remainder shall be deemed to be lev.ied in respect of drainage works and the proportiqn so declared shall also be specified in the notification under section 98. •

(3) The municipal council may, in the case of lands which are not used exclusively for agricultural purposes and are not occupied by, or adjacent and appurtenant to, buildjngs levy these taxes at such per- centages of the capital value of such lands, or at auch rates with reference to the extent of such~ands, as it, may fix:

Provided that such percentages or rates· shall not exceed the maximum, ifany, fix:ed by the Government and that the capital value, of such lands shall be: determined.in such manner as may be ,prescribed.

100. . Method of. as~ess"!ent of. profJer~.~l) Every b~ilding s~ll be assessed together wtth Its Site and other adJacent prenuses occup1ed as an appurtenance :thereto unless the owner of the building is a different person from the owner of such site or premises.

{2) The annual value of lands and buildings shall be deemed to be .the gross annual rent at which they may reasonably be expected to let from month to month or from year to year less a deduction in the case of buildings of ten per cent of that portion of such annual rent which is attributable to the buildings alone apart from their sites and the adjacent lands occupied as an appurtenance thereto:

Provided that-

(a) in the case of-

(i) any Government building, or

(ii) any building of a class nor ordinarily let, the gross annua rent ofwhich ca!lllot, in the opinion of the commissioner, .be esti- mated,

the annual value of the premises shall be deemed to be six per cent of the total of the estimated value oft&1e land a.nd the estimated present cost of erecting the building after deduc. ting for depreciation a reasona- ble amount which shall in no case be less than ten per cent of such eost; and

(b) machinery and furniture shall be excluded from valuationa under· this section:

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• aoo Provided further that, where the annual value of any land or build- ing is attributable partly to the use of such land or buildmg or any portion thereof for the dtsplay of any advertisement, or advertisements, the value of such land or burlcling for the purpose of ass~sing the pro- perty tax thereon shall be ascertained as if such .land, buildmg or portion is not used for the diSplay of such advertisement or advertise• men~s.

(3) The Government shall have power to make rules regarding the manner, in which the person or persons by whom and the inter- vals at which the value of the land, the present cost of erectmg the bui1dmg and the amount to be deducted for depr~ctation shall be esti- mated or revtsed many case or class of cases to which clause (a) of the proviso to sub-sectlon (2) applies, and they may by such rules restr1ct or aoduy the application of the provisions contained in Schedule 11 to such case or class of cases.

101. Exemption.-(1) The following buildings and lands shall be exempt from the property tax;-

(a) places set .apart for public worship and either actually so used or used for no other purpose;

(b) buildings which are attached to places of public worship other than those used for residen6al purposes;

(c) choultriesfor the occupation ofwhrch no rent is charged and choultries the rent charged for the occupation of whicn is used ex- clusively for c~ntable purposes;

(d) lands and buildings or portions of lands and bwldings ex· elusively occupied and used for public worslup or by a society or body for a charitable purpose:

Provided that such society or body is supported wholly or in part by voluntary contributions and apphes its profits, if any, or other in- come in promoting its objects and does not pay any dividend or bonus to its members.

Explanatio:n.-"Charitable purpose" includes relief of the poor, education and medJcal relief but does not include a purpose wluch relates exclusiVely to religious teaching;

(e) such ancient monuments protected under the Ancient Monu- ments Preservation Act for the time being in force, or parts thereof, • as are not used as residential quarters, or as public offices;

(f) burial and burning grounds included in the book kept at the municipal office under section 323;

(g) buildings or lands belonging to the municipal council;

(h) such property of Government, not being buildings, as may from time to tune be notified by the Government. Explanation.- The exemption granted under this section shall not exu:nd to rcsidenttal quarters attaclled to schools and colleges, or to residential quarters attached to hosp1tals, dispensaries and libraries •

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(2) The water and drainage tax shall not be levied on any land used exclusively for agricultural purposes and not deriving any benefit from water or drainage works on account of which the tax is imposed.

(3) The municipal counctl may, with tne prevxous sanction of the Government, exempt any particular part of a municipa1ity from the payment of the whole or a portion of the water and dramage tax or of the lighting tax on the ground that such area is not deriving full benefit from the water-supply and drainage or from the lighting system. ( 4) The mumcipal council may exempt any building or land from the whole or any portion of the sanita.ry tax 1f it is sat1sfied that the owner or occupier has made efficient and satisfactory arrangements for the daily removal therefrom of rubbish, filth and carcasses of animals.

(5) The municipal councB may by a general resolution exempt any building or land from the property tax-

(i) .if the annual value ,of the same does not exceed a sum speci• fied the said resolution, such swn not being greater than sixty rupees, and

(ii) the proprietor does not own any other building or land assessed to the property tax and is not hable to profession or incometax, agricultural or non-agricultural.

(6) Notwithstanding anything contained in thxs Act or any other law, in the case of properties exempted from property tax under sub-sections (l) and (5), the municipal counc1l shall be entitled to claim cost of servlces generally covered by the service taxes:

Provided that the munic1pal council may by resolution waive the claim for c~t of services in respect of institutions run for charitable purposes.

102. Taxation to be unifonn.-(1) The rate of any class of property tax on lands when lev1ed on their annual value may be lower than the rate of the same class of property tax on buildmgs, but eitner rate shall be uniform throughout the municipal area on all buildings, or on lands liable to be taxed on their .annual value, as the case may be.

(2) The rate of any class of property tax shall be uniform through· out the municipal area on all lands hable to be taxed on their ·capital value.

l 03. Property tax, a first charge on property.- The property tax on buildings and lands shall, subject to the prior payment of land revenue, if any, due to the Government thereon, be a first charge upon the said buildings or lands and upon the movable property, if any, found with .. in or upon the same and belonging to the person liable to such tax.

104. Revision .and tirru of payment of property tax.-Save as otherwise provtded for in Schedule II, the property tax shall be assessed and the half-year:ly tax determined once m every five years and the half-yearly tax shall be payable by the owner of the assessed property within thirty days of the commencement of each half-year.

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105. .VtUaiiCJ rmussion.- (1) When any building whether ·ordinarily let or occupied by the owner himself has been vacant and unlet for thirty or more consecutive days in any half-year, the commissioner shaU remit so much not exceeding one-half of such portion of the tax as relates to the building only, as is proportionate to the number of days during which the building was vacant and unlet in the half-year.

(2) Every demand for remission under sub-section (I) shall be made during the half-year in respect of which the remission is sought or in the following half-year and not afterwards.

(3) (a) No demand for such remission shall be entertained unless the owner of the building or his agent has previously thereto delivered notice to the commissloner-

(i) that the building is vacant and unlet, or

(ii) that the butlding will be vacant and unlet from a specified date either in the half-year m which notice is delivered or in the succeeding half-yeax.

(b) The period in respect of which the remissjon is made shall be calculated-

(i) if remission is sought in respect of the half-year in which notice is delivered, from the date of delivery of the notice or from the date on which the building became vacant and unlet, whichever is later, and

(ii) if remission is sought m respect ofthe half-year succeeding that in which the notice is delivered, from the commencement of the half-year in re~pect ofwhich remission is sought or, from the date on which the building became vacant and, unlet, wh1chever iS later.

. (c) Every notice under clause (a) shall expire with the half-year succeeding that during which it is so delivered and shall have no effect thereafter.

106. Obltgation of transferor and transferee lo give notue of transfer.-

(1) ,whenever the title of any person primarily liable to the payment of property tax on any premises to or over such premtses is transferred, the person whose title is transferred and the person to whom the same shall be transferred shall within three months after the execut.ion of the instrument of transfer or after 1ts registration if it be registered or after the transfer is effected, if no instrument be executed, give notice of such transfer to the commissioner.

(2) In the event of the death of any person primarily liable as aforesaid, the person to whom the title of the deceased shall be tn\Dsferred, as heir or otheN:ise, shall give written not~ of such transfer 'o the commissioner within one year from the death of the deceased.

(3) The notice to be given under this section shall be in such form as the commissioner may direct, and the transferee or the person to whom the title passes, as the case may be, shall, ifso required, be bound to produce before the commissioner any documents evidCilcing

dae transfer or succession.

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( a) the liability of the transferee for the paym~nt of the said tax, or

(b) the! prior claim of the municipal council under section 103.

107. Ow~r' s obligation to give notice of construction, reconstruction or demolition Q/ ~buzldmg.-(1) (a) If any building in a municipality is constructed or reconstructed , the owner shall g1ve notice thereof to the commissioner W!thm fifteen days from the date of completion or occupa~ tion of the building, whichever is earher.

(b) If such date falls within the last two months of a half-year, the owner shall, subject to notice being given under clause (a), be entitled to a remission of the whole of the tax or enhanced tax, as the case may be, payable in respect of the building only, for that half~year. {c) If such date falls within the first four months of a half~year the owner shall, subject to nottce being given under clause (a), ~ entitled to a remission of so much not exceeding a half of the tax or enhanced tax, as the case may be payable in respect ()[the bai1ding only for that half.year, as is proport ionate to the number of days in that half~year preceding such date.

(2) (a) If any building in a municipality is demolished or destroyed , the owner shall, until notice thereof is given to the commis. sioner, be liable for the payment of the property tax which would have been leviable had the building not been demolished or destroyed.

(b) If such\notice is given within the first two months of a half- year, the owner shall be entitled to a remission of the whole ofthe tax payable in respect of the building only, for that half·year.

(c) If such notice is given within the last four .months of a half- year, the owner shall be entitled to a remission of so much not exceed- mg a half of the tax payable in respect of the buildmg only for that half-year, as tS proportionate to the numbe1· of days in that half~year succeeding the demolition or destruction, as the case may be. ·

108. Remusum qf tJu in areas includ1d or excluded in the midt//e qf 4 httlf-.year.-(1) If any area is included Wtthin a municipality, the owner ~ of every building or land in such area shall,-

(a) i.f the date of such mclusi.on falls within the last two months

• of a half-year, nt>t be liable to pay any property tax in·respect there of for that half-year; and • .

(b) if such -date falls within the first four month$ of a. half-year be entitled to a remi~1on of so much. not exceeding a half of tl~ property tax payable m respect thereof. for that half~ year, as is proportionate to the number of days in that half~year preceding. sucla date.

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(2) If any area is excluded from a municipality, the owner of every building or land in such area sbal\ be entitled,-

(a) if the date of such exclusion falls w1thin the first two month! of a half-year, ro a remission of the whole of the property tax payable in respect thereof for that half year; and

(b) If such date falls within the last four months of a half year, to a remission of so much not ex~ding a half of the property tax payable in respect thereof for that half-year, as is proportionate to the number of days in that half-year succeeding such date.

(3) No remission shall be granted under sub-section (2) in respect of any building or land unl~ an application in writmg for such remis- sion is made to the commissioner withm three months from the date of the exclusiOn of the area in which the bu1lding or land is situated.

109. Commrsstone:r's power to call for informatzon and to enltr upon premues.-( 1} For the purpose of assessing the property tax, the commis- sioner may, by notice, caU on the owner or occupier of any land or building to furnish him, within thtrty days after the servtce of the notice where the notice is served upon the Government or a company and within fourteen days after such service in other cases, with returns of the rent payable for the )and or buildmg, the cost of erecting the building and the measurements of the land and with such other information as the commissioner may require, and every owner and occupier on whom ruch notice is served shall be bound to comply with it and to make a true return to the best of his knowledge or belief. {2) For the purpose aforesaid the commissioner may enter, inspect, survey and measure such buildmg or land after giving twenty-four hours' notice to the owner or oa:upier.

Profession tax

110. Profession tax.-(l) If the council by a resolution determines that a profession tax shall be levied-

every company which aft~r the date specified in the notification published under section 98, transacts business tn the municipality for not less than sixty days in the aggregate in any half-year and every person, who, after the said date, in any half-year- - (a) exercises a profession, art or calling or transacts business or holds any appointmen~ public or private-

(i) within the municipality for not less than sixty days in the aggrepte, or

(ii) without the municipality, but who resides in the munici- pality for not less than silty days in the aggregate, or

(b) resides in the nrumcipality for not less than sixty days in the aggregate and is in receipt of any pension or income from mvestments shall pay a half-yearly tax assessed in accordance w1th the rules in Schedule II:

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(2) A person shall he chargeable under the class appropriate to his aggre~a.te inc;ome from all the sources specified in sub-section ( 1) as oe!ng lia6te io tfie tax.

(3) If a company or prrson proves that 1t or he has paid the sum due on account of the professton tax levied under this or any other Act for the same half-year to any local authonty in the State, such company or person shall not be liable, by reason merely of change of place of busmess, exercil>e of profession, art or calling, appointment or residence, to pay to any other local authority, more than the difference between such sum and the amount to which it or he is otherwise Jiable for the profession tax for the half-year under this or such other Act.

(4) Nothmg contained in this section shall be deemed to render a person who resides withtn the local limits of one local authority and exercises in profession, art or calling, or transact<; bm:iness or holds any appointment within the limits of any other local authority or autho- rities liable to profes:.ion tax for more than the higher of the amount of the tax levlable by any of the local authoribes. In such cases, the Gov- ernment shall apportiOn the tax between the local au.thonties in such manner as they may deem fit and the decision of the Government shall be final.

Explanation.-For the purposes of this section "aggregate incom~·~ ' shall not include dearness or local allowance or altowances for house rent, carriage hire or travelling expenses.

III. Liabrhty of members qfftrms, associatiotl:.rttc., to prnftssion tax.-The profession tax lev1able from a firm, association, joint Hindu family or marumakkathayam tarward or Alivasanthana family may be lev1ed from the a~ent of the firm of associatiOn or the manager of the famtly or tarward, as the case may be.

112. Liability of servants or attnfs to profession tax.-lf a company or person employs a servant or agent to represent it or him for the purpose of transacting business in a mumcipality, such company or person shall be deemed to transact business in the murucipality and such servant or ag<"nt sha.U he liable for the pro~'ession tax in respect of the business of ·such company or per:>on, whether or not '>uch servant or agent has power to ma~e binding contracts on behalf of such company or person.

(2) Where one company or person is the agent of another company or person, the former company or person shall not be hable separately to the profession tax, on the same income as that of the principal.

113. Statementf, returPs, etc, lobe conj1dential.-All statements made, returns fui nished or account:. or documents produc~d, in connection wtth the a:>sessment of profession ta'< by any company or person shall be treated as confidential and copJes thereof shall not be granted to the public.

114. Service of nott.te on fnilure of payment of 14x.-lf the profession tax due from any .company or person is not paid, the commissioner shall cause a notice to be served on such company or person to pay it withjn fifteen days of the date of such service.

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115. Ref]tluition on ow11er or occup1u to furmsh list tf persons li4ble ID lax.-The commissioner rna~ by notice lequire the ow.ner or occupier of any building or land a nd every secret.ary or manager of a hotel, boat ding and lodgmg house, club 01 restdential chambers to furnish within a specified t1me a list in writing containing the names of all pe.n.ons occupying such bu1lding, land, hotel, boarding or lodging house., club or residential chambers and specifying the profession 1 a rt, or appomtrnent of every such person and the rent, if any, paid by him and the period of such occupation.

J 16. Reguisttion on employers or thm reJmsent4ttrlts to fornish list -The commissioner n-ay by notice requtre .any employer or the head or secretary or manager of any pubhc or private office, hotel, boarding house or dub or of.a firm or company- -

(a) to furn ish, wtth in a specified timt, a list in writing ofthe names of all persons employed by such employer or by such oftke, hotel, boardtng house, club; firm 01 company as officen, servants, dubashes, agents, suppliers, or contractors, with a statement of the salary or income of such emP.loyed persons, and

(b) to fu 1 n1sh pa1 ticulars jn rega rd to any company of which such employer, or head, secretary or manager, as the case may be, is the agent.

117. lnter;retalJon.- ( I) The expr~sion " t ransacts business., ,jn ~ec· tion 1 I 0 shall be deemtd to include the doing of acts or business of whatever nature whether isolated or not such as soliciting, obtaining or transmitting orders Qr buying, makmg, manufacturmg, exporting, importi ng, receiving 1 tr.ansm ttting or otherwi'ie dt-.aling w ith goods .•

(2) Where for the purpose of transacting business within the muni- cipality, a company or ptrson has an office or an agent or firtn to represent it or him the company or person shall be deemed to transact business within the mun icipalit y whethe1· or not such office a Pent or fit1n has power to make bind in ~ contracts on behalf of the company or person ; and the person in charge ofsuch office or the agent or firm, as the case may be, shall be lia ble for the tA" payable hy the company or person.

(3) A company or person otherwise hable to profession tax under sectjon lJ 0 shaD not cease to be liable to such tax by reason only of its or his head office or the place from which its or his business is controJled being situated outside the municipality or by reason only of the fact that its or bis transactions are closed outside the municipality. Tax 011 Animals, Vfssels and Veiritle.r-

118. Genual provrszons regardzng tax on ammals vessels and vehil:lts.- ( 1) If the council by a resolution de,tennines that a tax on animals, vessels and vehicles shall be levied , the commi•sioner ~hall levy the said tax half-yearly on animals, ves:.els and vehicles kept or u!led within the municipa lity which are of the kinds specified in Schedule JI,

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307

(2) The rates of the tax shall be determined by the council, pro- vided always that they shall not exceed the maXUllum laid down in Schedule II.

119. Liability to tax a&CIJfduzg tD period for which tiLe wzi11Ull or vessel or vehicle Jw been kepl.-( I) Every perSon having possession1 custody or control of any taxable animal, vessel or vehicle o,hall be liable for the full half-yearly tax 1f the animal, vessel or vehicle ha~ been kept or used within the municipahty for an aggregate period of not 'less than sixty days m the half-year.

(2) If such aggregate period exceeds fifteen days, but is less than sixty days, a moiety only of the half-yearly tax shall be levJable.

(3) If such aggregate period does not exceed fifteen days, no tax shall be leviable for the half-year.

( 4) Every person having possess1on, custody or conttol of any tax· able an1mal, ve:,sel or veh1cle within the mumcipality shall, until the contrary is shown, be presumed to have kept the same within the municipauty for s1xty days in the half-year. .

{5) Notwithstanding anything contained in sub.;sections (1) and (2), no person shall be liable-

(a) to pay tax to the munic1pality dw. ing any half-year on account of any animal, vessel or velude m respect of which the full tax for the same half-year has already been paid to the municipality by some other person, or

(b) to pay to the municipahty on account or any animal, vessel or vehicle m respect of whtch tax has already been paid to any other local authority whether under this Act, the Tnvandrum CHy Municipal Act (IV of 11 16), the Madras Village Panchayats Act, 1950 or the Travancore-Cochin Panchayats Act, 1950, more than the excess, if any, of the tax payable in the mumcipahty in re~pect of such anLmal, ve11sel or vehicle over the tax already pald to the othe1 local authority.

120. Exemptions.-The tax shall not be lev1ed on-

(a) animals, vessels and vehicles belongmg to the Government;

(b) animals, vessels and veh1cles kept solely for sale by dealers; {c) animals, vessels and vehtclo belongmg to the council;

(d) animals which dunng the whole of the half-year have been kept in any institution for the recepllon of infirm or disabled animals or which are certified by a vetennary surgeon to have been unfit for use during the whole of the half-year;

(e) vessels .or vehicles which during the wnole of the half-year have been kept in any place for repairs;

(f) children's perambulators and tricycles.

121. Composition -With the sanction of the council o~ in accordance with the regulations framed by that body, the comffiiSSloner may com• pound, for any petiod not exceedmg one year, with any livery stable- keeper or other person keeping animals, vessels and vehicles f~r sale or hire. for a certain sum to be paid in lieu of the tax on such anunals, veuels and vehicles.

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308

122. Forms to be sent to and returned by tax-payers.-(1) The commis- sionel shall send to eve1y person supposed to have become liable to the payment of the tax on ammals, vessels and veh.1cles a pnnted table to be filled up with such mformation respectmg the antmals, vessels and veh1cles kept or used by hWl as the commtSSloner considers nocessary lor the assessment of the tax.

(2) Such table shall be filled up w1th such information in waiting, and stgned and dated, and returned withm une week of its recetpt to the mumctpal office by the person to whom 1t has been sent~

(3) On 'the exp1ry of the period of one week reJerred tom sub- sectiOn (2), the commissioner shall cause a no tree to he served on such person requinng lum to pay within fifteen days of the date of :such 1>Ct vice the sum for whtch, tn the opimon of the commtssioner, such 'P~rson 1S liable on account of the tax on ammals, vessels and vehicles. 1 ?3. Grant of l~cence on paymnl of tax~-When any person pays the in respect of any animal, ve&sel or veh1cle,, the com- mJ~toner shall grant rum a hcence to keep or to use such animal, vessel or veh1cle for the period to which the payment relates.

124. Show tax.-( I) If the cound, by resolution, detennmes that a show tax shall be levied, such tax shall be levted, subJect to such rules as may be presctibed on all shows w1thin the municLpahty, calculated at the following rates:-

l. Cmematograph exhibitions

2. Other shows Rate of tax per show ,two rupees.

five rupees.

Explanatum.--The term "show" shall mclude any ente1 tamment, exh1b1tl0n, performance, amusement, game. spost or race to wh1ch persons are adrrutted for payment.

(2) The tax leviable Wlder sub-sectton (1) shall be payable by and recoverable from the owner of the prem1ses where the show IS con duc.ted, Jf he receives rent for the show or. tf no rent 1s pa1d, the propnelor of the show including any petson respons1ble for the management thereof.

(3) No tax shall be levtable m respect of any show for which no entertamment tax is leviable under the law relatmg to the levy of tax on ente.t ta.toment.~ and for wluch no rent is patd to the owner of the prem1ses for the show.

Du!J on transfers of property.

I

12 5. Metlwd of assessment qf duty ort transfers of property.-:-( 1) The duty on transfers of property shall be Jevied-

(a) in the form of a surcharge on the duty imposed by the Ket ala Stamp Act, 1959, on every instrument of the descr1ption speci· fied m claw~ (b) which relates to immovable property Sltuated within the limits of a municipality; and

(b) at such rate as may be fixed by the Government, not ex<..eeding four per cent, on the amount specified below against such mstrume.n t :-

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(i) Sale of immovable property

(ii) Exchange of unmovable property

(ii1) Gift of unmovable property

(iv) Mortgage with possession ofinunovable property

(v) Lease m perpetuity of unmovable property

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Amount on which du!)l should be /euud. The amount of value of the consi- deration for the sale, as^set forth m the mstrument. The value of the property of the greater value, as set forth in the mstrument.

The value of the property, as set forth m the mstrwnent.

The amount secured by the mort- gage, as set forth .in the instru- ment.

An amount equal to one·sixth of the whole amount or value of the rents twhich would be paid or dehvered 10 respect of the fust fifty ytars of the lease, as set forth in the instrument.

(2) On the introductJon of the transfer duty -

(a) Section 28 of the Kerala Stamp Act, 1959, shall be read as if it specaficaUy r~uired the pal ticulars to be se1 forth separately in respect of property Situated within and without the municipality;

(b) Section 62 ofthe ~id Act shall be read as if .it referred to the municipaUty concerned as wdl as the Government. {3) The Govewment may make rules not anconsistent w1th this Act for regulating the collection of the duty, th~payment thereof to the municipahties concerned and the deduction of any expense.) sncurred by the Government in the collecnon thereof.

Tax on adverllsements

126. Tax on advertisements -Every person who erects, exhibits, fixes or retams upon or over any land, building: wall, hoarding or structure any advertisement or who displays any advertisement to public view in any manner whatsoever in any place, whether pubhc or private, shall pay on eve. y advertJsement whtch 1S so erected, edubited, fixed, retained or displayed to public view a tax calculated at such rates and in such manner and subject to such exempttons as the co • .mcil may, with the approval of the Government, by resolution determine :

Provided always that the tates shall be subject to the maxima and minima laid down by the Government in this behalf:

Provided further that no tax shall be levied under this section on any adverbsement or a nottce-

{a) of a public meeting, or

(b) of an election to any ltgislative body or the murucipal council, or

(c) of a candidature in 1-espect of such an election :

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Provided also that no such tax shall be lev1ed on any adverttsement wh1ch is not a sky oSign and which-

( a) t~ exhibited wtthin the window of any buildmg which js not a pubhc place ; or

(b) relates to the trade or business carried on within the land or butldmg upon or over which such advertisement JS exhibited, or to any sale or lettmg of such land or bujJding or any effects therein or to any sale, ente1 tamment or meetmg to be held upon or 10 the same j o1·

(c) relates to the name of the land or butlding upon or ovet whtch the advertisement is exhtbtted, or to the name of the owner or occupier of such land or buildmg ; or

(d) relates the busines~ 'of any railway admmistrat10n ; or

(e) 1$ exhib1ted within any railway station or upon any wall or other property of a tailway admmistration except any portton of the surface of such wall or propetty frontmg any street. ExplatuJlton 1.-The word 'structure' in th1s sect ton shallmclude any movable board on wheels used as an advertisement or an adver- tisement medtum.

Explanatton 2.-The express1on 'sky sign' shall, m thts section, mean any advertisement suppoi ted on or attached to any post, pole, standard, frame-work or other support wholly or m part upon or over any land, butldmg, wall or :>tructure wh1ch, or any pat t of whtch, sky-sign shall be visible against the sky from some point in any public place and mcludes all and every part of any such post, pole, standard , ftame work or other support. The exp1 ession 'sky-stgn' shall also include any balloon, parachute or other similar device employed wholly or in part for the purp~es of any advertisement upon or over any land, building or structure or upon <11" over any public place, but sha ll not tndude-

(a) any flagstaff, pole, vane, ot whether-cock, unless adapted or used wholly or in part f01 the purpose of any adven1sement or

(b) any sign, or any board, frame or other contrivance securely fixed to or on the top of the wal1 or parapet of any building, or on the cor.uce or blocking coune of any wall, or to the udge of a roof:

Provided that such board, frame or othe1 contnvance be of one contmuous face and not open work, and do not extend 1n het~ht more than three feet above any part of the wall , or parapet or rtdge to against or on wruch it is fixed 01 supported ; or

(c) any ad vet tisemer.t relattng to the name of the land or butlding, upon or over which the advertisement is exhibited, or to the name of the owner or occup1er of such land 01 buildmg ; or

(d) any adveniseJBent relating exclustvely to the business ora r

(e) any notice of land or buildings to be sold or let, placed upon such land or buildings .

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127. ProhzbJtum of advtrltsement without written permimon of the Commrmoner.-( I) No advertisement shall, after the levy of the tax under section 126 hac; been d<'termined upon by the counctl , be erected, exhibited, fixed or retamcd upon or over any land, buildmg, wall, hoarding or structure wtthm the municipalaty or shall ue displayed in any manner whatsoever in any place wtthout the written permisston of the CommissiOner

(2) The Commissioner shall not grant such permission if.-

(i) the advertisement contravenes any bye-Jaw made by the council under clause (31) of sectton 34 7 ; or ( ii) the tax, 1f any, due m 1 espect of the advertisement has not been paid.

(3) Subject to the provisions of sub-sect1on (2), in the case·of an advert&sement liable to the advertisement tax, the commissioner shall grant pemussion for the period to which the payment of the tax relates and no fee sha 11 be charged m respect of such permission :

Providt"d that the prov1sions of this section ~>hall not apply to any advertisement erected, exhibtted, fixed or retained or. the premises of a railway admimstration relatmg to the business of a ra1lway admims- tration.

128. Permtsnon of the commtsstoner to become vord in certain cases. The permission granted under section 127 shall become void in the followmg cases namely :·-

(a) if the advet tisement contravenes any bye·law made by th("

council under clause ( 31) of section 34 7 ~

(b) if any addiuon to the advertisement be made except for the purpose of making 1t secure under the direct10n of the mumcipal engineer;

(c) uany material change be made in the advertisement or any part thereof; .

(d) 1f the advertisement or any part thereof falls otherwise than through acc1dent,

(e) 1f any addition or altcratton be made to Ol' 111 the building~ wall or structwe upon or over which the adve1 tlsmentu erected, exhibited fix~d or retained, tf such addttion or alteration mvolves the disturbance of the advertisement or any part thereof, and

(f) 1f the buildmg, wall or stru('ture upon or over which the advertisement 1s erected, exJubited. fixed or retamed be demolished or de-;troyed.

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129. Owner or person in occupatwn to he deemed ruponsiblt.-Where any advertisement shall be erected, exhibited, fixed or retained upon or over any land, building, wall, hoarding or structure in contravention or the provisions of section 126 or section 127 or after the written permis- sion for the erection, exhib1tion, fixation or retention thereof for any period shall have expired or become void, the owner or person in occu- pation of such land, building, wall, hoarding or structure shall be deem- ed to be the person who ~ erected 'eXhibited, fixed or retained such -advertisement in such contravention unless he prO\ es that such con- travention was committed by a person not in his employment or under his control or was committed without his connivance.

130. Removal of unauthonsed adverlrsement.-( I) If any advertisement be erected, exhib,ted, fixed c.r retained contrary to the provisions of sec- tion 126 or section 127 or after the wntten permission for the erection, exhibition, fixation or retention therooffor any period shall have expired or become void the comDll~sioner may, by notice in writing, require the owner or occupier of the ' land,. bui!dmg, waJI, hoarding or structure upon or over which the same is erected, exh1bited, fixed or retained to take down or remove such advert1sernent or may enter any building, land or property and have the advertisement removed.

(2) Any person exhibiting or responsible for exhibiting any adver• tisanent otherwise than in accordance with the provisions of this Aet shall be liable in add1tion to the penalty prescribed in Schedules V and VI to pay to the municipal council the charges of the removal o(the unauthoristd advertisement .•

131. Collection of tax on adoertisement -The Commissioner may farm out the collection of any tu on advertisement leviable under section 126 for any period not exceeding one year at a time on such terms and con- ditions as may be provided for by bye-Jaw made under section 347.

132. Levey of tax ott direction by Government.- (1) The Government may, by order published in the Gazette direct any municipal council to levy the property tax, or any class of property tax, or any other tax leviable under this Act or any other Jaw, at such rate and with effect from such ,<.latc (not being c-.ulic:r than the first day of the half-year immediatdy following that in which the order is published), as may be specified in the order.

(2) When an order under sub-section (1) has been published, the provisions of thic; Act, relating to tax shall apply as 1f the municipal council had on the date of publica6on of !tUCh order by resolution deter- mined to levy the tax at the rate and with effect from the date specified in the order and as if no other r~olution of the council under sect1on 97 determining the rate at which and the date from which the tax shaD be )evied had taken effect.

(3) A municipal council shall not alter the rate at which the tax or any class of such tax is levied in pursuance of an order under sub- section ( 1) or abolish such tax except with the previous sanction of the Government.

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Gtrutal fwownons rttardinl t~ atlfitaa'fl&l.

133. EAnnplion.-(l) Nothing contained in the Chapter shall be con· strued to make liable the Government to pay profession tax in respect of any commercial industrial or other like undertaking$ whtcb are owned

. by or managed by or on behalf of, the Government.

(2) Th e Government or, with the sanction of the Government, the municapal councal may exempt any person or class of per~ns wholly or in part from the payment of any tax. But nothing m this section shall be deemed to author~e the exemption of any person solely on the ground that he i~ a member of a municipal counctl.

134. Power to assess tn case of escape from assessment. - Notwith- S·tanding anythmg to the contrary contained in this Act or the rules made thereunder, if for any reason any person liable to pay any of the taxes or fees leviable under thts Chapter has escaped assessment in any half-year, the coiiUI\issioner may at any time Wtthin three yean from the date on wh1ch such person should have been assessed . serve on such person a notice as~es!.ing him to the tax or fee due and deroandmg pay- ment thereof wtthm fifteen days from the date of such service, and the provistnns of this Act and the rules made thereundershall so far as may be apply as tf the assessment was made in the half-year to which the tax or fee relates.

135. Definition of municipal fond.-All moneys received by the municipal council shall consti tute a fund which shall be called the municipal fund and shall be applied and disposed of subject to the provisions of this Act or other Jaws.

I 36. Gra"ts by Gove1'1111Unt to the municip11l fund.-The Government may contribute to the funds of any municipality by way of a grant such sum as may be fixed by the Government with due regard to the net!ds of development and the cost of municipal administration and services. ' 137. Eslim,tfes of mcome and expendtlurt to ht prepared tU'Inual(y hy tht Commis.noner.-The Commissioner shall, on f)r before the fifu·enth rlay of J.~nuary each year, prepare and submit to the :~tandmg committee a budget containing a detailed estimate of income and expenditure for the ensuing year, and, if it is in his orinion neces,ary or expedlent to vary taxation or to raise loans, shal submit his proposals in regard thereto.

138. Budget Eslrmalt to be prtpared by the stant!ing committee.- (I) The standing committee shall as soon as may be after tht' fifceenth day of January consider the estimates and proposals of the commissioner and having regard to all the requi•ements of thi:, Act frame therrfrom a budget estimate of the income and expenditure of the municipal council f,r the next year.

(2) In such budget estimate, the standing committee shall-

(a) provide for the payment, as they fall due, of all in~t,tlmenu of principal and 1n terest for ~ hich the municipal councal may be !Jable on account of loans ; and

· (b) allow for a cash balance at the end of the year d not less than ten per cent of the revenue of the municipal council. 34/4095

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139. ConsiJeration of the budget estiJMte by th1 council-At a meeting of the council which shall be called for not [ater than the first week of March. the budget estimate prepared by the standing comm..ittee shall be latd belore the counc1l.

140. Proctdure of counctl. -The council may refer the budget estimate . back to the sta11dmg committee for further consjderation and resubm..is- SJon within a speclfild tJme, or adopt subject t<: such rules as may be pre~ribed the budge-t estimate 0 1 any rev~sed budget estimate sub- mJtled to it, either as it stands, or subject to such alterations as it deems exptdient.

141. Obbgation to pass budget bifore the beginmng of tht year.-The council shall finally pass the budget estimate berore the beginning of the year to which h relates and fo1 thwith subrr.it cop•es thereof to the Gov· ernment and to the aud1tors.

142. CounCil may pass supplemental budgtt.-fhe council may. on the recommendation of •lu: standmg commutce, from time to t ime during any year, pJss a supplemental budget esumate for the purpose ofmeet- mg any special or unfore~een re•tuJrement ar1sing during that year, subject to the provis1on' of sub·sectton (2) of section J 88.

143. Reduction or transf" ofbudgtl grants.-(1) The standing committee may, if it thinks necessat y, at any time during 1he year- ( a) reduce the amount of a budget grant ; or

(b) transfer and add the amount, or a portion of the amount, of one budget grant to the amount of any other budget grant :

Provided that--

(i) due tegard shall be had, w ten making any such reduction or transfer, to all the requirements of this Act ;

(ii) the aggregate sum of the budget grants contained in the budget es· imate adopted by the council shall not be in- creased except by the council under section 142; and

(iii) every such reduction or transfer shall be brought to the notice of the C')unci1 at tts next meeting.

(2) If any such reductJOn or transfer is of an amount exceeding one hundred rupeer;, the council may pass w1th regard thereto such order as 1t thinks fit, and 1t shall be incumbent on the standmg com· mittee and the commisstoneJ to give effect to the sa1d order.

144. Read;uslmtnl of income and expenditure to be rno.de bJ tile council durmg the course of the year, wheneo" ntctssmy.- ( I) I f 1t shall at any time du1 ing auy year appear to the council, upon the reprtsentatJOn of the standmg comm1ttcc, that, notwtthstanchng any reduction of budget grants that may have been made under sect10n 143, the income of the mt~nki!Jal fund during the said year Will not SIJffice to meet the ex- pendtture sanct·oned m the budget esttmate of the sa1d year and to leave at the close of the year a cash balance as p• ovided for in section 138, it stall be mcumbent on the counc1l e1ther to dimintsh the sane. tioned expend1ture of the year so far as it may be possible so to do with

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(2) Whenever the council detcrmmcs to have rccoune to supple· mentary taxation in any year, 1t shall do so by increasing, for the un- expired portion of the year, the rate at which any tax or d uty 1s being levied, subject to the cond1hons, limitations and restrictions laid down in this Chapter.

145. Powers of the Govemment over budget - The Government may direct a councll to modify their estimates to be in keeping w1th the provisions of th1s Act or on grounds of any excesstve or inAdequate ap- propriations in any of the items in the budget.

146. Appowtment of audztors of accounts.- The Government shall appoint aud1tors of the accounts of recc1pt and ex!Jend1ture of the muni- Clpa1 tuna. Such auditors shall be deemed to be pubhc scrviOnts W1thm the meaning of sect1on 21 of the Indtan Penal Code (Central Act '15 of 1860). trfi

147. Contnbutton to expenditure by other local authontles.- If the expenditure incurred by the Government or by any other municipality to wh1ch this Act applies or by any other local authority in the St.ite for any purpose authonsed by or under Part li of Schedule II 1S such as to benefit the mhabttants ofthe municipahty, the municipal councll m"y, w1th the sanction of the Government, make a contnbut10n towards ,)uch expenditure.

148. Tune wrthm which contrwutiotz should he objected to.- The Govern· ment may d1rect a mume•pal counc1l to ~how cause, within a month after recetpt of the o1der containing the dtrectton, why any contnbut10n described m section 147 should not be made.

149. Contributzon to be pald as per final orders of Gouernmtnt.-If the mumc•pal counc1l fails to sho..v cause withm the penod presc1 1bed in section 148 to the satisfactiOn of the Government, the Government may dtrect it to make such contr.bullon as they ~hall name, and 1l shall be paid accordingly.

150. Applicallon of Sch£duk II.-The rules and tables embodied in Schedule 11 shall be read as part of th:.: Chapter.

151. RecoCJery of loans and advances made by the Government.-Notwith- standing anythmg contained in the Local Authorities Loans Act for the time being in force, the Government shall be entttled to recover in the manner provided by sub-!>ection ( 1) of sectton 5 I of trus Act or by suit any loan or advance made to any muruc1pal counctl for any purpose to which the funds of the said council may be applied under this Act. PART IV-PUBLIC HEALTH-SAFETY AND CONVENIENCE

CHAPTER VII-WATER SUPPLY, LIGHTING AND DRAINAGE

Water Supply-Vesting of Works and powers of Muntcipal AtuluJr&tu:s

152. Vesting ofworks in Municipal Counetls.-All pubhc reservoirs, ta.Db, ciaterna, fountains, wells, pumps, pipes, taps conduit~, aqueducts

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and other worb (not vested in the Government) connected with the supply of wAter to the municipality, wh,.ther made at the cost of the council or otherwise, and all bridgrs, buildmgs, engines, works, mater- Jals and other things connected therewith and all land (not being pri- vate property or ptoperty vested in the Government) adjacent and appertaining to the same shall vest in the council and be subject to its control

153. CtmSlruction of water works and provision of gratuitous supply of drink- ing water.-( 1) The Government, or the councd with the sanction of the Government, may construct, lay, or erect filtering tanks, reservoirs, engmes, conduits, pipes, or other works within or Wtthout the limits of the municipality for supplymg it with watel' and may provide tanks, reservoirs, engines, mams, fountains and other conveniences WJthin the Aid limits for the use of the inhabitants.

(2) The Government or the council may provide a supply of drink- mg water Wtthm the municipahty and may erect stand pipes fountains or other conveniences for the gratUitous supply of water.

(3) Any water supply system cons~cted by and vesting m the Government may on such terms as may be settled by the Government and the munic1pal councd be handed over to the mun1cipal council for its be1ng worked out, and, so long as the arrangement lasts, the water- supply shall, for the purposes of this Chapter, be deemed a municipal water supply.

(4) Notwithstandmg anything contamed in sub-section (3), it shall be lawful for the Government to work the Government water supply sys- tem through their own officers, and 1 n such cases an annual contribu- tion of such amou.lt as may be fi~ed by the Government, after ascer- tammg the views of the council, shall be pa1d by the Council to the Government.

154. Trespass tm premlscs connected with wa~r supply.-lt shall not be ]awful for any person, except with permiss1on dufy obtained, to enter on land vested in the Government or the counctl a long whtch a condu1t or pipe runs or any premises connected with the water supply.

155. Prohrbztro1r on burldmg over water mains.-Without the permission of the counctl> no building, wall or other structure shall be newly erected and no street or milway shall be constructed over any munici- pa 1 water mains.

(2) If any building, wall or othor structure be so erected or any stn:et or railway be so constructed, th• council may cause the same to be 1emovtd or otherwJSe dealt with as shall appear to 1t fit, and the e>.peuiO thereby incurred shall be paid by .the persollS offendmg.

156. M~tMlitrt Zllid tl14l8:t Mllilu.-Wboevet'- ( 1) unlawfully breaks, injures or causes damage to any public cha~.nel , tank, reservoir, cistern, well, fountam or standpipe or dt verta water o the work connected wtth the water supply 01 without due authonty opena or removes any lock, cock or pipe belonging to or under the GWl.l.&emcnt or control of the municipal council, or

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(2) unlawfully draws off or taken water from any water works be· longing to the municipal council or under their management or control,

shall, for every suet- offence~ be liable to a fine not exceeding fifty rupees.

Supply for domestic use

157. Counctl to provtde water for domesttc use.- The munictpal council shall, so far as the funds at its disposal may admit, provide a sufficient suppl)' of water fit for the domestic use of the inhabitants.

158. Control over house contzectzollJ'.-All house connections, whether within or without the premh;~~ to which they belong, With any water supply mains which may have been constru.cted by a municipal council, shall be under the control of the council, but shall be altered, repaired and kept in proper 01 der, at the expense of the owner of the premises to whtch they belong or for the use of wlnch they wt>re <..onstructed, and m conformity wilh the bye-laws and regulat1ons framed by the council in this behalf

159. Private water supplyfor consumption and domestu: use and power of commlssioner to enforce provzszon of water supply.-( 1) In muniCipalittes in which there is a pipe supply of water, the co.mrnJss10ner may, at his dtscretion, on applicatiOn by the owner or occupier of any butlding, arrange, in accordAnce with the bye-laws, to supply water thereto for domestic consumpt1<:m and use:

Provided that the commissioner shall not, without the sanction of the council agree to supply water to any bUltding assessed at an annual value of less than one hundred and twenty rupees.

(2) Whenever it appears to the commissioner that any dwelhn,g hou~e assessed at an annual value of not less than two huadred rupees is wtthout a proper ~upply of water for dome~ tic consumption and use and that such a supply can be furmshed from a mam not more than one hundred feet dLstant from any part of such bu1lding, the commiss1oner may by notice require the owner to obtain such supply ard to execute all :,uch works as may be neces;)ary for that purpose m accordance wuh the bye-laws and regulations :

Provided that no action shall he taken under this sub-section if the owner satisfi,.s the commissioner that he is too poor to bear the cost of the said works:-

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(3) The cost of makmg the connectJon and the cost or hire of meters shall be borne by the owner or apphcant and shall be recover· able in the same manner as the property tax.

ExpltZnation.-Supply of water for domestic consumption and use shalt not be deemed to include a supply-

( a) for any trade, mapufacture or business,

(b) for gardens or fer purposes of irngation,

(c) for building purposes,

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{d) for fountains sw1mming baths, public bath.s, tanks in ot near temples, churcho and mosques wtt.ain the munic1pality or for any orna- mental or mechanical purpose,

(e) for animals, or for washing velucles where such animals or vducles a re kept for sale or h1re;

but shall be deemed to include a rupply-

(i) for flushing latrines,

(ii) for all baths other than ~wamming baths or public baths,

(111) for the consumption and use of truna tes of hotels, boarding hou/Je!> and the like and for bath) used by such inmates,

(w) for ex.tingu1:.hing fire. Prwate waltr supply far non·domtslzt purposu

160. Power of commzs.noner to supply water for non-domesttc purptms.-The commiss10ner may, subject to such tules as may be framed by the Government from tune to tJme and wtth the sanction of the council, supply water for any purpose other than domestac consumphon and use on rece1vmg a wntten applacation specifymg the purpose for wluch such a supply is requued and the quantity likely to be consumed. · P aymenl for wat.er

161. Payment for wafer supplled under stc/toll 159 or 1 60.- ( I) For the water supplted under section 159 or sectton 160, pay.nent shall be made on such basis, on such terms, and on such condnions as shall be laid down in the bye-laws made by the council, and shall be recoverable in the same manner as the p1 operty tax.

(2) in particular, and w1thout prejudice to the generality of the foregoing power, -such bye-laws may,-

(a) in case of supply for domestic consumption and use, lay down the max.1mum free allowance to be made and the rates of charges to be levied in respect of water to be ~upphcd m excess of such allowance; and

(b) m cas~ of~upply fo r domesttc consumptton and use or for other purposes, or any cla'IS of such cases, lay down that the charge for water supplied shall be based on the number of taps aJlowed, irrespec- tive of the quantity of water consumed.

Supply beyond Lzmzls of Mun~&ij.ality

162 . Supply wzt.h.out the mumcipaltty.-The CO'Jncil may, with the sanction of and on such terms (If any) as may be approved by the Government, supply water to a local authority or other person without the municipality.

Cuttint off 'tD4I.Ir 111/JJil~

I G 3. Power tb cr.U off wat.er supply.- ( 1) The commissioner may cut off the supply of mumcipal water from any premises- ( a ) if the premises are unoccupied;

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(b) if any water tax or any sum due for water. for the cost of making a connection or for the cO'it or hire of a meter or for the ClSt of carrying out any work or test connected with the water supply, which is chargeable to any person by or u•'lder tlus Act, is not paid within fifteen days after a bill for such tax or sum has been presented;

(c) tf, after receipt of a notice from the commissioner requiring him to refrain from so dou;g, the owner or occupier cont1nues to use the water or to permit 1t to be used in contraventJon of any bye-law made undC' r dus Act;

(d) if the owner or occupier neglects withm the period specified in any notice i<~sued by the commissioner under any bye-law made under this Act to put a meter or to comply with any other lawful orde1· or requisition;

(e) if the owner or occupier wilfully or negligently damages his meter or any pipe or tap conveymg municipal water;

(f) if the occupier Jefu .,es to admit t:1e commt~s,8ner into pre- mises whach he pa opo3es t0 enter for the pu rpo11es of executing any work or of placing or removing any apparatus or of making any exammat10n or inquiry m connechon w1th the v.ater supply, or prevents the commis- sioner from doing such work, placmg or removing such apparatus, or making such examination or inquiry;

{g) if any p•pes taps, works or fittmgs connecttd with the muni cipal water supply are found on examination by the commi~aoner to be out of repair to such an extent as to cause waste or contamination of water ;

(h) ifthe owner or occupier causes pipes, taps, works or fittings COMected with the. municipal water supply to be placed, removed, repaired or otherwise interfered with in violation of the bye-lawll · Prov1ded that in cases under clauses(~) . (f ), (g) and (h), the com- missioner shall not take act1on unless notice of not less than twenty·four hours has been given to the owner or occupier of the premises.

(2) The expense of cutting off the supply shall be paid by the owner or occupier of the premises.

(3) In cases under clau~e (b) of sub-section (1), as soon as any money for non·payment of whlch water has been cut off together with the expense of cutting off the au pply has been paid by the owner or occupaer, the commissioner shall cause water to ~e supplaed as before on payment of the cost (if any) of reconnecting the prem1ses with the muni• cipal water works.

(4) No action taken under this s~ction shall relieve aJ)V oers:on from any penalties 01 liabiliues which he may otherwise have mcun c

164. Non-liabilr!J of counal for reduction or stoppage of supply rn urlatn cases.- The municipal cout.etl shall not be hable to any penalty or damages for cu tting off the supply of water or not supplymg wa ter (save in the case of express sllpulation in an agreement for the supply of weLter for other than domest1c purpo11e) 10 the case of any droughr. or other uncLvoJdable cause or accident, or the neces)ity for rclayang or repairing pipes.

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165. P.rovi.Sionfor lrghtu1g publzc strtets.-(1} The Municipal Council shall, so far as the funds at Its dispo~l pc1mit, cause the public streets to be lighted and for that put"pose shall provide such lamps and works as it dunks necessary.

(2) Notwithstandmg anything contained in sub-section (1), it shall be lawful for the Government to provide any public street with a lightmg system and either work it through an agency approved by them or hand it over to the council for being v.orked.

(3) If it is worked by the agency through their officers, an annual contributJon ofsuch amount as may be agreed upon between the agency and the council shaU be pa1d by the council to the agency. {4) If it 1s handed over to the counc1l it shall be ~o done on such terms as may be 54-ttl.ed by the Government and the counc.1l.

(5) Notw.ith~tandmg anything contained m sub-sections (1) to (-4) , it shalJ be lawful for two or more rnunJCi pal counc1ls, with the sanction of, and on such terms as may be approved by, the Government, to provide for any electric hghtmg system and maintain 1tjointly. Public Drainage

166. Main~ance of syslem of drainage by Council.-The municipal council shall. so far as the funds at its disposal may admit, provide and maintain a sufficient system of public drains.

Private Dro.iMge

167. Control over house t!rJJins, latrines and ress pools.-All housedrains, whether within or w1thout the premises to which they belong, and all private latrines and cess pools withm the municipality shall be under the control of the municipal councH, but shall be a ltered, repajred. cleansed and kept m proper order at the expense of the owner of the premises to which the same belong or for the use of which they were constructed and m conformity W1th the bye-laws and regulations framed by the council in tl-.iS behalf.

16tl. Connection of house drains wath public drains - (I) The commis- .sioner shall on apphcation by the owner or the occupier of any premises or the owner of a private street arrange, in accordance with the bye. laws, for the connection of the applicant's drain wnh any public drain at a distance not exceedmg three hundred fe_t therefrom at the appli. cant•s expense.

(2) If there is a public . drain or ·outfall within a distance not exceeding one hundred feet of the nearest point on any premises, or if within such distance a public drain or out ~all is about to be provided or is in the process of construction, the commiss1oner may by notice direct the owner of the ">ald premises to construct a drain leading there- from to such drain or place of outfall and to execute all such works as may be necessary in accordance with the bye-laws and regulations at such owner's expense •

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(3) If any premises are, in the opinion of, the commissione1, wilh,. out sufficient means of effectual drainage, but no part thereof u situated wirhin one hundred feet of a public drain or its place of out.f.ill, the commissiont>r may by notice direct the ownrr of the said p~mises to construct a cess pool or septic tank or filters of such material, dtmen- sion and descript10n in ~uch position and at such level as the commis- SIOner thinks necessary, and to construct a drain or drams emptymg mto such cess-pool, tank or filters and to execute all such works as may bt> necessary m accordance w1th the bye-Jaws and regula- tions:

Provided that-

(a) no requ1sihon shall be made under dus section on any person who has l,een exempted from payment of the property tax under sub- sectJon (5) of sect1on 101 ;

(b) no person shall be required under this ' ection to expend a sum exceedmg five hmes the proprrty tax on any such buddmg, wllh the land asses!)ed w1th it as part of the same prerruses, or m the case of bwldingsexrmpled under section 101, five times the property tax wruch would be pa)ah1e on such butlding with the land which would be assf'~ed with 1t to the property tax if such butlding were not exempt and 1f any amount rxceeding the said ~wn IS expended, the excess 'hall be borne by the counc1l.

169. Commissioner may close or limit the use of existznc priuate drains,-

(1) Where a drain connectmg any prenuses with a public dram or other place set apart by the municapal counctl for the dascharge of drainage is sufficient for the effectual dramage thereof and ts other- WlSC unobjectionable, buttS not, m the opinion of the oommissionea, adapted to the general draina~e system of the municipality oa part of the municipahty in which !)Uch drain 1.5 situated, the commis-ioner w1th the approval of the councJl may,-

(a) subject to the provisions of sub-section (2), dose, discontinue or destroy the satd drain and do any work nocessary for that purpose; or

(b) · direct that such drain shall, from such date as he specifies in tlus behalf, be used for qjllage and sewa~e only, or for water unpol- luted WJth sullage ~r sewage only, and by notice requu-e the owner of rhe premises to make, at hts own expense, an ent irely distinct dram for water unpolluted With sullage or sewage or for sullage and sewage-

(2) No draia'l may be closed, discontinued or destroyed by the coni- missJontt under clause (a) of sub-section (I) except on condition of hi"

providtng another dram as effectual for the drainage of the premise~ and communicating with a public dr4in or other place aforesaid; and the expense of the construction of any drain so provided hy the oom- mtssioner an.d of any work done under clause (a) of sub-section (I) f~ll be paid by the council.

170. Power of commzssioner to drain premises in comhinalron.-(I) when the commissiOner is of opinion that any group or block of premise~, any pat t o( which i! situate within one hundred f~t of a rnuni<:ipa\ dram already existing or about to be provided or in the process of construction, may be drained more economically or advantageously in

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combmation t.han separately, the commissioner may, with the approval of the council, cause such group or, block of premises to be drained by such method as appears to the comroisstoner to be best suited therefor, and the expenses jncurred by 1he commassioner in so doing shaU be paid by the owners in ~uch proportions as the council may decide.

(2) Not less than fifteen days before any work under this section is commenced: the commissioner shall give notice to the owue.rs, of-

(a) the natare of the Intended work;

(b) the estimated expenses thereof; and

(c) the proportion of such expenses payable by each owner.

(3) The ownen for the tame betng of the several pre~ consti· tuting a group or block dramed under sub-~ection (1) shall be the joint owners of every dram constructed, erected or fixed, or continued for the special use and benefit only of such premises and shall in the pro- portiOn in which it •~ detetmined that they are to contnbute to the ex- penses incurred by the commtso;ionel' under sub-section (1) be respons•· ble for the expenses of maintaining every such drain in good repair and effictent condtbon.

171. Building, etc., nol to be erttltd without pmnission over drains .. - ( I) Without the pennlSl>ion of the council, no person shall place or construct any ftnce~ building, culvert, drain covering, drain or other structure or any street, railway or cable over, under. in or across any public drain, or stop up, divet t, obstruct or in any way interfere with any public drain, whether it passes through public or private ground {2) The commisSloner may remove or otherwise deal with any- thing placed or constructed in contravention of sub-section (1) as he shall dunk fit, and the cost of so domg shall be recoverable from the owner thereof in the mantJ.er provJded m section 386. 1 72. Conslructron of culverts 01 drain coveri11gs by owner or occupier.-

(1) The commis~ioner may by notice require the ow,ner or occupier of any building or land adjoining a publtc street to construct culverts or drain covering~ over the side chano~ls or ditches at the entrances to the aid building or land

(2} All culverts or dram coverings or pials maintained over side- channels or ditches by the owners or occupiers of adjacent buildings or land' shall be of such form and Stze and consist of lluch material~ and he provided wtth such means of ventilation as the commissioner may by notice requtre and shall be maintained and kept free from all obstroc- tton at the expense of the said ownen or occupiers.

173. Maintenmlct of trouglu and pipes for calchmg water.- The owner or occuptet of any butlding in a pubhc street shall , wi1hin fifteen days after recetpt of notice m that behalf from the commissioner, put up and thenceforward roair.tain proper troughs and pipes for catching and carrying the water from the roof and other parts of such buildmg and disch~rging such water in such manner a!> the commiss1oner may perm1t.

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174. ProrJision of po.hli& ltztruzes.-The council shall provide and main- tain in proper and convenient places a sufficient number of public latrines and shall cause the same to be daily cleansed and kt:pt in proper order.

PriMk Latnnes.

175. Provisio't of latnnes by owner or occuprer. - ( 1) The comnuss&oner may by nouce require the owner or occupier of any buildmg WJthin the time specified in such notice to prov1de a latrme or alter or remove from a unsu&table to a more su&table place any existing latrine in accordance with the directtons contained in such notice fCir' use of the pertons employed in or about or occupying such building and to keep it clean and in proper order.

(2) Every owner or occupter of the ground on which any group of six or more huts stand sha II provide latrines of such descriptton and number and in such position as the comm&ssioner may by not1ce , require, withm such time as may he fixed m the notice, for the use or the inhabitants of such huts.

(3) If such work is not c-arried out within the time specified in the notice, the commissioner may. if he Lhinks fit, cause such worb to be executed and recover the expenses incurred therefor from the owner or occupier in default.

176. Provision of latnrles for i4hourers .-Every person employing work- men, labourers or other persons exceeding nine m number, shall pro- vide and maintam for the separate u:.e of persons of each S(X M> employed latrmes of such descnption and number and m such pos1tion as the commissioner may by notice requi~, within ~uch time as may be fixed in the notice.

177. Provisron of latrines for markets, cart standi, cattle shtds, chou.LLry, etc.- The comma:,s1011er may by notice requtre the owner or manager of a market, cart stand, cattle shed, choultry, theatre, ratlway station, dock, wharf, or other place of public resort WJthm the time !tpecified in such notice to provide and mamtaan for the separate use of persons of each sex latrines of such description anCt number and m such position as may be specified in such not&ce.

178. La.tnnes to be screened from vtew and kept clcau.- Ail latnnes shall be so comtructed as to screen persons using the same and the filth from the vtew of persons passing by or res1ding 10 the neighbourhood and shall be kept clean and m proper order.

GenertZl pawns

179. Powtr to carry wtre, fJ~, tlrar.n.s, ete. through prwale proftlrlJ suhj.el w causing as little inconvenience as pomble and paJmg for direct damage.-The commiS!.ioner may carry any cable, wire, pipe, drain or channel of any kind to estabUsh or maintain any 'lystcm of drainage, water supply or lighting, through, across, u;tdcr, or over any road, ~Meet or place la1d out for a road or street and after !living rea~nablc nouce to the owner 01 occupter, through. acrOsS, under over or up the side of, any land or building in the municipality, and may place and maintam posts poles,

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standards, brackets or other contrivances to support wire1 and hghts on any pole or post m the mun.ic1palay not owned by the State Govern- ment or the Cenual Government, and may do aU acts nec.essMy or expedtent for repairing or mamtauung any such cable, ware, p1pe, dram, channel, post, pole, standa rd, bracket or other sun1lar. contnvance 10 an effective state for the purpose of which 1t 1s intended to be used or for removmg the same:

Prav1ded that ~uch work shall be done ~o as to cause the least pla- cdcable nu1sance or mconvenience to any person :

Provaded further that the commissroner shall, w1th the aanctton of the council, pay compensatton to any person who sustams damage by the exercise of such power.

180. Prohzbition aganut makmg connectron wzth mains wrthout permusum.- ( 1) No perwn shall, w1thouL the permtss1on of the comm1ss1oner, make any connect1on wtth any mun1C1pal cable, wire, pipe, dra1n or channel. or wath the house connectaon of any other person.

(2) The co'mrnissioner may by not1ce requue any connection made in contravention of sub-sect10n (l) to be demoh~hcd, removed, clo~d. altered or re-made.

181. Power to requzre Level of culvert, cable, etc , to be rauecl ot lowmd.-lf the coWlctl conducts any pipe or cl rcun ot other wo1k connected wtth the wa ter supply or dtamage of the mumcipailty acro:.s· a culve1 t, cable Ol' d ra1n, 1t may, wtth the sanction of Government ~utu a l the cost of the munic1pal fund, require the owners of the same to raise or lower the level thereof.

182. Powers in respect of works outnde lhe mumczpalzty. - ( 1) The munt- cipal council shall not undertake new works b\!yond the limtts of the munic1pality wtthout the sanction of the Government .

(2) The councd may, in the execuuon and fot the purpose of any works beyond the lim1ts of the munac1pality sancuoned by the Govern~ ment, whether before or after the pas.,mg of thts Act, exerC1.'>e cill the powezs wluch it may exetcLSC w1thm the mumcxpdllty, ll'lroughout the hne of the country through which condu1ts, channels, p•pc~ , hnes of post.'> and wires and the hkc run, and w1th the sanction of the Govern· ment,-

(a) over any lake, tank or resuvoir, from which a supply of water for drinkmg, for producing electric eneagy or fo r other pUt po:.es ., druved, and over all lands w1thtn one mile of the h1gh water level of .my such lake, tank or reservoir,

(b) over any water-course from which a supply ofwater for da.nkmg , for p10ducmg electric energy or for other purpo)(s IS denved, ,.,,Ltun one mile above and haifa mde below any pomt at wluch water 1S t.aken for such u5e, and ·

(c) over any lands used for sewage fcLrnb, sewage d isposal tanh, fihen and other worn connected with the d ramage of the mutuetpality. CHAPTI:.R VIJI-ScAV£NOINO

113. MumaptJli!J to arrang•for the rem.oDal of rubbrsh alldf&lllt.-i.vecy mur.icipal council shall make adequate arrangeme.nu for-

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(a) the regular sweepmg and cteansmg of the street., and temova· of sweepings therefrom;

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(b) the daily removal of the filth and the carcasses of animab from private premises; and

{c) the da1ly removal of rubbiSh from dust-bms and private pre- mises,

and with tlus object, It shall provide-

(i) depots for the deposit of filth, rubbtsh and the carcasses of animals;

(u) covered vehtcles or vessels for the xemoval of filth; (tit) vehiclea or other smtable means fot the removal of the carcasses of la1 ge ammals and lU bbish; and {iv) dust-bms for the temporary depostt ofrubb1sh.

184. Contrzbutzons from persons hauz~ co11trol over places of pugrimage elc.- Where a chutch, mosque, temple mutt or any place of relig10us wot· sh1p or instruction or any place whtch IS used lor holdmg fairs, fcshvals or for other hke purpo~ tl> Situated Within the hmtts of a municipality of the neighbourhood thereof and attracts etther throughout the year or on part1cular occastons a large number of persons, any special arrange- ments necessary for pubhc health, safety or con .. emcnce whether per- manent or temporary shall be m ade by the mumc1pal counctl, and the counc1l may require the trustee or other person havlllg control over .!>uch place to make such recurnng or non-recurrmg contnbutions as the Government may determine to the funds of the mumctpal counctl.

185. Prohtlntton of zmproper duposal of carcasses rubbzsh attd fzlt~t.-No person shall, alter due provtSlon has been made under sect1on 183 by the municipal COUHC1l for the depostt and removal of the same- ( a) deposit the carcasses of ammals, :rubbt~h or filth~ in any ~>treet, or on the varanda of any bmldmg or on any unoccupied ground alongs1de any street or on any public quay, Jetty or landmg place, or on the bank of a water-course or tank; or

(b) deposit filth or carcasses ofammals many dust-bin or in any vehicle not intended for the removal of the same, or

(c) deposit 1 ubbiSh in any vehicle or vessel · ntended for the re- moval of filth save for the purpose of deodormng or disinfectmg the filth.

186. Prohilntton agamst keepmg fzllh on premises too long etc.-No owner or occupier of any premises l>hallleep or allow to be kept for more than twcnty-fow hours any filth on such p1emises or in any building or on the roof thereof or in any out-buildmg or any place be longing theretO, or fail to comply with any requisition of the commissioner as to the con- struction, repair, paving or cleansing of any Litnne on or bclongmg to his premises.

187. Prohibitton against allowzng outflow of Jilth.-No owner or occupie\ of any premises shall allow the w,\ter ftom any sink, drain, latnne or stable, or any otheJ filth to flow out of such ptemises to any portion or

---------------------------~-----------~ - a street except a dram or a cess-pool or to Bow out of such premises ift such a manner as to cause an avoidable nuisance by the soakage of the said Welter or filth mto the W

188. ProhibzlzoJL agarnst usz11~ 0191 carl wzlhoul cover m tlu removal of filth ttc.--No person shall, in the removal of filth, use any cart or receptacle not having a covenng proper for preventing the escape of the contents thereof, or of the ste1tch therefrom, or mtenllonally or negljgently spill any filth JO the removal thereof, or omlt carefully to sweep and clean every place m wluch any such filth has been :,pilled, or place or set down in any public place any filth whethct m a vessel closed or open.

189 Prolubrtton agamst tlr.row1ng rubbuh or J tltlt wto drams. - No penon shall put or cause to be put any rubbtsh or fihh mto any pubuc Main not intended for rubb1sh or filth or into any dram commumCdttng wtth any such public drain.

190. Prohzbztion. alJarnsl commzltmg 11uirance m publrL streets etc -No person shall commtt a nuisance by easmg h•mself m any strc;et, publlc place or thorughfare or pernut any petSOn unde1 h1s control to commit a nUisance as abovesa.id.

CHAPTER IX- STREETS

Publu struts

191. Maznleuance and tepair of strtets.-(t) The municipal councd shall, at the cost of the municipal fund, cause the public streets and brtdges vested in and und('r the control of the munic1pal counctl to be maintanted and repatred and rna y from the same fund meet the cost of all unprovemenB to the ~ame whzch are necessary or expedtent for the publtc safety or conven1ence.

(2) The counc1l may entrust to any other local authority with the consent of ~uch authonty the mamtenance of sucn public street or por- hon thereof, the cost of mamtenan<-e bemg provtded by the councd.

192. Power of muma pal authorrtzu.-( I) The counc1l may-

(a) lay out and make new pubhc sheets ,

(b) comtruct bndges and sub-ways ;

(c) turn, dtvert or w1th the spec1al sanction of the Government permanently close any public street or part thereof,

(d) widen open extend or othe1 wt.se 1m prove any public stree t.

(2) Reasonable compensation shall be paid to ' the owners and occupiers of any land or buildm~s which are requtred for or affected by any such purpose:,.

193. Power to dupose of permanently closed ~frttlJ.-( I) When a public street lS perm:l nently closed under section 192, the municipal counctl may , w1th the sanction of the Government, d1spose of the site or of so much 1hereof a:. is no longer requ1red, m such manner a s may be a pproved by the Government, prov1ded that due compensatton is paid to any person injured by )Uch closing.

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(2) In detennining such compensation, allowance shall be made fot any benefit accnung to the same premises or any adjacent premtscs belonging to the same owner from the construction or improvement oJ any other pu bite streets at or about the same time that the public street on :1ccount of wruch the compensa tion is paid, ts closed.

194. Acquisutotl of laruf tJJid buildings for tmf1rovement of streets. - ( I) The eouncil may acquire-

(a) any land required for the purpose of opening, widening, extending, or otherwise nnproving any pubhc street, or ofmakmg any new public street and the buildings, 1f any, standmg upon such land, and

(b) any land outside the proposed street, alignment, with the

. buildings, if any. standmg thereupon :

Provided that, in any cac;e in which it lS decided to acquire any land under clause (b) of th1s ::tub-section, the owner of such land may retain it by paying to the muntcipal council an annual sum to be fixed by the council in that behalf, or a lump sum to be fixed by the counct l, not being less than twenty-five t1mes such annual sum and subject to such condttions as the counct! thmks fit as to the removal of the existing burlding (ifany), the descnpuon ofthe new buildmg (ifany), to be erected , the penod within which the new buildmg (afany) ::,hall be completed and any other stmilar matters.

(2) If any sum payable in pursuance of the proviso to sub-section

(I) in respect of any land be not duly paid, it shall be recoverable in the manner provided by thrs Act Jor the collectron of taxes, and , if not so recovered, the commissiOner mciy enter upon the land, and sell it, with any erections standtng thereon, by publtc auction subject to the condttionlt 1f any, impol>ed uoder sub-section (I) above and may deduct the said sum and the expt"nses of the sale from the proceeds of the sale and shall pay the balance {tfany) to the defaulter.

(3) Any sum patd in pursuance of t he proviSO to sub-section (l ) or recovered under sub-secnon (2) in re~pect of any )and shall be left out of accounr in determinmg the annual value of :.u~h land for tht: pUI pose of assessmg it to the property tax.

(4) Any land or bUilding acqu;red under sub-sect1on { 1), clause (b), may be sold, leased or otherw1se da::,poscd of after pubhc advertise- ment , and any conveyance made for that purpose may compnse such condltaons as the counctl thtnks fit as to the removal of the exJsting building (if any), the de.;cnption of the new bu tldmg (tf any) to be erected, the pertod wtthin whu·h the new budding (1fany) sha iJ be completed and any oth{·t stmilar matter~.

(5) The counctl may rP.qutre any person to whom any land or building IS transferred under sub-scct ton (4) to compl y wath any cond a- trons (.Omprisecl an the s.l'ld conveyance before 1t places hun m poss~~on of the land or buJldings.

195. Power to presmbe burldmg /me and street altgnmtnt.-The counctl may -

(a) pre-.cribe for any pubhc street a butldmg lme or a street alignment or both;

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(b) &om time to time define a fresh . lli1e in substitution for any line so defined or for at1y part thereof:

Provided that in either case-

(1) at least one month before the meeting of the council at whith the matter IS dectded, public notice of the propoS.!) has been given and special notice thereof hac; also been put up m the s'treet or part of the street for which such I me 1S proposed to be defined ; and

(u) the counc1l shall consider all objections to the satd proposal made in writmg and delivered at the rr umcipal office not less than three clear days before the day of such meet1ng.

196. Bur/ding not to be constmcted wrthrn street alrgnmenl or building lme.-(1) No person shall construct any portion of any building Wtthin a street alignment defined under section 195.

(2) No person shall erect 01 add to any bUtldmg between a street aligrunent and a bu1ld10g line defined under section 195 except with the permisston of the commtc;s,oner w~ o may v.hen grantmg permission impose such condttions as the council may Jay dcwn for such cases.

197. Setting back pro;ecltng huzldmgs or walls.-( I) · When any bu1lding or part thereof abuttang on a pubhc street is wtthin a street ahgnment defined under section 195, the commiSSIOner may, whenever 1t is proposed-

( a) to rebwld such buildmg or take Jt down to an extent exceed- ing one· half thereof the gt·ound level, such half to be measut ed in cub1c feet ; or

(b) to 'emove, teconst• uct or make any addition ro any portion of such building which is w1tPm the street alignment; in any order whtch he issues connectmg the rebuildmg, alteration or repair of such buildmg, requue surh buiJd mg to be set back to the street altgnment.

(2) When any building or any part thereof within the street align- ment falls down or is burnt down or is, whether by order of the commis- sioner or otherwtse, taken down, or when ony private land without any bu1ldmg thereon lies within the street alignment, the commissioner may forthwith take possess10n on behalf of the counctl of the portion of land within the street alignment and, if necessary clear i t.

. (3) Land acqUJred under th1s sectJ?n shall be deemed a part of the public stteel a nd shall vesr m the mumcipal council.

(4) When any building is set back in pursuance of any requisi- tion made under sub-section (1), or when the commissioner takes poSS(SSJOn of any land under sub·secLJon (2), the council shalJ forthw1th make full compensation to the owner for any dJrect damage which he may sustain thereby.

Explanatwn.- The exp• eruon 'd1rect damage' as used m sub-section

(4) w1th 1eference to land means the market value ofthe land taken aPd the depreciatton, 1fany, in the ordmary market v&~ lue ofthe rest of the land r«>c;ultmg from the area bemg reduced in siz.e; but does not include damage due to the prospective loss of any particular use to which the owner may allege that he mtended to put the land, although such use may be mjunously affected by the reduction of the site. - - - . . - ·- -----------------

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198 Sclltn.~ buildings forward to improve lutt of strttt.-The cound! may, upon such terms as it th1nks fit, aUow any buildmg to be !let forwa1 d fo1 the purpose of improving the lme of a public street and may, by notice, 1 equire any butldmg to be 'so set forward in the case of reconstrucuon thereof or of a ne;w construct1on.

Explanttlton -For the purpose of tlus sect1on, a wall separatmg any prenuses from a public ~treet shall be deemed to be a butldmg; and it shall be deemed a suffic!cent compllance WJth permi~ton or requ1S1ltOn to set forwa1 d a buildmg to the street ahgnment 1f a wall of such mate- rial and dJmensJons as are approved by the commission~r tS erected along the !taid hne.

199. Pro;ccled streets -'1) The co~ncil may prepare schemes and plans of p:-opo~ed p u buc streets, show mg the di1 ect10n of such stt ects the su cet al1r,nment and bmldmg line on each side of them, the1r in ten· ded WJdth and such othe1 det;Hls as may appear desirable.

(2) The w1dth of such proposed streets shall not ordma1 ily be less than fony feet, or, in any area covered by hut$, twenty-two feet . {3) It ~hall be the duty of the councJI to la)' .out pubhc st1eets in a1 eas CO\ eu:d by huts, so far a s may be practicable, both for the pur- posr of (ccurmg p10per ven tllatton for huts in such areas, and m "lew of the contmgency of bUlldtngs bemg erected therem

(4) When any pl .. n has been prepared under sub-section (J). the street to which 1t refers shall be deemed to be a projected pubhc str("'rt , and lhc p10VtStons ofsectton 197 shall apply to all · bu1ldmg· c;o far as they stand across the street alignment or budding une of th~ pro- tected street.

200. Watmng of stmls-The council shall, so far as it constders 1t n-CJuisJte fo r the pubhc convenience, and so far as funds pcnntt. cause the chtef pubhc !ttreets to be watered, and for that purpose may provrde surh watet cat ts ar.1~als and apparatus as it thmks nl!cessary.

201 Temporary closure of streets - The commissionC(r may by an ordc1 in writing tempotanly close any street to traffic, for repa1r or in ord('r to cart y ~ut any work connected with dramage, water supply or ligh mg or any of the purpo!~es ofthts Act:

Pronded that such work shall be completed and such street re- opened to traffic w1th all reasonable speed.

202. Prottclroll nf oppurnnonces and materials of struts -It shall not be lawful for any penon, w!thout the permission ofthe commissioner, to dtsp\ace , take up or male any alteratton in the fences, posts pave- ments, flags or other materials of any public street. '

203. Power of mumctpaltty to recover expenses caused hy extraortfrnnry traffic-When by a certificate of an officer of the Government Pubhc Works Department of a rank no~ below that of Executive Engineer it appears to the c.ouncil that ha..,mg regard to the average expe1\se of repatrtng roads in th~ ne.~ghbourhood, exuao1dmary expenses have been incurred b )• the muu1c1p:.tl courlc,lm 1epaiung a street by reason of the damage caus d by excessne wc1ght passmg along the street or ext•aordi- nary traffic thereon, the_ counctl may recover in the civ1l court having 34/4095

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l , I .sso jurisdiction from any person by or in consequence of whose order such weight or traffic has befn conducted the amount of such expenses as may be proved to the sati'>faction of such court to have been incurred by such cour\cil by reason of the damage ansi ng from such weigrt or traffic as aforesaid:

Provided that any person against whom expenses are or may be recoverable under this 9ection may enter into an agreement with the council for the payment to it of a compensation in respect of such weight or traffic and thereupon the person so paying shall not be subject to any proceedings under this section.

Privale Stmts •

204. Owner's obligatiou to make street wkn disposing of land o.s building sz~s.-lfthe owner of any land utilises, sells, lease- or otherwise disposes of such land or any portion or portions of the same as sites for the construction of bu1ldings, he shall, save in such cases as the site or sites may abut on an existing public or private street Jay down and make a street or sheets or road or roads giving access to the site or sites and connecting with an existing public or private street.

205. Making up new prioalt streets - (1) Any perscm intending to make or lay out a new private street shall send to the municipal office a written applicahon with plans and sectlons showing the following particulars, namely:-

(a) the intended leve.l, direction and width of the street,

(b) the street alignment and the bUilding line, and

(c) the arrangements to be made for levelling, paving, metalling, Bagging, channelling_, sewering, draining, conserving and lighting the street.

(2) The provisions of this Art and of any rules or bye-laws made under this Act as to the level and width of public streets and the height of buildings abutting thereon shall apply also in the case of streets referred to in sub-section (I), and all the particulars referred to in that sub-section shall be subject to approval by the council.

(3) Within sixty days after the receipt of any application under sub- section (I), the council shaH either sanction the making of the street on such condition as it may think tit, or dasallow it or ask for further infor- mation with respect to it.

(4) Such sanction may be refused- (•) ifthe proposed street would confhct with any arrangements which have been made, or which are in the opinion of the councal hkely to be made, for cat rying out any general scheme for the laying out of streets;

(•i) if the proposed street does not conform to the provisions ofthe Act, rules and bye-laws referred to in sub-section (2); or (ui) if the proposed street is not desiglled so as to connect at one end with a street wluch is already open,

(5) No person shall make or Jay out any new pnvate street without or otherwiSe than in conformity with the orders of the council. Iffurthu mformation is asked for, no steps shall be taken to ma.ke or lay out the 'itreet until orders have been passed upon receipt of s.uch information:

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Provided that the passing of such order shall not in any case be delayed for more than sixty days after the council has receh ed all the iaformation which it considers necessary to enable 1t to deal finally with the saad applicauon. Any application not dasallowed within a period of one hundred aad twenty days from the date of receipt m the muni- cipal office 5hall be deemed to have b~n SallCtioned.

206. Alter4lum or thmoltlwn of street made w b~each of sectzon 205.-

(1) If any person makes or lays out any street referred to in 'ection 205 without or otherwise than in conformity with the orders of the council, the commissioner may, whether or not the offender be prosecuted under this Act, by notice,-

(a) require the offender to show sufficient cause, by a written statement signed by ham and sent to the commissioner on or before such day as may be spec1fied in the notice, why such street should not be altered to the ~atisfaction of the commissioner, or if such alteration be impracticable, why such street should not be demolished, or {b) require the offender to appear before the commissioner either personally or by a duly authorised agent on such day and at such time and place as may be specified in the notice, and show cauJc as aforesaid.

(2) If any person on whom ~uch notice is served fails to shOw sufficient cause to the satiafacuon of the commissioner why such street should not be so altered or demolished, the commissioner may pass an order directing the alteration or demolition of such street.

207. Power of Commusttner lQ order work to be carried out or to carry it out himself in defaull.-( 1) If any private street or part thereof is not levelled, paved, metalled, flagged, channelled, draaned, conserved or lighted to the satisfaction of the commissioner, he may by notice require the owners or occupiers of buildings or lands fronung or abutting on such street or part thereof to carry out any work, which in his opinion may be necessary and within such time as may be specified in such notice.

(2) If such work as not earned out Wlthin the tame specified in the notice, the commissioner may, if he thinks fat, execute 1t and the expen• ses incurred shall be paid by the owners or occupiers in default accord- ing to the frontage of their respective buildings or lands and m such proportion as may be settled·by the commissiontt.

208. Right of owners 10 require stred to be decl4rtd public.-If any street bas been levelled, paved, metalled, flagged, d~nnelled , drained, conserved and Lighted under the provisaons of sectaon 207, such street shall, on the requisition of the majority of the owners thereof, be declared a public street.

Eneroaeltmerrt on stnets

209. Prohihilton aga.mst obstructions u1 or over streets.-No one shall build any wall or erect any fence .or other obstruction, or projection, o~ make any encroachment m or over ar.y street except as here Ulafter prO- vided.

210. PublU: struts open to all.-All streets vested in•or maintained

'by a municipal council shall be open to aU members of the public.

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211. Ptohihition and regulation of doors, ground-floor un-ndows. and han optning outmardr.-(1) No door, gate, bar or ground~Aoor window shall without a l1cence from the commissioner be hung or p l?.ced so as to open outwa~s upon any street.

(2) The commissioner may by notice require the owner ofsuch door, gate, bar or window to alter it so that no part thereof when open sha1 l project over the street.

212. Removal of mcroachments.- (l ) The commissioner may by notice require the owner or occupier of any premises to u~move or alter any projection, encroachment or obstruct1on other than a door, gate, bar or ground-floor wmdow situated agamst or m front of such premjses and m or over any street.

(2) If the ov.ner or occupier of the premises proves that any such projection, encroachment or obstruction has ex1sted for a ptriod sufficient under the Jaw of luru.tauon to g,,.e any person a presc11pt1ve t1tle thereto 01 that it was erected 01 made v.tth the pe.m~s1on or l1cence of any munic1pal authonty duly c.mpowe1ed mthat behalf, ana that the penod, 1f any, for which the pet mtssJon or hcence Js "ahd has not expu ed, the municipal council sbaU make reasonable compematJon to evet y person who suffets damage by the removal or aJterat1on of the same. 2 13. Power to allow C&Ttarn pro;ecltons and erectiOns - ( I) T he councu may grant a he· nee, subj ect to such cond1hons a nd restrictiOns as tt may think fit, to the owner or occupiet of any premises to put up verandas, balconies,^sun-shade~, '"eathet frames and the h~e, to project O\er a :Meet, or in street~ in which the construction of arcades has been sane~ tioned by the council, to put up an arcade, or to construct any step or drain covermg necessary for access to the premno.

(2) The commissJone• may grant a hcence, subject to such condi- trons and restnctlons as he may think fit, for the te1.1porary erect1on of par.dals and other stt uctures m a public street ve~ted m the counc1l or m any other pubhc place the control of wh1ch rs vested tn the counctl.

(3) The council shall have power to lease roadstdcs and street margms vested m it for occupation on such tenns and cond1tlons and for such penod as the :counctl may fix.

(4) But neither a hcence under sub-sectton (1) nor ,a lease under sub-sect•on (3) sbaU be granted 1f the proJeclton, constructton or occu- J):\lJOn ts h.kely to be mjunous to health or cause pubhc mconvenience or otherwise materially interfere w1th the use of the road as such.

(5) The Government may, by notification, restuctand place under such conttol as they may think fit the exercise by murucipal councils .in general or by any municipal council in. particular, of the powers u:1der sub-sections (I) and (3). •

(6) On the expiry of any period for wlucb a l1ccnce has been granted under th1s sectJon, the commissioner may, wtthout not1ce, cause any project ion or construction put up under sub·sect1on (I} 01 sub-sec- liOn (2> to be remonrl, and the cost of so doing shdll be t ecoverable in the manner provtded in section. 386 from the person to whom the licence was granted.

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(a) cause the same to be fenced and guarded ;

(b) talte proper precautions against accident by shoring up and • protecting the adjoining building) , and

(c) cause such bars, chams or posts to be fixrd across or in any street in which any such work 1S .undcr execution as are necessary in order to prevent the passage of velticles or animals and avert danger.

(2) The comnmsi~Jner shall cause such drain street or premises to be sufficiently lighted or ~uarded during the mght while under construc- tion or repair.

(3) The commissioner shall, with all reasonable speed, complet<:

said work, fill 1ft the ground and repair the satd drain, street or premtses and re>11ove the rubb1!>h occasioned thel eby.

215. Proh~btlum 11gamst remoual of bars and l1ghts.- No person shall whhout lawful authority remove any bar, cha1n. post or shoring timber or remove or extmguish aay hght set up under )CCtlOn 214.

216. Prolnbitum agamst making holes a1zd ruunng obstructzon.-( 1) No person shall make a hole or cause any obstruction 111 any street, unless he previously obtams the permtss1on of the commiss1oner and complies with such cond1tions a, that officer may impose.

(2) When such petmission is granted, such pe1son shall, at ha own expense, cause such hole or oh<-tructaon to be sufficiently fenced and enclosed until the hole or obstructton is filled up or 1 emoved and ~all cause such hole or ob~truction to be sufficiently lighted during the night. 217.' Occupation of poramboke wtlhout lt':enc~.-( 1) If an~ person without the pre\-ious sanction of the counci'l occupies any land belonging to it or vested in it or under its control, he shall he bound to pay tn respect of such occupation such sums as may be demandl"d by the counctl, sub1ect to such limits as may be p1 escribed b-y wa) of penalty from time to time:

Provided that brfore demanding any sum under the sub secticm the councd shall g1ve iuch person an oppoctunity in the prescribed manner to show cause against such demand.

(2) In default of payment of any such sum the Magistrate on the requisition of the commissioner shall recover it, if necessary, by i-suing a warrant with all such powers of dlStrc-ss or sale as are vested in him by any law for the time being in force.

(3) (a) Any person unauthorisedJy occupying any land for which he is bound to pgy a penalty under sub-section (I ) in respect of such occupation . may be ittmmarily evicted by the ooauxnsaio.ner, and any crop or other product raisrd on the land shall be liable to forfeitute ,and any building or structure et ected, or anything deposited thereon, shall aho, if not removed by him after ~uch w.·,tten notice as Lhe commis- stoner may deem reason2ble. be laable to forfei ture. Forfeiture under this section, shall be adjudged by the comm1ssioner, and any property so forfeited shall be disposed of as the council ml\y direct.

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(b) Aay twlCtJon under this sub.~tion ~halt "e made in the following manner, namely :-

By setving a notice on a person reputed to br in occupation, or his agent, requirmg him, withrn such time as the comm1ssioner may dC'Clll rusonable after recetpt of the satd notice, to vacate the land, and if

• such notice IS l'lOt obeyed , by removing or deputmg a subordmate to re- move any person who may refuse to vacate the same, and if the officer removing any such person ~hall be resbtcd or obstructed by any person, the commissioner may report the fact to the Collector, and therwpon the Collector shall hold a ~urn.nary enquiry tnto the case, and if satisfied that the reslStaace or obstiUCtJon still contmues, may issue a warrant for the arrest of the said p e1 son, and, on h1s appearance, may sent him, with a warra flt , in such form as may be prescribed, for unpnsonment in the civil ja1l for such period, not exceeding thirty days, as may be necessary to ptevent the continuance of such obstruction or resistance :

I

Pro~ided that no person so committed for nnpnsonment under this section shall be liable to be prosecuted under sections 183, 186 and 188 of the l nd1an Penal Code in respect of the same facts.

218. Lictnc:e for worlc on buildings b.kely te cause ohslruclten.-If any person intends to constlUct or demolish any butlding or to alter or repair the outward part thereof, and 1f any street or footway lS hkdy to be obstructed or renden·d mconvenient by means of such work, he shall first obtain a hcence from the comm 1SSioner m that behalf and shall also-

{a) cause the said building to be fenced and guarded,

(b) sufficiently hght it during the night , and •

(c) take proper precaut1ons against accide nts during such time as the public safety or convenience requirec;.

219. Clearing of debrz.s of f allen houses etc., by ocrupaers.-If any obstru~ tion is caused m any street by the fall of trees, structures or fencel,, the owner or occupier of the premises concerned shall, w1thm twelve hours of the occurrence of such fall, or v.ithm such further period as the corrumssioner may by notice allow, clear the street of such obstructions. N.unNo OF STREETS

220. Nammg of publu 1truts.- ( I) The council shaH give names to public streets and may alter the name of any pubuc street.

(2) The commiss1oncr shall cause to be put up or painted in English and in the language of the locality on a conspicuous part of some build· ing, wall or place, at or near each end, corner or entrance the name of every public street.

(3) No person shall without lawful authomy destroy, pull down, or deface any such name or put up any name diffe1·ent from that put up by order of the commissioner. •

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NUMBERI OR BVILJtJNOS

221. Numbering of buildings.-(1) The commi~sioner may cause a number to be affixed to the side or outer door of any building or to some place at the entrance of the premises.

(2) No person shall Wtthout lawful authority destroy, pull down or deface any such number.

(3) When a number has been affixed under sub-section (1), the owner of the buildmg shall be bound to maintain '>uch number and to replace it if removed or defaced and if he fails to do so, the commis- sioner may by notice rt>quire him to replace it.

CHAPTILR X-BUILDlNG REGULATIONS

General Powers

222. Building rules.-(1) The Government may make rules-

(a) for the regulation or restriction of the use :or S1tes for bu~ld- ing, and /'

(b) for the 'regulation or restriction of building. - ----- .....

(2) Without prejudice to the generahty of the power conferred by sub-section (1 ), clause (a), rules made under that clause may provide-

(a) that no insan1tary or dangerous site shall be used for build- ing, and

(b) that no site shall be used for the construction of a buildmg intended for public worship, if the contruction of the buildmg there;:,n will wound the religious feelings of any class of persons.

(3) Wtthout prejud1ce to the .generality of the power conferred by sub-section (1), clause (b), rules made under that clause may provide for the followmg matters:-

(a) information and plans to be subrrutted together with appli- cation$ for permission to hmld ;

(b) height of buildings, whether absolute or relative to the width ofstreets ;

(c) level and Width of foundation level of lowest floor, and stability of structure ;

(d) number and }leight of storey., composing a bu1lding and beigh·t of rcoms ;

(e) provision of suffic1ent open space, external or mternal, and adequa,te means of ventilatiOn ;

(f) Provision of means of egress in case of fire ; filth;

(g) provi.)ion of seconclc1rv means of access for the removal of

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(h ) materials and methods of construction of external and party walls, roofs and floors;

( J) position, materials and methods of construction of hearths, smoke escapes, ch1mney!., stal!cases, latrino, drains, cesspools;

(j) paving ofyards,

(k) restrictions on lbe use of mflammable materials in building;

(1) in the case of wells, the dimensions of the well, the manner of enclosing it, and 1f the well JS in tended for drinktng purposes the means wh1ch shall be used to prevent pollution of the water.

223. BuiT(hng Stlt and constructzon or reconstruction of buildmgs.-No piece of land shall be used as a sate fo1 the construction of a build ing and no building shall b,. ron:,tructed or recon,rructed otherwise than in accordance with the prov.~ions of this Part a nd of any rules or bye-laws made under th1s Act tclattng to the use ofbu1lding sites or the construc- tion or reconstruction of butld1ngs:

Provided that the Gov,.rnment may, in respect of all municipalities, or with the consent of the munic1pal council in respect of any particular municipaltty or portton thereof, exempt all build1ngs or any class of buildings from all or any of the provtsions of th is Chapter or the said rut~.

2?4. Power of cowzrilto regulate future cor.struction of certaitt cl4sses of bwldings in parttcular slmts or localzties.- ( J) The council may give public notice of its mtention to declare-

( a) that m any streets or port ions of streets specified in the notice-

(i) continuous building will be allowed; (it) the elevation and construction of the frontage of all build- ings thereafter constructed or reconstructed shall, in respect of thetr archirectural features, be such a~ the council may cons1der suitable to the localit y, or

(b) that in any localities specified in the notice, the construc- tion of only detached buildmgs will be

(c) that many streets, poruons ofstreets or local•ties specified m the notice, the construction of shops, warehouses, factori~, huts or buildings of a SIJc:cified arch1tectual ch~racter or bu1ldings desi~n~d for particular uses \"til not be allowed wJthout the spectal penn.tsston of the council.

(2) No objecti ons to any .such dcc_laration shall be recetved after a period of three mon ths from the pubhcatJOn of such nortce.

(3) The council shall cons•der all objections recetved w1thin the s3 id peood and may then confirm the d ec.la• at ion, and before domg sc. may modtfy it but not so a~ to extend its effect.

(4) The commissioner shall publish any declaration !10 confirmed and it shall take effect from the date of publication.

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(5) No person shall, after the date of publication of auch declara- tion, construct or reconstruct any building in contravention of any such declaration.

225. Buildings at corner of streets.-{1) The council may require any buildjng intended to be erected at the comer of two streets to be round- ed off or splayed off to such height and to such extent otherwjse as it may deternune, and may acquire such portton of the site at the corner as it may consider necessary for public convenience or amenity.

(2) For any land so acquired the municipal council snail pay compensatton on the bas1s of the market value of the land on the date of the acqutsition.

. (3) In determining such compensation, allowance shall be made fo.r any benefit accruit g to the same premises fiom the tmprovment of the streets.

226. Prohzbtlton agomsl use of mjlammahlt maienals far buildzngs wJthout permzs.t1on.-No exteJ nal roof, veranda, pandal or wall of a buildtng shaJI be constructed or reconstructed of grass, ltaves, mats or othet inflammable matenals except w1th the permiss1on of the comtni$$ioner.

227. Prohib1tzon against coi'I.Slructing doors, ground-floor windows a11d bars so as to open outwards.-No door, gate, bat· or ground-floor window which opens on any pubhc street shaU be cortstructed or reconstructed so as to open outwards, except with the hcence of the commissioner under section 211.

Buildings other than huts

228. Applicalion to corutrucl or reconstruct building.- ( 1) If any person intends to construct or reconstruct a building other than a hut he shall send to the commissioner-

(a) an application in writing for the approval of the site, to- gether with a site pian ofthe lar.d, and

(b) an appUcation in writing for permission to execute the work together wtth a ground-plan, elevations and llectjons of the butlding and spectfica:tlon of the work .

. Explanation.-'Building' in thts sub-section shah include a wall or fence of whatever height bounding or abutting on any public street.

(2) Every document furnished under sub-section (I) shall contain such particulars and be prepared in such manner as may be required u.nder rules or bye-laws.

229. Necessity for prior !~pproval of stle.-Tbe commissioner shall not grant permtssion to construct or reconst,ruct a building unless and until he has approved of the site on an application made under s~tion 228

230. Prohibihon agaznst commencement of work without permusion.- The constructi(Jn or reconstruction of a building shall n ot be begun unleaa , and u Dtil the commis&ioner haa granted permaaion for the execution of the work ..

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Provided that the said period of thirty days shall not begin to run until the site has been approved under section 231.

233. Riference to counczl qf c-ummusroner delays grant or rifwal of approval or permission -(1) If, wnhio the period prescnbed by secti.)n 231 or sec•ioo 2J2, as the case may be, the commisioner has neither given nor refused hts a pproval of a build mg site, or his permasston to execute any work, as the case may be, the counca l shaU be bound , on. the written request of the applrcant, to determme by written order whether such approval of permbsion should be given or not.

(2) If the council does not, within one month from the receipt of such written request , determine whether such approval or permission 3hould be given or not, such approval or perm assion shall be d~med to have bfen given; and the applic-ant may proceed to execute the work, but not so a.s to contravene any of the provisioJls of this Act or any rules or bye-laws made under this Act.

234. Grounds on whtch approval qf Jite for , or lictnct I() eonJtruct or reconstrutl buzldmg, mqy he refwed-The only grounds on whtch approval o fthe site for the constructton or reconstruction of a building or permission to construct or reconstruct a building may be refused arc the fvllowing, namely:

(i) that the work or u ;e of the site for the work or any of the particulars comprt:>ed in the si te plan, grolmd/lan ~ elevations, sections or specilkation would con tri\vene some spectfie provision of any Jaw, or aome specified order_, rule, declaration or bye-law made under any•!aw; {ii) that the application for such permis~ion doeJ not contain the puticulars or is not prepared in the manner required under rule.t or bye-laws;

(iit) that any of the documents referr,.d to in section 228 have uot been signed as requ1red under rules or bye-laws;

(iv) that any information or dl)cuments required by the com· missioner under rules or by laws has or have not been duly furnished;

(v) that the streets or roads have not been made as re.:tuired \Jy section 204, or

(vi) that the proposed buildmg would be an encroachment upon Government or munictpalland.

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Whenever the commis~ioner or the council refuSr..J to approve a building site for a butlding, or to granl pe1 m1S:,ion to construct or re- construct a budding, the reasons for luch refusal shall ~ speofically stated in the order or resolution.

235. Lapse of pennimon.-If the bnstruction or recon~trucuon of any building i; not completed within the penod specified, the permis· sion shall lapse unlesa an appltcallon for exten,ton of ttme 1~ made before the expiry of the period specs.fied; and a &esh application shall be made before the work is conunued.

236. Power of commisswner to require altnatum of work.-(l) If the commissioner finds that the work-

{a) is otherw1se than in accordance with the plans or specifica· tio111 which have been approved; or

(b) contravenes any of the provisions ofthts Act or any bye-law, rule, order or declaration made thereunder, he may by nouce requue the owner of the building w1thm a period stated either-

(i) to make such allerat.ions as may be specified m the said notice with the object of bringing the work into conforrruty with the SAid plans or provisions, or .

(ii) .to show cause why such alterations should not be made.

(2) If the owner does not show cause as aforesatd, he &hall be bound to make the alterations specified m such notice.

(3) If the owner shows cause '" afore.said, the commisstoner shall by an ordeJ cancel the no rice issued under sub-sectton (I), or confirm the same subject to such-modification as he may think fit.

237. Stoppage of work endangering human life.-Notwtthstanding a ny- thing contamed in any ofth~ preceding secttons, the comtntsstoncr may at any tlme stop the construction or reconstruction of any buildi11g if in his opinion the work in progress endangers human life. Wells.

238. Applrcation of certazn sectUJILS l() w.dls.- The provistons of section 228, section 229, section 230, sectton 235, section 236 and section 237 shaH, so far as may be, apply to a well. •

Hu1s.

239. Application to construct or reconstruct huts.-(1) Every person who intends to construct or reconstruct a but shall send to the comrrusstoner-

(a) an application for penn1ssion to execute the work, and

• (b) a site-plan of the land.

(2) Every such applicaticn and plan .shall COJltain the partial}u, and be prepared in the manner required by rule or bye-law.

240. Pro}uhition aga.mst commenccntnt of work wtthout permtSStOII.-The construction o,r reconstruc1ion of a hut shall not be begun unleu and until the commissioner ~ granted permission fo• the execution of tbc work on an application sent to him under section 239.

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242 Rift renee to counczl if commissioner delays passing ortkrs. - ( I) If, within the period prescribed by section 24 J, the commissioner has ne1ther granted nor refused to grant perm1ssion to construct or recon- struct a hut, the council shall be bound, on the written request of the applicant, to determine by written order whether such permission .should be granted or not .

(2) If the council does not, within thirty days from the receipt of 11uch written request, determine whether such permission should be granted or not, such permission shall be d~med to have been granted; and the applicant may proceed to execute the work but not so as to contravene any of the provisions of thJs Att or any rules or byc:-la\o\S m&de under this Act.

243. Grounds on whi&h pmnusion to construct or rtconstruct hut mtty be refused.-( 1) The only grounds on which permission to construct or reconstruct a hut may be refused are the following, namely :-

(i) that the work or use of the site for the work would contravene some specified provi.s1on of any law or some specified order, rule, bye- Jaw or decla ration made Wlder any law ;

(ii) that the application for pcrmissJon does not contain the par· ticuJars or is not prepared in the manner required under rules or bye- laws;

(lii) that any information or plan required by the commi~sioner under rules or bye·.laws has not been duly furnished ;

(iv) that .stteets or roads have not been made as requi1ed by section 204 ; or

(v) that the proposed hut would te an encl'oachment upon Government or municipal land.

(2) Whenever the commissioner or the council refuses to grant permission to construct or reconstruct a hut, the reasons for such refu:.al 11hall be specifically stated in the order or re~lu t ion.

244. Lapse of pmnz.ssion.- If the construction or reconstrucrion of any hut is not completed within the period specified, the penrus ion shalJ lapse unless an application for extension of ume is made before tbe e&piry of the period speciJic:d ; and a fre)h application &hall be made before the work is continued. '

ExtmW WtJlls, tdtnations anti additions.

245. M aintenanu of uttrnal waU..r in rtpatr - The owner or occupi~r of any bui!ding adjoming . a P':'blic. atrcet shall keep the 'external part thereof m proper repatr, With lime-plaster or other material tO the aatilfaction of the commissioner.

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246. Applifation of protJisions to alterations and additions.-( 1) The pro- visions of d11s Chapter and of any rules or bye·laws made under this Act relating to construction and reconstrucuon of buddmgs shall also be apphcable to any alteration thereof or add,tt1on thereto :

Prov1ded that works of necessary repair which · do not affect the p01ition or dunens1on of a bu!ldtng or any room therein shall not be deemed an alteration or addJtton for the purposes of this section.

(2) If any question arises as to whether aAy addition or alteration is a necessary repa1r not affecting the posttJon or dimenston of a bUtlding or room, such question shall be referred to the counc1l whose dccbion shall be final.

Powers qf the Commrssioner·

247. Demolttzotz or alteration of hu:lding w~rk un/4wfu!ly commenced, camed on or completed.- ( 1) If the commissioner 1s ~ausfied-

(i) that the_construction or reconstruction of any building or well- ( a) has been conunenced without obtaming the permission of the commissioner or (where an appeal or reference has been made to the council) in contraventton of auy order passed by the councd; or

(b) is being carried on, or has been completed otherwtse than in accordance w1th the plans or particulars on which such permlSSJOn or order was b-o&Sed ; or

(c) is being carrted on, or has been completed in breach of any of the provisions ot th1s Act or of any rule or bye· law made under t1us Act or of any dtrection or requisttlon lawfully gtven or made under this Act or such rules or bye-laws1 or

(ii) that any alterations required by any notice issued under section 23b have not been duly made., or

(ii1) that any alteration of or addttion to any building or any other work made or don~ for any purpose mto or upon any budding has been commenced or ts betng earned on or has been completed m breach of section 246,

he may make a provisional order requiring the owner or the builder to demolish the work done, or 50 much of 1t as~ in the opinion of the commis~ioner, has been unlawfully executed or to make such alterations as may, in the opmion of the commissioner, be necessary to bnng the work mto conformity with the Act, bye-laws. 1ules, dtrection or requ15i- tton as aforesaid, or the plans and particulars on which bUCh permtssion or order was based; and may also dtrect that unttl the said order 15 com- plied wtth, the owner or bwlder 5hall refrain from proceeding with the building or well "

(2) The con.missioner shall serve a copy of the provisional order made under sub ~ctlon ( l) on the owner oi the bu1lding or well together with a nouce requ1rmg •• 1m to show cau~e wllhin a rea~onable time to be named in such not1ce why the order should not be confirmed!

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(3) If the owner fails to show cause to the satisfaction of the comrruss10ner, the comnussioner may confirm the order wtth any modi· ficatJOn he may think fit to make, and such order shall then be binding on the owner c~.nd on the failure of the owner to comply wah the order, the comDllSStoner may himself cause the butlding or part thereof, as the case may b~, to be demohsed, and the expenses of such demolition shall be recoverable from the owner.

24B. Order of stoppage of buzldmgs or work! in certam cases.-( 1) Where the erect ton of any build10g or the execution ol any work has been commellced or JS being earned on (but has not been completed ) without obtaining the permission of the commissioner or 10 contravention of any order passed by the counc1l or 10 breach of any of the provtsions of this Act or any rule or bye-law made under this Act or any lawful dtrection or reqUisition given or made under this Act or such rules or bye-laws, the commissioner may, in add ition to any other action that may be taken under this Act, by order requtre the petson at whose instance the buildmg or the work has been commenced or is bcmg carried on to stop tile same forthwith .

(2) If such order JS not complied with forthwtth, the commissioner may requtre any police officer to remove )uch person and all h is a..sist· ants and workmen from the premtses Wtthin such ttme as may be specified in the reqmsit10n, and !>UCh pohce officer shall comply with the requisition accordingly.

(3) Aftr.r the requisition und~r sub-section (2) has been complied with the commiss10ner ma)', if he thmks fit, depute by a written order a police officer or a munic1pal officer or other mumc1pal employee to watch the premises in order to ensure that the erection of the building or the execution of the work is not continued.

(4} Where a police officer or a municipal officer or other municipal employee has be~n deputed under sub-section (3) to watch the p~mi~ the cost of such deputation shall be paid by the person at whose instance such erection or execu tion is being contmued or to whom nottce under sub-section (I) was given, and shall be recoverable from such penon as an arrear of tax under this Act.

Exemption

249. Exemptions-( 1) Any buildmg constructed and used, or inten- ded to be constructed and used, exclus1vely for the purposes of a plant· house, meter-hou~, ~ummer-house (nor being a dwelling house), poultry-house or aviary, shall be exempted f10m the prov1sions of th1s Chapte1 other than sechon 227, provided the buildmg be wholly deta• ched from . and situated at a distanc~ of at least ten feet from, the nearest adjacent building.

(2) The comm.issioner may grant pemussion at hts discretion on such terms as he may decjde in each case to erect for a specified period temporary huts or sheds for stabling, fot walching cn>ps, for srormg tools or materials, or for other simtlar purposes On expiry of the pertod specified, the commissioner may by notice require the owner of such hut or shed to demoli:ih it.

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250. Prtcauttons in cast of dangerous structures.--( I) If any structure be deemed by the commiSl>ioner to be in a ru1nous state and dangerous to the pas~rs by or to the occupiers of neghbouring structutes, the commis:,ioner may by notice require the owner or occup1er to fence off, take down, secure or repair such structure so as to prevent any danger therefrom.

(2) If imrrediate action i) nece!>sary, the commissioner shall him· self, before gtving such notice or before the period of such notice expires, fence off, take down secure or repair such structure or fence off a part of any street or take such temporary measures as he think~ fit to prevent danger, and tbe cost of doing so shall be rocoverable from the owner or occupier in the manner provided in section 386.

(3) If in the opinion of the commissioner the said structure is im· minently dangerous to the mm-ltes thereof, the commissionet shall order the immediate evacuation thereof, and any person disobeymg may be removed by any pohce officer.

~5 1. Precautions in cast of dangerous trus.-(1 ~ If any tree or any branch of a tree or the frutt of any tree be deemed by the commi..sioner to be likely to fall and thereby endanger any person or anv structure, the commissioner may by notice require the owner of th~ said tree to !>tCure, lop or cut down the satd tree so as to prev~nt any danger *herefrom.

(2) If immediate action is necessary, the commissioner shall him· self, before gtving so,~ch notice Qr before the period of such nottce expires, )tture, lop or cut down the said tree or remove the fruit thereof or fence off a part of any street or take such other temporary measures as he thinks ,fit to prevent danger, and the cost of so doing shall be recoverable .&om the owner of the tree in the manner provided in secuon 386.

252. Precautions tn case of dangerous tanks, wells, holes, ric-( 1) If any tank, pond, well, hole, stream, dam, bank or other place appears to the commissi'>ner to be for want ofsufficient repair, protection or enclo')ure d.mgerous to the passers by or to persons living in the neighbourhood the commissioner may by notice require the owner to fill in, remove, repair, protect or enclose the same so as to prevent any 'danger, therefrom.

(2) If immediate action ts necessa1 y, he shall, before giving such nottce or before the period of notice expires , himself take tach temporary measures as he thmks fit to prevent danger, ar.d the cost of domg so sh.tll be recoverable from the owner in the manner provided in section

386.

253. Power to stop dangerous quarrying.-lf in the opiruon of the commissioner the wo;-king ofany quarry or the removcll of stone earth or other material from any place is dangerous to persons residing in or having legal access to the neighbourhood thereof or creates or is

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likely to create a nuisance, the comrruss1oner may require the owner or person having control of the said quarry or place to discontinue working the same or to discontinue removing stone, earth or other material from such place or to take such order with such quarry or place as he shall deem necessary for the purpose of preventing danger or of abating the nUlsancc armng or hkely to arise therefrom.

254. Precautions agcustjzre.-(1) The commissioner may by notice requ1re the owner of . any structure, booth or tent partly or entirely composed of, or having any external roof, veranda, panda! or wall partly or entirJy composed of cloth, grass, leaves. mats, or other highly inflammable mater1als to remove or alter such tent, booth, structure, roof, veranda, panda,! or "'all, or may grant h1m permission to retain the same on such conditions as the commi$Sioner may thtnk necessary to prevent danger from fire.

(2) The commissioner may by notice require any person using any place for the storage for pnva te use of timber, firewood, or other com- bustible th ings to take special steps to guard against danger from •fire.

(3) Where the commissioner is of opinion that the means of egress from any building are insufficient to allow of safe exit 10 the event of fire, he may, with the sanction of the council, by notice require the owner or occup1er of the building to alter or reconstruct any staJrcase in such manner or to pnv1de such add1tsonal or emergency staircases as he may d1rect; and when any buildmg, booth or tent is used for pur- poses or public entertamment, he may require, subject to such sanction as af:>resaid that it shall be provided wtth an adequate number of clearly indicated ex1ts so p laced and maintained as readily to aford the audience ample means of safe egress, thnt the seating be so arranged as not to interfere w,th free access to the exits and that gangways, passages and stairca.ses leadmg to the exits shall during the presence of the public be kept clear of obstructions.

Control over wallrs, etc.

255. Prohibuitm of construe lion of wells, tanks, etc. without tht permissioTt of the commustontr.-( I) No new well, tank, pond, cistern, fountain or the like shall be dug or constructed without the permission of the com- missloner.

(2) The commissioner may grant permission subject to such con· ditions as he may deem necessary, or may, for reasons to be recorded by him, refuse it. ·

(3) lfal\y such work is begun or completed without such pecmis. sion, the commissioner may e1ther -

(a) by notice require the ow11er or other person who h~ done such work to fill up or demolish such work in such manner as the com· nussioner shall direct, or

(b) grant permission to retain such work, but such permission shall not exempt ;)uch owner fs om proceedings for contravening the provisions of sub-sections ( 1 ).

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(a) any poel, ditch, tank~ well;' pond, bog,' swamp, quarry hole, dram , cess pool, watercourse dr any collection of water ; or

(b) any land on wh1cll water may at any ~me accumulate, 11 or is likely to become a breeding place of mosquitoes or in' any other tespect a nuisance, the commisstOner may by notice rt quire the owner 01' person having COntrol thereof to fiJI up, cover over, weed and stock w1th larv1cidal fish, petrolize, drain or dram off the same'in such manner and with •such matericils as the commissioner shall direct of to take such order with the same for removing or abating the nuisance as · the ~com- missioner shall direct.

(2) If a person on whom a requisition is made under sub-section ( 1) to fill up, cover over, or drain off a well , delivers to the commis- sioner w1thtn the time <;pecifi.ed for compliance therewith written ob· jections to such requistlton, the commiss1oner l>hall report such object1on to the council, and shall make further inqmry ·into tl:e case, and 'he shall not mstitute any prosecution for fatlure to comply with such re· qu isition except with the approval of the council , but the commissioner may neverthele')S, 1f he deems the execution of the work called for by such requisition to be ofutgent importance , proceed in accordance with section 381 and, pending the council's disposal of the question whether the said well shall be pennanentJ y fiUed up, covered over or otherw1se dealt with may cause such well to be secw ·ely covered over so as to pre-

• vent the · ingress of mosquitoes and in every such case the commissioner shall d-etermine with the approval of the council whether the expenses of any work already done as aforesaid sliall be paid by such owner, or l:,y the commissioner out of the municipal fund or shall be sh

25 7. Regulation or prohrbilzon of certain ki"ds of cultivatio11.-The council on the 1eport of the D1rector of Health Services, the health officer or the local medical officer appointed by the Government tha t the cu1tiva- t}on of ~ny description cf crop or the use of any kind of manure or the in igation of any land in·any place within the lim1ts of the municipality is injurious to the public health may, with the previous sanction of-the Government, by public notice regulate or proh1bit the cultivation, use of manure or 1rrigat10n· so reporte-d to be injurious :

Provided that when such cultivation or irrigation has been practjsed during the five yea1s pretedmg the da te ofs·uch· publtc not tce W1th-1uch cont inuity as the ordjnary course of husband1 y admits of, compensation $hall be paid from the mumcipal fund to all persons interested for any damage caused to them by absolute prohtbition.

258. CJea11smg of rnsanitary private tank or well used f or drinkwg.-

(1) The comrr.issioner may by nottce requue the owner of OT person havmg conhol over any private water course, spring, tank, "'ell or o r her place, the \\ater of which is used for 'drinkin~, bathin~ or wa:J>hing ·clothes, to keep the same in good repair and to cleanse tt of silt, tefuc;e or vcgelation and to protect it from pollution by surface drainage in such manner as the commissioner may thinla fit,

34/4095

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(2) If the water of any place which 1s used for drinking. bathing or washing clothes, as the case may be, is proved to the satisf¥letion of the commtss1oner to be unfit for the purpose, the commi~ioner may by notice require the owner or person having control thereof to-

(a) refi·am from usmg or permittmg the use of such water, or

(b) close or fill up such place or enclose 1t with a substantial wall or fence.

259. Duty of coutmt VI rtspect of publzc well or receptade of stagmml water.-The council shall maintain in a clean conditton all wells, tanks and reservoirs which are not private property, and may fill them up or drain them when it appears necessary to do so.

260. Publzc wells, .etc., opm to a/l.-All such wells, tanks and reservoirs when mamtamed by the council shall be open to use a.td enjoyment by all members of the public.

261. Prolubrttlm agmnsl or regulatzon of washing ammals or clothes 01 fzshing or dnnking m publzc water courses, tanks, etc.-The council may • in the mterests of the public health, regulate or prohibit the wac;hmg of animals, clothes or other things or fishing in any pubhc spring, tank, well, public water course or part thereof within the mumcipahty and may set apart any such place for drinking or for bathmg or for washing clothes or animals, cespecth ely, or for any other specified purpose.

262. Provuio11 of public waslz·houscs.-( I) The council may construct. or provide and maintain public wash-houses or places for the washmg of clothes, and may require the payment of such rents and fees for the use of any such wash-house or place as it may determine.

(2) The council may farm out the collection of such rents and fees for any penod not exceeding three years at a time on such terms and condit10ns as 1t may think fit.

{3) If a sufficient number of pubhc wash-houses or places be not mainta!ned under ~u b-section (I), the councll may without making any charge therefor appomt SUitable places for the exercise by washer-men of theu calling. ·

263. Prohib:tlon agomst washwg by washermen at unauthorised plaus.-( 1) The council may by pubhc notice prohib1t the washing of clothes by washermen in the exercise of their calling, within the municipaltty, except at-

(a) public wash hou<;cs 01 places maintained or provided under section 262, or

(b) such other places as it may appoint for the purpose.

(2) When any such prohibition has heen made, no person who 1s by callmg a washerman shall, m contravention of such prohibition, wash clothes, except for himself or for personal and family service or for

106

hi.r eon and withm the premises of the hirer at any place within muni- Cipal hm1ts other than a public wash house or pl.1ce mdintained or c1ppointed under this Act

264. Prohtbztto11 agaznsl defiltng water of tanks, etc., whether public or pnuate.-It shall not be lawful for any person to-

(a) bathe in or many manner defile the water m any place set 4part by the council or by the owner thereof for drinking purposes; or

(b) deposit any offensive or deleterious matter in the dry bed of c:lllY place set apart a'i aforesaid for drinking purposes; or

(c) wash clothes m a~y place set apart as aforesaid for drinking or bathing; or

(d) Na

(eJ cause or suffer to drain mto or upon any place set apart as aforesaid f01 drinking, bathing or washing clothes or cause or suffer anythmg to be b10ught thereinto or do anything whereby the watet may be fouled or corrupted.

Control over aban®ned lands, untrzmmtd hedges, etc.

265. Untmanted butldmgs or «inds.-lfany building or land, by reason of abandonment, disputed ownership or other cause remains untenant- ed, and thereby becomes a resort of ldle and disorderly persons or 1f, m the opmion of the comtnissioner. becomes a nuisance, the commis· sioner may after due mquiry by notice tequire the owner or person claiming to be the owner to secure, enclose, clear or cleanse the same.

266. Removal of filth or noxrous or wzld vegetatton.-The comnussioner may by notice requtre the owner or occupier of any building or land which appears to htm to be m a filthy or unwholesome state, or over- grown with any thick, noxious or w1ld vegetation, trees or under-growth mjurious to health or offensive to the neighbourhood, to clear, cleanse or otherwise put the land m proper state or to clear away and remove such vegetation, trees or under-growth w.ithin twenty-four hours or such longer period and m_ such manner as may be specified in the notice • .

267. Securing trees adjacent to house or well.-If any tree or branch of any tree appears to the comm11>sioner to be hkely to be a nursance to the adjacent house or wells or tanks, the commissioner may by not1ce require the owner of the said tree to chop, secure or cut down the said tree so as to prevent the nuisance thet efrom.

268. Fencmg of builduzgs or lands and prumng of hedges and trees.-The comm•ssxoner may by not1ce require the owner or occupier of any bu1lding or land near a public street to-

(a) fence the same to the satisfaction of the commissioner; or

107

(c) cut and tri.m any hedges or trees overhanging the said street and ob~tructmg 1t or the Vtew.of traffic or causmg tt damage; or

(d) lower an enclosmg wall or fence which by reason of its height and situatJon obstructs the_ view of the traffic so as to cause danger.

269. Commzsszoner to act in difault.-1[ any person fails to comply with a requis1txon made by the commiss1oner under. section 265, 266, 267 or 268, the comuuss10ner may htm~elf do the act oc carry out the work, an~ the exp~ns~ thereby mcurred shall be recoverable from such pcr110u.

Control over tn.sanitary bUJLdmgs

t:r 21q. Lune-washing ant! cleaJl.smg of buildmgs.-The commissio!Jer, if it~ appeals to h1m necess:uy for samtary purposes so to do, may by nottce 1equ•re the owner or occup1er ofany buildtng to hme-wash or other- w,se.cle~s~ the butlding mside and outside in the manner and within a 2enod to be specified m the notice.

27l. Fwther pfJwers wllh riferenu to insamta') bulldulgs.- (1) Whel)ever tre conunisstoneJ· conslrlers-

(a) that any bwlding or portion thereof is, by reason of its havmg no phnth, or havmg a plinth of msufftcient heaght, or by reason of the want of.proper d1a1nage or venttlatton. or by aeason of tmpractJcab•lity of cleansang attended with danger of dLSease to the occupiet·s thereof or to the mhabt.tants of the netghbourhood, 01 ts, for any reason, likely to endanger the pubhc health or safety; or

(b)that a bl~k,or group ofbuildmgs is, for: any of Y1e said reasons, 01 by reason of the manner in wh1ch the buildings are crowded together a ttended with such usk as aforesatd,-

be may by not1ce require the owners 01 occup1ers of such buildings or P•>• taons of bualdings or, at hts optaon, the _owners of the land occup1ed by !.uch bualdmgs, or port•on of bualdmgs to execute such wotlcs or to take such measures as he may deem necessary for the prevention of such da~~er.

(2) _N~ petSC?!l ~!L ~e .entttJed.to compensatton for ·damage\ sus .. tained by reason of any action taken under or in pursuance _of this secl1on save when a buildmg is demolished in pursuance of an order ma-de hereunder, or so far demolished as to reqwre reconstruction m,~hich cases the municipal council shall make compensation to the owne~ thereof: ,

(3) When any bu1lding JS entJrely demolished under thts section and .the derpoht•?n thereof adds to the value-of other butldings 1 n the amm~d1ate vtcJru1y, the owners. of such other buildings shall be bound to contnbute towatds the compensatton pa)able to the owner of the first named buud1ng ~n propo~t1on to the mcre~ed value acquired by their own proper ty.

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(4) When·any building is so far demohshed undet .this section as to requll'e reconstruction, allowance shall be made in deternut'ling the com· pensation for the benefit accruing to the premues from the Improve- ment thereof . .

272. Bu1ldwgs unfl.tjor human habttatton.- (1) If any bu1ldtng or por- tion thereof mtended for or used as a dwellmg place .tppeaJs to tht> comnuss10nea to be unfit for human hab1tat1on, he may apply to tile council to prohtbtt the further use of such sta-ucture fm such purpose; and the council may, aftet gtvmg the owner, and occupie1 s of the stt uc· ture a 1 easonable opportumty of showing cause why 'luch ordet ')hould not be made, make a prohibitory ordeJ: as aforesatd.

(2) When any such prohtbitot y order has been made, the commJ~· s1oner shall communicate the puz pot t thereof to the owner and occu- piers of the structure and on exptry of such peuod as IS specified m the notice, not bemg Jess than tlurty days after the serv1ce of the notice, 1iO owner or occupter of such structure shall use or suffer tt to be used foz hwnan habJtatJon unhl the commisstonea certifies m wntmg that the causes rendcnng Jt unfit for human habttat10n have been removed to his satisfactton, or the council w1thdraws the prohtbi tlon . .

(3) When such proh1btto1 y order has temamed m operat10n foz three months, the comnussioner shall report the . case to the councH, which shall thereupon constdcr whether the structure should not be demoli!>hed. The council shall gtvc the owner not less than thtrty days notice of the tJme and place at whach the questton WJll be considered, and the ownc1 shall be entllled to be heard when the question ts taken into considcratton.

( 4) If upon such consrderation the counctl rs of opinion that the structure has not been rendered fit fo1 human habitation. and that btep~ are not betng taken w1th due dthgence to render it so fit and that the conttDuance of the structure IS a nu1sance or dangerous 01 mjunous to the health of the pubhc or to the tnhabitants of the neJghbourhood, tt shall .record a decJSion to that,effect with t.he grounds of the decision, and the commiss10ner shall m pursuance of the said dec1sJon by nottce requ..Ce the owner to demoliSh the structure.

(5) If the ow11er undertakes to execute forthwith the works neces- _ sary to rendet the stmctu1 e fit for human habitation and the commis- sioner considers that it can be so made fit, the commissioner may post· pone the execution of the deciston• of ·the. councll for ~uch ttme not exceeqmg six months as he thinks suffident ,for the purpose of gtvmg the owner an oppot tun.ity of executing the necec;sary works.

273. Abatement of ouercrowdtng ttt dwellmg-hou.rc or dwelllJlg-place.-( 1) If it appcMS to the commi~10ner that any dwelling hou~ or other bu1ld· ing which 1s used as a dwelhng·place, or any Joom an such dwelling· house 01 butldings IS so overcrowded as to endanger the health of the inmates thereol, he may apply to a MaglSUate to abate such over- crowding; and the Magistrate, after such inquiry as he thinks fit to make.

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S60

may, by written order, require the owner of the building or room, within a reasonable time not exceeding four weeks to be ~pecified in the scud order, to abate such overcrowding by •·educing the number of lodgers, tenants or other inmates of the bu1ldmg or room, or may pass such other orde~ as he may deem just and proper.

(2) The council rna}, by written order, declare what amount of superficial and cubic space :.Jtall be deemed for the purposes of sub· ~ectton (I) to be nec~ry fo1 each occupant of a budding or room.

(3) If any building 'or room reJerred to m ~ub-sect10n ( 1) has been sublet , the land·lord ofth<" lodgers, tenanu, 01 oth(r actual inmates of the aame shall, for the purposes of this section, be deemed to be the owner of the building or room;

(4) It shall be incumbent on every tenant, lodger or other inmate of a building or toom to vacate on bf'mg requm!d l)y the owner so to do, in pursuance of any requis1tion made under sub-section ( I). Control over urtau1 ammals

~74. Prolatbtttoll agauzst fttdlllg certarn amm4ls 0,1 fiitlr.-No person sna.ll teed or pennit any anl.Dlal, which is kept for dairy purpose or may be used for food, to be led on filth.

275. Prohibition agamst kteprng animal so as to be a t~utsall.&e or dangerous.-No person shall keep any animal on his pr(mises so as to be a nuisance or so as to be dangerous.

276. Power lo dupose of stray prgs and dogs.-The councll may and, lf so drrected by the D1strict Mag1strate, shall give pubhc notice that unlicensed pigs or dogs straying Within spec1fied ltmits will be disposed of in such manner as may be specified m the notice. Gemral

277 . Power of commtssumer to use or selL rnaleruzls of dangerous structure taken dow11, etc., and procedure when there is 110 owner or occuprer.-(1) When the commis~ioner takes down any strueture or part thereof or cuts down any tree or hedge 01 shruh or part thereof or removes any fruit in v1rtue of his powers under this Chapter, the commiss1oner may sell the Illaterials or things t.lken down, cut down or removed, and apply the proceeds in or towards payment of the expenses tocurred.

(2) If after reasonable tnqUt.ry it appears to the commissioner tha t there is no owner or occupier to whom nohce can be given under any section in this Chapter . he may himself take such order wtth the pro- perty mentioned in such sect1on as may appea.L to him to be necessary and may recover the expense incurred by the saJe of such property (not being land) or of any portion thereo(

(3) The commissiOner m ay autborue any officer to 1e1ze any .animd found straymg in public roads and streets, whether hcen~ed or not, cau:>ing obstrucuon to traffic or inConvenience to public and may dispose of the am.mal m the same manner provided for the dtsposal of impounded cattle under the Cattle Trespass Act for· the time being ill force:

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Provided that the commiS!>loner may, if he deems fit, summarily recover a fine not <-..xceeding two rupees for any animal seized, as a condition for release.

278 Ltmttatum of conrpensallon.- No person shall be entitled save as provided m sections 256, 257 and 271 to compensation for any damag.es sustained by reason of any action taken by the municipal authorities m pur:,uance of their powers under this Chapter.

CHAPTER XII-LIC~NCES A!';D FEES

General provzszons as to liten ces

279. Exemption of Govemme11t from takang out licence.-Nothing 1n this Chapter shall be consuued as requiting the State Government or the Central Governme,lt to take out a hcence m respect of any place in the occupation or under the control of or any property belonging to such Government.

280. C01ulttions precedeut to gratzt or renewal of hcence.-Nctwithstandmg anythmg contained in this A<-t or any other law, the commissioner may refuse to grant m renew a licence under the provisions of this Act or any other Act wruch authorises hlm to lS.!>Ue a licence, If the person applying for the llcence has made default 1n the payment of any dues by way of taxes or fees payable by him to the mumcipal council, provided the commissioner rna y, if he deems fit, grant or renew the licence for a period not exceedmg two months, on at1sfactory guarantee for the payment within the penod.

Keepzng of ammals

281. Ltcences fo1 places zn wluch ammals are kept.-(1) The owne1 or occupier of any 1table, veterinary infirmary, stand, shed, yatd 01 othe1 place m wluch quadrupeds are kept or taken in for purpo~es of p10fit, shall m the first month of every year, or m the ca.,e of a place to be newly opened, within one month before the opening of such place, apply to the commissJoner for a hcence fm the use of the same for an~ such purpose of profit. •

(2) The commiss1oner may, by an order and under such restnctlons and regulat1ons as he thinks fit, grant or refuse to grant such licence.

(3) No person .shaU without or othcfwise than in conformity with a licence use an.y place for such a purpose.

282. Gm~rai power of r.on.t1ol over stable., cattle sheds and cow houses.- (l ) All stabks, cattle !>hed<; and cow-houses shall be under the su1 vey and cont10l of the commisstonet as Iegards their site, construction, materials and dimenston!>.

(2) The comrmss10ne1 may by nohce reqmre th~t any sta?le, cattle- shed or cow-house be altered, paved, dtamed, repaued, dtsmfected or kept m such a state as to adm1t of 11.!> bemg suffictently cleaned or be supplied with water, or be connected with a sewQ" or be demohshed.

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(~) Every such notice shall be addressed to the owner of the build· mg or l

(4) The expense of executing any work 1n pursuance of any such- notice shall be borne by the said owner.

283. Power to direct dLSconi!Tiuance of use of htnl.duzg as stnhlc, cattLe shed or cow-house.-lf any stable, cattle shed or cow-house ts not constructed or matntained m the manner required by 01 under thts Act, the com· m1ssioner may by notice d1rect that the same shall no longer be used as a stable, cattle shed or cow-house. Every such nottce shall state the grounds on which it proceeds.

lndrlSirtes and Factones

284. Pruposn for wluch places may not he used Wtlhovt ltcmce.-( 1) The council may publish a not1ficatton in the Gazette and by beat of drum that no place w1thin mun1cipal limits shall be used for anr one or more of the purposes spec1fied in Schedule III .. ,-ithout the f1Ce(tce of the com- missioner and except in accordance with the conditions spec1fied therein .md where the licence is for keeping hostels, r~taurants , eating houses, coffee l,ouo;es, laundnes or running barber saloons the ltcc.1ce issued by the comm1~stone1 shall always contain and be deemed to contain a conditiOn that admission or sen·ice therein o;ha11 be avatlable to any member ofthe pubhc:

Prov1dcd that no such notification !.hall take effect until ~axty days from the date ofpu.bhcatton.

(2) The owner or occup1e1 of every such place shall w1thin thirty days of the publication of o;uch nottfication apply to the commissjoner for a licence for the use of such place for such pm pose.

(3) The commissioner may, by an 01der and under such restrictions and re~ulati0ns as he thinks fit, g-rant or, in the interest of the public, refuse to grant such licence.

(4) Bvery such licence shall expire a t the end of the yea1 unless for special reason'i the commtssioner considers 1t should expire at an earlier date, when it shall expire at such eatlier date as ·may be specified therein. •

(5) Applica~ions for renewal ofsuch licences shall be made not less than thirty days before the end of every year and applicahons for licences for places to be ne\vly opened shall be made not less than thirty days before they are opened.

285. Applzcatrotz /{) be made for cottstructloll establtshmmt or mstallation of factory workshop or workplace w whtth Jleam m olkcr po~ if /fJ be fmployed.-

(1) E'·cry person intending.- ( a) to construct oa establtsh any factory, worlrshop 01 wo1kplace 10 whtch 1t 1s proposed to employ steam-power, water-power or other mechantcal power or electrical power, or any other das~ of factories· as may be prescribed, which do not employ any such power, 01 '

(b) to wstall 1n any prem1ses· any maclunery or manufdcturing plant dnven by steam, wate1 or other power Ch afore!Wlirf, not bemg machtncry or manufactur ing planr exm1pted by rules. shall before beginning such construction, establishment or installa tion , make an

112

(2) The application shall specify the maximum number of workers proposed ,to be employed on any day m the factory, workshop, or workplace or prem1ses and shall be accompained by-

(i) a plan of the factory, workshop, work-place or premises pte- pared in such m£nnet as may be ptescnbed by rules made m this behalf by the Government, and

(ii) such particulars as to the power, maclanery, plant or pre· mises as the mumcipal council may require by bye-laws made in thic; behalf.

(3) The municipal councll shall, as soon as may be after the receipt of the apphcation,-

(a) grant the permission applied for either absolutely or subject to such conditions as tt thinks fit to impose; or

(b) refuse permi~sion,if tt is of opinion that sucll construction, establishmenr or in'>tallation is objecttcmable by rea~on of th'e density of the population in the neighbourhood or that it ts likely' to cause a nui~nce.

(4) Before grantmg permission l.inder suo-section (3), the municipal council-

( a) shall , if more th'an nine workers are proposed to he employed on any day in the factory, workshop, workplace or premises, obtain the approval of the Inspector of Factortes appotnted under the Facto'ries Act, 1948, havmg juri~diction in the arei\ of the municipaJtty, or if there 1S more than one such Inspector of the I nspector designated by the Government in this behalf by general or spec1al order, a regards the plan of the factory , workshop, workplace or premises with reference to-

(i) the adequacy of the provision for ventilation and lJght,•

(ii) the suffictency of tlie height and dimensions of the rooms and doors,

(iii) the suitability of the e.Xits to be used m case of fire, and

(iv) such o ther matters as may be pre~cnbed by rules made b:

the Government; and

(b) !.hall consult and have due regard to the opinion of tht municipal health officer where the muni.cipaJ council employs sucl an officer and of the du.t11ct medtcal _officer in other cases, as regard the sultabiltty of the l>i te of tbe factory, wodt:.hop. workplace or pre mises for the purpose specified m the application. .

(5) More than nine workers shall not be employed on any day ir. any factory, work<:hop, workplace or premises unless the penruss1or granted in respect thereofunder suh~!o:t:Ction (3) authonses SUCh employ ment, or unless fresh permiss10n authorismg such employment bas been obtained from ' the mumcipal council. Before granting such fresh per· m ission the council shall obtain the approval of the Inspector 01 Factones referred to m clause (a) of sub-~ection (4) as regards the pla·n of the factory, workshop, workplace or premises , .. ith reference to th'(· matters specified in that clause.

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(6) The grant of penn iss ion 1111dcr this section-

(a) shall, in regard to the rep!dcement of machinery, the levy of fees, the conditions to be observed and the like, be subject to such restrictions and control a s may be prescni.Jed; and

(b) shall not be deemed to dispense with the necessity for compliance with the provisions of sections 228 and 230 or sections 239 and 240, as the case may be.

Expla1Ultion.-The word crworker" in sub-sections (2) , (4) and (5) shall in relatton to any factory, workshop, workplace or premises have the same meaning as in the Factories Act, 19-!8.

286. Counctl may issue dtrtctionfor abaument of nutSance caused by sflam or other power.- ( I) If, in any factory, workshop or workplace in which steam power, water power or other mechanical power or electrical power is used, nuisance IS in the opinion of the munietpal council caused by reason of particular kind of fuel employed or by reason of the noise or vtbratton created, the municipal council may issue such directions as it thinks fit for the abatement of the nuisance within a reasooable time to be specifiod for the pu1 pose.

(2) If there has been wilful default in carrying out ~uch directions or ifabatement is found impractH:able, the municipal coWtcil may-

(a) prohibit the use of the particular kind of fuel employed, or

(b) restrict the noise or vibration by prohibitmg the working of the factory, workshop or wotkplace between the hours of9.30 p.m. and

5.30 a.m.

287. Powtr of tht Government to jJOJJ orders or gwe dtreetums liJ rtvun~tpal cow1czl.-The Governmert may, either generally or, aner consulting the nlumctpal counctl many particular case, make such order or give such directtons as they may deem fit in respect of any act ion taken or om1 tted to be 1aken under ~ection 285 or section 286.

288. The Commissioner may enter any fact-( I ) The Commtssioner or any person authorised by him in this behalf may enter any factory or workshop or workplace-

'l tll1'f I , II ~" t ! o• l ol P£NALT fP..S¹¹⁰U I • \ I ' l 'l ' 'l .. ) 'II r, ·• ~ "' ' • I ' . lrt,l 1 ' : · 1 • • • tgatdrn{ penallt~s " sftt~f;ed 1 rh lite'.> Sch~dule ._ (1} ¹Wh(/e,er !:.. •'• · l "i • • I 1 ', 11 0 '¹·· ·. !,·1 n•, ,q .,, . : ' ,JIJ "' J " ( • I I 'w o ltf( 'l ll ~ ~ f J I• :JI !.l

. ,, (a) , contqwepe~ . ~nY •. ptov!saon of ~a.ny ~~ t~e

1

,~~~f·o~s, Rr rule ,Sj>eCI ~~d 1,':1- ~he flr~,~ ,Gpl\l;ffin,of~C,'J;iCd~le V, ? 1'_, J l ,

1

, ' " "' · , •

1 , , , , ,

(b) con travenes any rule or order mad e ,.under any of,the,~pec • - fied sections or rule, or

' , . '•'' \ \ ' 1\ ~ ,. ,, ' •t .. •\ '\ \ r \ , .,,~ ,. , ,

• 1 I • (c), fa1ls to comp}y w1th any, d1~ecJ '~~ ~ r.'-:"fu_lly giv~',1

1

~oJiun or any req ~usuion. la~fully made 1

\:l~~~ .. hi~ .~n~er ?! !~ . P.~su~.~cs of ~~e ' prov&sionsqfany of thesa•dsectaomoJ rule, 1 • • ,, ,o · ~ shaii'on convict ion bc .:p~nJ <;hc~ ; OWllh fine \vhich ~y exten'd 'tti the

. ~mount m enuoned in that obl'llcll f m 'the.' fouth' cplumn of 'ihe ~Ci id J • I t t l ~~ I I (. f ; t I t # I I t t • • J o I

~h~~}lle. ' ' ,, • .. r ' ., . ·,n • ',. , ,, ~·, J.." • r: • !•·•' ··t~'l ., (?) Whocver 1 ~tcr. havmg 1 ~CCI},• con;-r.s~t~9. Ql-;- J1 '• 1 •• ,;,cfm..,0 1 ., I (a) contravcnmg any provtsJons of,the ~a secnons or rule specified

1 0 the first column ol Sch.eddc VI or . · ~.• n . ,; , · '<• u~ • -~"' . < (b) conu'avening any nile 9r order made u.ndertany 'of th€ spect-

, fied~eCt1ons- or. rule , or cu! • '\oll. t r'l • , ,, • • .•r 111 .. ' I · ' ~" q ru • .,1 • • •

I VI

0

1 • I • 1 l1 1 l. :Jif 1 lifl ) 1 I 11 t; OJII • • I')IOJ t :l1'l I ' 1 l

1

374

(c) fa1lsng to comply w1th any dtrection lawfully given to him or any requisttion lawfully made upon him under or in pursuance of any of the said sections or rule,

contmucs to contravene tile sa1d p1 ovis10n or to n eglect to comply wtth the said d1rectwn or requisttion, a'> the case may be, shall on con- vi<.tlOn be pun1shed for each day after the prev•ous date of convicwm dunng which he continues so to offend, w1th fine wh1ch may extend to the amoum mentJOned 111 that b~half in the fourth column of the '

Explanalloll .-- The entries in the thtrd column of Schedule V and VI headed 'Subject' are not 1ntended a~ defimtions of the offences described in the sections, sub·secuons , or clause~ mentioned m the first and second columns or even as abstracts of those ~ectiom, sub-sect1om or clauses but are inserted merely ~ references 60 the subject of the sections, sub-sectiOns 0 1 clauses, as the case may be.

156. Penalty far aclzng as c:ouncJllor, chairman or vzce-chanman when dr.squalrfud -( 1) Whoever acts as a member of a municipal counc1l knowing that under thts Act or th~": rules made thet cunder he is not entitled or has ceased to be entitled to hold such office shall on eonvlc- tion be pumsbrd w11h fine not exceeding two hundred rupees for every such offence.

(2) Whoc-ver acts as or exeroses the funcJtons of the d~a1rman or vice-chairman of a munic1pal counct1 knowmg that under th1s A.ct or . the rul("s made thereunder he is not entt tled or bas ceased to be entttled to hold -.uch office or to exercise such functions shall, on convtction be puni~hed with fine not cxceedmg one thousa nd rupees fol' every such offence.

(3) If the chairm-\n or' icc-chairman of a munic1paJ .counc1l fa1ls to hand over charge of h1:. office or any documents of, or any moneys or other propel ties vested m, or be1Mgmg to the mumc1pal council which are in 01 have come m to hts possession or conti ol , to his l!Uccessor 10 office or other prcscr1bed authority, in e\cry czse a'! ~on as lw term of office as chatrm.an or vtce-chairman expires and in the case of the vice-chairman also on demand by the chairman, :.uch chatrman or vtce-cha1rman ~hall, on conviction, be pun1shed with fine not cxceedmg one thou:saud rupee[. for every such offence.

35 7. Penalty for acquzsitzo11 by mwuctpal o.ffiar of mtercst i11 contract or wiirk.-If any munic1pal officer or sen ant knowmgly acqmres, direct!}' or mdirectly, by h1mself or by a partner or employer or servant, any per~onal share or interest 1n any conuact or emplo~rment wtth) by, cr on bt>haJf of, the mun.IClpal counul, he ~hall be deemed to have com- mitted an offence undfr sectlon 168 of th(" J ndian Penal Code :

Prov1ded that no person shall , by reason of bemg a shareholder in , or member of, any company, be held to be llltere!>ted m any contract entered into between such company and the council, unless he 10: a director of such company :

Prov1dcd further that nothing in th1s !:.ectJon shall apply to ..t teacher employed by a mun tcipal counctl who, w1th the sanctiOn of the Government, enters mto a contract with the muntctpal eo .tncil wlth

I

I

l ' ~

I

)

I

134

' egard to the utilisatton for the purpose of a school of any land or bu1ldmg owned by him or in which he has a share or Interest. ' 358. Pmalty for omunon to take out ttwut for a11imals -( I) Every owner or person in charge of any a.n'mal hable to tax under sect ion 118, who omtts to obtain a hcence, shall on convict1on be punished wah fine not exceedtng fifty rupees and !>hall al:.o pay the arnoun t of the tax payable by him m respect of such animal.

(2) On payment of such fine and tax and of such costs 33 may be awarded, such owner or person shall receive a hcence for the animal in respect of whtch he has been fined. and for the penod during which he Ita~ been found to be in defa·ult.

(3) The provisions of this section shall apply to any person who havmg compounded fot the pa>·ment of a certain sum under section 121 fails to pay such sum, and the amount due for a licence ~hall in such case be taken as the amount so compounded fo 1.

359. Penalty for unlawful buzldmg.-If the construction or leconstruc- tion of any buildmg or well-

( a) i' commenced without the permission of the commissiontr1 or

(b) is carried on or completed otherwise than in accordance with the paruculars on which such permission wcu based, or

(c) is carried on or completed in contravention of any lawful order or in breach of any proviston contained in this Act or tn any rule or bye-law made hereunder or of any dtrection or requisition lawfully gtven or made, or

tf any alteratton or addttion reqULred by any notice issued under sechon 236 or section 246 is not duly made, or

ifany person to whom a d1rection 1S gLven by the commissioner to alter or demolish a butldtng or well under secuon 247 fa•ls to obey such direct ion,

the owner of the building or well or the satd person, as the cc1se may be, shall be ltabte on conviction to a fine which may extend in the case' of a bUild tOg ro five hundred rupees and in rhe case of a well or hut to fifty rupees, and to a further fine which may extend in the case of a building to one hundred rupees and in the case of a well or hut to ten rupees, for each day during which the offence is proved to have continued after the first day.

360. ( 1) Notice to scaungers before duchtJrge .-1 n the absence of a written contract to the contrary, every scavenger employed by the municipa\ council shall be entitled to one month's not1ce before dis- charge or one month's wages in lieu thereof, unless he ts discharged for misconduct or wac; engaged for a specified term and d11charged at the end of it.

ro (2) t Pe1111lly Jor,abtteaceJr.om JlJ~t;; .qff'G.!/fllgt[t wrt~o!l~. , ,r.r~t~::TvS4~':l}d, any scavenger. ~plo,y~4~.. .bY .• the. cquttcl! ; .,jl?, tkF .a .. ~~en~,qf..a-.~ ~~'Ji~ 1 ~p. , contract authonsmg htm so to do and \Vtthout reasonable cause, restgn his. employment 'ol\\absen\htmself from has • d~~ , Wlt~ou~ . giv!flg 1.one rnonth?s nottce,to•tbe c:ouncl,!or neglect.pr, refuse .t9 .perto:liiDJ ~~~ du~ies, .. or=ahytof{them,,he;llhal1 be,hab'lc!l>n conviction to.acfine \}ot,,e.xc~~dingi fifty r.upoesror.m " :"<' .')·J~ :--~r 11 rntrl 'd "·cf,,-,, .<• .-. ,,J ,d.J ,.h•C (G3)~~~PP.llfft}Lo/} ,q{.f!4 0 ift;l;~!~~J} t,)~tf!/~). f~.)~!}lf¹f'. - 'rf'f,.~¹Pf1_ lJ~rv~~dls.-o\ e 9.'{ernrn.en_t max,. y P.Qt.,nca hon, .(hrect tna l on and,rom a- ate ,~,J>P's~~iti;.fhmrt~~.Aq4~%'l

f:l)J?.~ to

(2) ~1th respect to scavengers s~aH ~Pt;>lY::J-/.5?-,~o ~P~c1 sB whose funct1ons mtamately conce1n ~he puBlic he.alili OJit~fety , , l.,CJ '; II!: Q) •t h; CJh l. t: cl.- ~IOIJJ~ (lfll :,. C: I,OIGlVOJCf ·Hl'f (t~

1

1 ~6 r:o. 'W:h. ro!ii/tiflrmYtirM 'of.co'm'm.ifsMilr an'd ·lnillJelegate'f~E.(Ter•p ~ttooJ whli "pr'!ve iS· tliP~omhi\ss\~rye~l ·or an'f pei~h l• to whontl tfie: tc~mmis:

sjoner has lawfully delegl ftd 'HiS'p6w&'~' 6f'enter{rfg u?tb or 6rt any .. land ·

or b~tldmg from exeros1~ )l.~ 1 tawfl\! , power ofentenng the1einto

Ol Jule!~on-· shllll''be 1 deth~~d¹t0 ¹

haYe committed'¹aTI offence' under ~chon 341 of the I ndian Penal Code. -' ·~· · · :n :,;1 111 •· • • (A '{111- ''' · · · · "

'362.'¹¹PtH'al{)! flJf'rzof gwrng ot:,·-gzumt1al~e inforrluztro~-L If any person who u requ1red by the provistons of this Act or by any notice or other • P.rocecdings issued under thts Act to furnish any information- olrr!•r.:J t · lul•) ::l !f. (II Jt , tl • •.t •rn~.:t:ul. J') , • , fT!P · o (1· 1 I I • • _, • I I .

(a) OmitS t(). fut..ni~h it_;,O{i!Otl ~tll!1-rlJ d· t , lfJ 1!1 II• • •, q 'l, · .,c 'lt ' < ni, ,c, {!:> ).,..~o.~lpg:l,Y.R~ "l:e$~ig~ntlyJu•-p.~~h~. ~a!'~ ,i~f?riP,atipn, su~h n ... J'M')n .shalf be hable to a fine not exceedma one hundred · run..ea.

l\T :11!..,. ... -\•1 •.. :1~ ...... -Jjn , ,,0, tu lJJiUI •. h•tJJ J'' -•J ~ . .. ~ .q · .• 10 , , ~t ⁴;' * 'I \ I . 1 ·

1 . IH'~II n.tJJ J:tuc._.,, ,H• HC•il-pAR.t''VrH• 11• , riJI · U~ ·1,J "l • ' .t '(} , .. ~ .. ~ (If •t•J'/-.

r·,bwr tGHAP'I;E&. ~Vlrr.P~tOCEt£'tU~E.u"!fq IM~~t:J,LitN&qus,

1

,

L"' :1Lt,Ct.ld 1 :1!• ) ' J'! "' • d . !,: 1;1Jd , ' h · ~·~ ~- n ·I,· zcmces an permJSSlOti.S n J l'> o:v :•.:_r. ·rul'\.:.> '11.11 yd l l:l ' • S : t r,Jol :.11 . ! J , ru •'''' oJ , , .,. .... 1 •^, ." ·~~. 01

(¢{1!ra~:f?r~~l!J9P!~Jt&!!{qrrzg 1 ~'!Jl'ff at~if~Pf,~m:p·sz~~s:~( ~) Eve,ry hcence and pcrm1SS1Cn granted under tlus Act or any rule or bye-law made under th1s Act sna ll spec1fy the perwd, tf any, for which,' ·~nd '¹tnc' restrtchf>ns~¹hm{(3.tions and co'r\dlhoris•,'"'subject' to which, the same 1S gT'anted'fand shatt :bi,~ign~li by:thecJci>mmissJoner~r' .. .1 : , ~ r.: · '~ ,

. ii :JI' _ I' fv "Y . "l ·:t!i ' • I, IJ ,.,.,,I I I • lll 'lf '1• 1. 1' 1 t { ru '1 •{1 111 (2),!.£vecy.;hc~~~e JSsue~ hr. · :th~ ,cornnumoner. shall, s~jfy .tf~ pe.rson1to ,\Vhorn, t~e pt·emise:.1-';n re)p~~t .~fwhi~~.a~~ the ttade · o~. bu siqe$s or. undertak.tn!~ for wh1ch, .che licence ts 1 granted. For anr change in the person, the premise), or the ousihess,. trade 'oi ''under:

taking, a fresh ltcenc:e or permission shall be tuen '· witll ·o'r' \v:l thout payment,of further,fee:as the councjl may fix. , . . · 1 •

')lh /0 ;-,.,, ()⁰') :" , I It 1 • • , - 'I • ' dt \'I , , ; 1 0 , db(g),o:~~ve ~s 1 qtherwis~ expressly provi~ed in or may~ prcseribed W)4~.Jhl~ :A.ct, far :e}:f?fY ~ch. licence:,or , per~issi~~· r~. t,nay be C~tr~O;Q).~Uch~,W.U ~$ and !i~~uch ra~es, ~S 1 ~rr 9e ,~Xe9, !>x .. ,t.~~.~uni~,f c1pa count! . . . 1 .~ , (),.,, .,.d J

(4) The council may-

(a) place the collection of such fees under the management or ~uch person a:> may appear to it proper; or

(b) farm out such collccuon for any period not exceeding three years at a• time and on ~uch terms and condttions as it may think fit.

(5) Evet y ordet of a mumcipal authority granting or refusmg a licence or permission shall be pubhshed on the notice board of the munic1pal counc1l.

(6) Every order of a mumcipal author1ty refusing, suspendmg, cancelhng or modifying a licence or pcrm1SS1on .. shall be in wnting and ahall state the grounds on which it proceeds.

(7) Subject to the spec1al provlSlons m Chapters X and XU re- gardmg buildmgs and pnvate markets, and subject to such sanction as may be requued for the refusal of a }Jcence or a permtsswn, any hcence or permission gtanted under this Act or any rule or bye-law made under 1t rna y at any ttmc be suspended or revoked by the com· missioner if any of Its retnctions, lumtations or conditions is evaded or infringed by the gun tee, or tf the g1 an tee ts convicted of a breach of any of the provJStons of this Act, or of any rule, bye-law or regula- tion made under 1t many matter to whtch such licence or permission relates:-or if the grantee has obtained the same by misrepresentatiOn ·or fr,md.

(8) It shall be the duty of the comm1ssionei to inspect places in respect of wruch a licence or permiss1on ts requ1red by or under this Act, and he may enter any such place between sunrise and sunset and also between sunset and sunrise if tt is open to the public or any mdustry is bemg earned on in 1t at the time; and 1_f he has reason to believe that anythmg is being done m any place w1thout a hccnce or permission where the same is required by or under thts Act, or otherw1se than in confomuty wtth the same, he may at any tlme by day or night wtthou• not .ice enter such place for the purpose of sa t1sfymg h1msclf whether any provil>ion of law, rules, bye-laws or regulations, any condit1on of a licence or permission or any lawful direction or prohi b ttion is being contravened, and no claim shall he against any person for any dam:jge or inconvenience necessar1ly caused by the exerc1se of ,power., under th1s sub.section by the commissioner or any person to whom he ha~ la.vfuUy delegated hts powers, or by any force necessary for effectmg an entrance under this sub-sectlon,

'

(9) When any licence or permiss10n ts su~pcnded or revoked, or when the penod !or which it was granted, or witlun whtch apphc

(I 0) Every grantee of any licence or permiss10n shall at aU rea- sonable time, whtle such hcence or permission remains m force, produce the same at the request of the commissionet·.

34/4095

378

( 1 J) Whenever any person IS convicted of an offence in ~pect of the fculure to obtain a licence 01 permiss1on or make a tegtstrauon 1cquired by the provisions ofthlS Act, or any rule or bye-law made under thlS Act, the Magtstrate shall, in addit1on to any fine which may be imposed, recover ~ummarily and pay over to the mumctpal couucll the amount of the fee cha."'geable for the licence or permission or regt.:.- tratton; and may m hi~ dtscrelion also recover summartly and pay over to the council such amount, tf any, as he may fix a~ the costs of the prosecu uon.

{12) Such recovet y of the fee under sub-sect1on ( 11 ) shall not entitle the person convicted t~ a licence or permissiOn or to registration as aforesaid.

( 13) The acceptance by the munictpal council of the pre-payment of the fee for a licence or prrmisston or for registratton shall not entttle the person makmg such pre-payment to the ltcence or permission or to registration, as the case may be, but only tC> refund of the fee m case of refusal of the hccnce or permiS!>ton oro! regtstrntlon, but' an apphcant for the renewal of a licence or permtSSion or regtstration shall unttl commumcatton of orders on his application en tilled to act as tf the licence or permi~ion or regtstration had been renewed; and save as otherwise spwally provided m this Act, if orders.on an apphcat10n for hcence or perrrussion or for regJll tration are not commumcated to the apphcant wtthin thuty days after the rece1pt of the applicatiOn by the commissioner, the appllcat10n shall be deemed to h;\ve been allowed tor the year or for such less penod as is menttoned in the application, and !>Ubject to the lawJ rules, bye-Jaws, regulauons and all condttions orclinanly tmposed.

Appeals and R-:vmon.

364. Apptals and Rerllsion.- (l ) An appeal shall he to the councd from-

(a) any notice tssued or other action taken or proposed to be taken by the commtsswner-

(i) under sections I 59, 168, 175, 176, 177, 179, 236, sub-section ( I) and.sub-section {3) , 237,247, sub-section (3), 250, sub-section (I) 2Sl, sub-sectlon (1), 256, sub-section (1), 258, 271, 282 and 283; ' (it) under any bye-law concem1ng house drainage and the connection of house dratru w1th munictpal drains or house connections with murucipal water supply or lighting mains; or

(b) any refusal by the commiss1oner to approve a building site under section 231; or

(c) any order of the corruntssioner grantmg or refusing a licence or permission , or

(d) any order of the commiss1oner made under section 363. sub- sectiOn (7), ruspendmg or 1 evoking a licence ; or

(e) any other order of the commissioner that may be made appealable by rules under sect1on 344.

138

(2) The Government may, either s11o motu or on application, call for and examme the records of any order passed or proceedings taken under sub-section {t) by the counctl, for the purpose of satisfying them · selves a~ to the legality or propriety of such order or as to the regularity of such proceedings and pa!)s 'IUCh order in reference thereto a~ they think fit. '

365. Ltmitatwn of ttmefor appeal. -In any case m which no time is :prescr1bcd by the foregoing prov1sions of th•s Act for th(' presentation of an appeal allowed thereunder, such appeal subject to the provisions of sectJ on 5 of the Indian Limitation Act must be pre:.ented,-

(a) where the appeal is again!>t an order granting a licence or peJmt~'iion, withm thirty day'l after the date of the publication of the order on the notice board of the munic1pal council ; and

(b) 111 other cases, Within thirty days after the date of the receipt of the order or proceedmg against whlch the appeaJ is made. Power to summon.

366. Power of persons conductmg clectton and other enqumes.-All persons authorised by rule to conduct enquiries relating to elections and all insp~ctmg or superintendmg officer~ holdmg any enquines mto matters falhng wtthin the scope of their duties ~hall have for the purposes of such enqumcs the ~arne pO\-..crs m rega1 d to the tssue of summonses for the attendance of witnesses and the productton of documents as are con fen ed upon revenue officers by the Ke1 ala Enquiries and Summonses Act, 1960, and the prov1s1ons of that Act ~hall apply to sl.llrnmonses J<..sued and to persom summoned by virtue of the powers conferred by th1~ section ; and all persons to whom summonses are tssued by virtue of the s;ud powers ~hall be bound to obey such summonses.

It shall also be competent to the Government, by notification in the Gazette, to confer on such persons and officers as aforesaid all or any of th,. powers contamed m the Code of Crvtl Procedure, 1908, fo1 serurmg the attendance of WJtnesses or the productmn of documents

367. Summons to attend and gwe evzdence or produce documents -The commissioner may summon .any person to attend before him and to g'1ve evJdencc or produce documents, as the case may be, m re~pect of any question 1 elating to taxation, or inspect10n, or registration, or to the grant of any licence or permio;~iun under the prov1sions of thts Act. NotJc~, etc.

368. Form of notu;es m1d permrssrons.- Ail nottces and permiSSions gnren , issued or granted, as the case may be, under tt•e proviSions of this Act must be m wnting

369. Stgna!Ure on documents.~(!) Evcty 1llcence, permtS)>ton, notice, bdl. sthedule, summons or other document whtch b requited by this Act' or by any rule, bye-law or regulation made under it to be4r the

L_ 3 8{l signature of the chairman 01 the commt~ioner or of any municipal officer, shall be deemed to be proper I y signed if it bears a facstmile of the signature of the chairman or t :1 e commJSSlOiler or of such munidpal officer, as the case may be, stamped thereon.

(2) Nothing in sub-section ( 1) shall be deemed to apply to a cheque drawn upon the munictpal fund or to any deed of conuact entered mto by the municipal rounCJI .

370. Publication of 1loliftcation.-Save as otherwise provided, every notification under this Act shall be published in the Gazette:

Provided that the Government shall have power to direct that any such notification shall m~tead of bemg published in the Ga%ette be publtshcd in any other manner specified by them.

371. Pubhcatzon of bye·laws, noltces, orders, etc.- Every bye· law, order, notice or other document directed to be pubhshed under this Act shall, unless a d1fferent method be prescribed by this Act or by the council, be wJ itten in or tramlated into the language of the locality and deposited at the municipal office, and a copy shaH be p~red up in a conspicuous posttion at such office and such other places as the council may direct. And a pubhc proc!amat.ion 5hall be made through- out the mun ictpality by beat of drum that such copy has been so posted u p and that the original i~ open to mspectiOn at the municipal ()ffice.

372. Notice of prohihtllon or utting apart of placts.-Whenever the mu nic•pal council shaLl have set apart any place for any purpose authot ised by this Act or shall have prorubiu~d the doing of anythmg in any place, the c.ommi~ioner mall forthwJth cause- to be put up a notice in Enghsh and in the language of the locahty at or near such place. Such notice shall specify the purpose for which such p lace ha:. been set apart or the act prohib1ted in such place.

'

373. Method rif servwg documents.-(!) When any notice or other documen t is requ1red by this Act or by any 1-ule, byc:·law, regulation or order made under it to be set ved on, or sent to, any person, the service or send ing thereof may be effected-

( a) b y giving or tendering the ~1d document to such person ; m·

(b) if such person i-; not found, by leaving such document at lus last known place of abode or busincs!> or uy gtvang or tendering the same to some adult member or serva nt of h iS famtly ; or

(c) if such person's address elsewhere is known to the commis- SIOner, by sending th~ same to htm by registered post ; or

(d) if none of the means aforesaid be available, by fixing the ~arne in some consp1cuous part of such place of abode 01 busmcss.

(2) When the person ts an owner or occupter of any build111g ot land, it shall not be necessary to name the owner or occupier in the document, and in the case of jomt owners and occupiers it shaJI be sufficient to serve it on, or send 1t to, one of such owners or occuptcrs .

140

(3) Whenever in any btll, notice. form, or other document served or sent under this Act, a period is fixed withm which any tax or other sum is to be paid or any work executed, or an) thing provided, such penod shall, in the absence in this Act of any dJStmct provision to the contrary, be calculated from ,the date of such service or ~ending. Relatzon of occupier to owner.

374. R~couery by occupier of sum ltl'iahle from owM" -If the occupier of any building or Jand mal-es on behalf of the owner thereof any payment fo• whtch under thts Act the owner but not the occupter is hable, such occupter shall be entitled to recover the same from the owner and may deduct the same from the rent then or thereafter due by him to d1e owner.

375. Obstruction of owner by occupter.-( 1) If the occup1er of any bu,Jding or land prevents the ownet from carrying into effect m respect ~thereof an.y of the p rovismns ofthis Act. the commissioner may by an order requ1re the said occupier to pe1mit the owner. witlun eight days f!Om the dare of scrvtce of such order, to execute all such works as may be necessary.

(2) Such owner '!hall, for the period during which he ~ prevented as aforesaid, be exempt f1om any fine or penalty to which he might otherwise have become hable by reaso n of default in rxecuting ~uch works.

376. Eucutton of work by occupier tn defnull of owner.-If the owner of any buildmg or land fails to execute any work whtch he is required to execute under the p10VISlons of th1s Act or of any rule, bye-law, regulation or order made under 1t, the occupier of such bUllding or land may, with the approval of the comrnJsPowers of entry and rnspectton of the commissioner.

377. Power of.entry to rnspect, survf:)' or execute work.-The commissioner or any person a·uthonsed by him in this behalf may enter mto or on any butlding or land wah or without assistants or workmen in order to make any inquiry, mspcction, tot, exammation, survey., measuremen t or valuation or for the purpose of l of this Act or of any rule, bye-law, regulation or order made under it, or "" h1ch it is necessary for any of the purpo'>es of this Act or in pur<.uancc of any of the said provi!tions, to make or execute:

Provided that-

(a) except when Jt is in this Act otherwtse expressly provided no such entry shall be made bef\1 een sunset and ~um ise ;

(b) except when it ill in th 1s Act otherwise exp1essly provided, no dwelling house, and no part of a public bwldmg used as a dwelung place '>hall be so ente·ed w1thout the coment of the occupier ther~of, unle~ the ~aid occupier has .received at lea'>t six houn,' pt evious notice of the i ntentton to make such entr}' ,

(c) suffictent notice shall be gtven in every case even when any prem1ses may othe.~wise be entc1ed wilhout notice, to enable inmates of any apartment app10pr•atcd to women to remove to some part of the ptemtscs where then privacy may be preserved:

(d) due regard shall b~ pa1d, so far as may be compatible with the cxtgenctes of the purpose of the entry, to the soc1al and religiou:. usuagc of the occupants of the prem •ses.

378. Power of entry oil la11d.r adjacent to works.- ( I) The cornmisstoner or any pe• son authonsed by him m this benalf may wtth or wHhout assistants or workmen enter on :my ]and adjoming or withm fifty yards of any work autho1ised by this Act or by any rule, oye-law, tegulation or order made under u, for the purpose of depos1ting on such land any ~oil, gravel, stone or other matenals or of obta:mng access to such Y-ork or for any other purpose connected wtth the carrymg on thereof

(2) The commiss1oner or person authomed by him as aforesaid shall befo1e entering on any Land under sub-~ction (I) g•ve the owner or occupter truee days' prevtous nottce of the tntentson to make such entr}' and stale the purpose thereof, and shall, sf so requited by the owner or occup1er , fence off so much of the laud as may be required for such purpose.

(3) As soon as may be aftc r the completion of the work, any matetial dcpostted on any land under sub-sectiOn (1) and remaining after the complet10n shall be removed and the land restored to the origmal conduwn.

(4) The cr,mmt~ionel shall not be bound to make any payment, tender 01 deposit before entenng on any land under sub·sectson ( 1) , but as lntle damage as may be shall be done, and the eomm•ss•oner shall pay compensat10n to the own<'r or occupter of the land fot such entry and for any tempo1 ary or permanent damage that may result therefrom.

(5) If such owner or occuptcr 1s dJssat1sfied wah the amount of compensation patd to h1m by the cGmmtsstoner, he may appeal to the counc1l.

3 79. In.speclron and slampmg of weights nr:d measures.- The commlj)sioncr or any person author~ by h1m .in th1s behalf may examme ;tod test the weights and measures u-;ed in markets and shopo; sn the municipalsty wah a view to the prevent•on and punishment of offence~ relatmg to such we1ghts and measur~ under Chaplet XIII of the Indsao Peo1al Code.

Power to enforce licc11~mg p1ouisrons, QTders, etc.

380. Consequences of fauure to obtam ltcences, etc., or of breach of tht same.-( 1) If, under thB Act or any rule, bye-law or regulatton made under 1t, tl-c licence or pcrmtssion of the council or commisstooer or registration in the munictpal office, ll> necesSctry for the domg of any act and if such act is done wtthou t ~uch Jicenl e or persmS'iJOn or regtstrat•on or sn a manner mconsJstent wtth the teuns of any such licence or perml:sion, then-

142

(a) the commiss10ner may by notice requ ire the person so doing such act to alter, remove, or, a:, far as prct.Cl1cable, rest01 e to its origmal state the whole or any part of any property, movable or tm- movable, publir o1· privJ.te, affected 'thereby wtthin a time to be spectfi~d m the not1c:e ; ot

(b) the comiDlsstOner 01 any officer duly authonsed by l11m may enter mto or on any bmldmg or !.and where such act is done and take all such steps a:, may be nec~sary to prevent the continuance of such act.

(2) When a not.1ce under sub-scctwn ( l) tS not complied with, the commtsstoncr may setze the unlicensed article or article~ kept m un- bcensed premtses? provided that the sanction of the 3tandmg cornmtttee :,hall be obtained in every such case. All the arllcles se1zed shall be d.!sposed of m the manner prov1ded for the dispo!>al of articles seized under secti.on 311 :

Provtded that when the arudes are released an undertakmg shall be obtained from the person obtammg the relea se that he ~hall conform to the regulations under the llcensmg provtsions of this Act. {3) If no penalty has been speetfiect.lly provided in thts Act for so doing such act, the per~ns so doing it shall be liable on conv1ction before a Magistrate to a fine not exceedmg fifty rupees fo1 every such offence.

(4) No claim shall l1c against the commissioner or any other per- son for any damage or mcovemcnce caused by the cxcrctse of the power given under this seclton or by the use afforce necessary for the purpose of carrymg out the provisions of thJS sectton.

(5) NotwJthstanrl!ng anything contained m this srction, the com- mtssioner or any officer duly authonsed by him m writmg tn thiS behalf may, 1f satisfied that immediate act Lon is nc:cessary, close down any trade, busJness or prem,tses which ts held or kept open, in respect of whtch a licence has to be taken under the provic;tons of this Act or any other Act from the commiSSIOner, but has not been so taken or licence has been refused, withheld, revoked or suspended

381. Trme Jar compf)i11g wuh order and power to enforce rn default {I) Whenever by any not1ce, requisition or order under thjs Act, or under any rule, bye-law or regulatlon made under tt, any person ts tequired to exe-cute any work or to take any measures or do anything, a reasonable t1me shall be named m such notice, requ tsitwn or order withm which the work shall be executed, the measures taken or the thing done.

(2) If such not1ce, reqwsitlon or order is not complied wtth wtthin the t1me so named, the cornmtSsloner may ect.use such work to be exe- cuted or may take any me.lSures or do anything wh1ch may, m his opinson, be necessary for g1vmg due effect to the notice, rcqutSltjon or order as aforcsa1d.

(3) If no penalty has been specifically provtded in this Act for fatlure to comply w1th such notice, t he said person sba.ll be liable on conviction before a Magistrate to a fine not exceeding fifty rupees for every such offence.

-

(2) If the person to whom notice is given 1S the owner of the pr()o perty 111 respect of which 1t IS gtvcn, the commiSswner may (whether any acllon or other proceeding has been brought or taken agamst such owner or not) require the person, 1fany. who occupies such property, or any part thereof, under the owner, to pay to the mumc,pal counct1, instead of to the owner, the rent payable by him Ul respect of such property, as it falls due, up to the amount recoverable from the owner under sub-sectwn (I) or to such smaller amount a., the commiss10ner may think proper, dnd any amount so p,ud shall be deducted fi om the amount payable by the owner.

(3) For the purpose of dectding whether action should be taken under sub section (2), the commlSMoner rna y require any occup1er of propetty to furnish lnformatron as to the sum paid by h1m as rent on account of such property and as to the name and address of the person to whom it is payable; and su_ch occupLer shall be bound to furnish such informahon.

{4) The provisions of this section shaH not affect any contract made between any owner and occupu~r respectmg the payment of any such expenses.

383. &lufto agents, trustus etc.-{ I) When any pers:on by reason of h1s rece1ving the rent of 1mmovable property as agent, trustee, guard tan, manager or receiver .or of his being <1gent, trustee, guard1an, manager or rccetver for the person who would recclVe the rent 1f the property were let to a .tenant would, under thi;) Act, be bound to discharge any ob1igat1on unposed by this Act or any rule, bye-law, regulation or order made under it on the proprietor of the property and for the discharge ofwhich money is required, he shall not be bound to discharge the obligauon unless he has, or, but for his own improper act of default, might have had in hts hands, funds belongmg to the proprietor sufficient for the purpose.

(2) The burden of provmg the fdcts entitling a person to relief under this sec.tion shall lie on him.

(3) When any person has claimed and established h1s right to relief under thts section .the commissioner may give him notice to apply to the d1scharge of such obhgatiOn as aforcsa1d the first money::. which shall come to h1s hands on behalf or for the use of the propnetor; and should he fatl to comply with such notice he shall be deemed to be personally hable to discharge sach obligation.

384. Power of commtssioner to agree to receive payment of expenses irl instal· ments.-Instead of recovering any such expenses as afor;!said in the manner provided under secnon 386, the comrmsswner may, 1f he thinks fit, take an agreement from the person liable for the payment thereof,

144

385

to pay the same in mstalments of such amo•mts and at such interv

Paymmt of compensahon, tic. by and lo the munwpalt!J

365. Power of mumapahty to pay compensatton.-I n any case not other- wise expr~ly provJ.ded for 10 thts Act the commlS~toner may, wJth the approval of the counctl, pay compensatiOn to any peuon who sustains damage by reason of the exerc1se by any municipal autho1 ity, officer or servant of any of the powe1 s vested m them by th1s Act or any othet law or by any rule, bye-law or regulatton made under it.

386. Recovery of 1ums due as taxes.-All costs, damages, penaJ ri~, compensation, charges, fees (other than ~chool fees), expenses, 1ent~ (not bemg ren ¹s for lands and build1ngs dem1~ed by the munictpal coun- ctl), contnbut10ns and other sums which undet· thts Act or any other law or rules or bye-laws made theteunriet or under any contract in res- pect of water supply or dramage made in <~.ccordance wtth thLS Act the rules or bye-laws ate due by any person to the counc1l, may, 1f there ts no spec1al p1ovision m thi ... Act for thctr recovery, be demanded b y b1ll as provided m the rules in Schedule II and rt cove·erl m the manner prov1ded therein.

387 Ltmitallonfor recopay of dues.-No dtStramt shall be made, no suit shaH be instituted and no ptosecution shall be commenced in res- pect of any sum due to the munic.Jpa l r.ouncil under thts Act after the expiration of a penod of three years from the date on which dbtramt m ight first have been made, a suit might first have been mstituted, O"

prosecution might first have been commenced, as the case may be, in respect of such sum:

Provided that in the ca~e of a~sessments made under seer ion J 34 the said period of three years shall be computed from the date on which distraint might have been made suit instttuted, or prosecution com- menced, after the assessment under the satd sect1on shall have been made.

388. Procedure 111 dealtng with lurplus sale procuds.-If any proncrty movable or immovable, is sold under the prov1sio "' of this Act anrl 1f there is a ~urplus after the sum due to the municipal cou11c1l and the costs have been deducted from he ~a le proceeds, such surplus shall , 1f the owner of the property sold claims it withm three 'eats from the date of the sale, be p

389. Ptrlons empowered lo profecutc.- No person sh'lll he t• ied for any offence against 1he provic;tons of Lh1s Act, or of a ny rule, or bve-law made under 1t, tml~ complaint is made by the pol1cc, or the com- mis~loner or by a person expressly au•honsed tn 1his behalfb, the counc1l or the commtsstoner withm three months of •he commiss1on o the offence. But nothmg herein sh

34f4095

145

Provided that failwe to take out a licence, obtain penrusuon or 'ecure rcgtstrat on under thts Act shtill, for the purpose of this section, be deemed a conttnuing offence unt1l the exptrauon of the period, i t any. for which the hcence. pcrmtssion or tegtstration is required and, if no penod ts specified, complatnt may be made at any t1me within twelve months from the commenc~ment of the offence.

390. Imprisonment zn difault of payment and applualiOn of frnes-(1) rn case any fine or costs 1mposed or asses~ed by a M agistl ate under this Act o r under any rule or bye-law made under it, shall not be patd, the Magistrate may order the offender to be tmpnsioned in defau1t of pay. ment subject to all the restnctions. hmllation) and condtttons 1mposed in sections 64 to 70 {both mduswe) of the I ndtan Penal Code.

(2) Any fine, costs, tax or other sum impo•ed or assessed by a M agistrate under this Act or under any rule or bye-law made under it shall be recoverable by ~uch Magistrate under the Code of Cruninal Procedure, 1893, as tftt were a fine and the same shall on recovery be paid to the municipal ~unctl to be apphed to the purposes of thts Act .

391. Payment of compensaliDn joT damage to mumcipal proptrty.-If. on account of any act or omlS·ion any person has been convicted of an offence aC!~imt the provistom of tlus Act or agam~t any rule or bye-law made under tt and by reao;on " f such act or ommis, ion damage has been caused to any prope--ty owned by or Ve'it ing in the municipal council, the sa1d person shdU pa)' Ci')mpcn~tton for such damage, notwtth- s•andmg any puni!>hmem to wrurh he may have been sentenced for the sa1d offence. I n the event of dtspute, the amount of compensatlon payable by tne satd person shall be determined by the court before wh1ch he was convicted of the s

Legal Proctedmgs

392. lnstitwion of su1ts against municip~l authorities, o.fficers and servants·- ( I) No suir shall be in~titured againsr rh~ munic:ipal counc1l or against any municipal author1ty or against any munic1pa l officer or othe• muni· cipa\ employee o• against any person ace ing under the order or direction of any municipal authoritv or any municipal officer or other municipal employee, in respect of any act done, or purportin~ to have been done, in pursuance of this Act or anv rule, rcgu)ation or bye· law made thereunder. unttl rhe e-tp:talk·n oftwo months after notice in we it in~ h

(2) Norhjng m sub sectinn (1) <:hall be deemed to apply to a suit in which rhe only re¹ief clai rnt>d ;., an injuncc ion of which the object would be defeated b,' the g iving of the notice or the postponement of th~ 'institution of the suit.

146

I

387

{3) Every such sutt shall be commenced withm six months after the date on which the cause of acuon aro!>e or in case of continumg injury or damage during ruch continuance or withm six months after the ceasing thereof.

( 4) lf any person to whom any notice ts given under sub-~cct10n

(1) tenders amends to the plainoff before the ~u1 t is mstitu ted, and if the plamtlff does nor re<"over in any such action more than the amount so tendered he shall not recover any cost~ incurred after such tender by the person to whom such notice has been g1ven and the defendant shall be entitled to co~ts as from the date of tende1 .

(5) Where the defendant in any such uit i~ the chairman, the com• mwioner, a municipal offict:r or "ervant, payment of lhc sum, 01 any part of any sum, payable by htm 10, or in com.equence of, the suit, whether in respect of costs, charge3 expenses. compensation for dama- ges or otherwise, may be made, w1th the sancuon of the counc1l, from the municipal fund.

393. ProoisL obtavung of legal aduzce-The commJ'·sio ncr may- ( a) take, or withdraw from, proceedmgs against any pe1son who commib-