Uttar Pradesh act 002 of 1959 : The UTTAR PRADESH MUNICIPAL CORPORATION ACT, 1959

¹[ 35. There shall be an electoral roll for each ward which shall be prepared in accordance with the provisions of this Act under the superintendence, direction and control of the State Election Commission.]

36. Subject to the provisions of section 37, every person who is qualified to be registered in the Assembly Rolls relatable to the area comprised in the ward or whose name is entered therein shall be entitled to be registered in the electoral roll of the ward.

37. (1) A person shall be disqualified for registration in electoral roll if he is disqualified for registration in the Assembly Rolls or is disqualified for voting under the provisions of this Act.

38. (1) No person shall be entitled to be registered in the electoral roll for more than one ward in the same City.

¹[ 39. (1) Subject to the superintendence, direction and control of the State Election Commission the electoral roll for each ward shall be prepared and published in the manner prescribed by rules by an Electoral Registration Officer under the supervision of the Chief Election Officer (Urban Local Bodies).

¹[40. The State Election Commission may, if it thinks it necessary so to do, for the purposes of general of bye-election, direct a revision of the electoral roll for all or any of the wards in such manner as it may think fit :

41. ¹[ In so far as provision with respect to any of the following matters is not made by this Act or the rules made thereunder, the State Election Commission may may, by Order make provisions in respect of the following matter concerning the electoral rolls, namely-

42. (1) No person who is not, and, except as expressly provided by this Act, every person who is, for the time being entered in the electoral roll of any ward shall be entitled to vote in that ward.

44. At every election in a ward where a poll is taken votes shall be given by secret ballot and no vote shall be received by proxy.

¹[45. (1) The superintendence, direction and control of the conduct of elections of the ²[Mayor], ³[ * * * ] and ²[Corporators] of the Corporation shall be vested in the State Election Commission.]

46. In so far as provision with respect to any matter is not made by this Act, ¹[the State Election Commission] may, by order, provide for matters concerning conduct of elections to the offices of ²[Mayor] and ³[ * * * ] and to the seats of ⁴[***] ²[Corporators] that is to say-

47. (1) If at any election of ¹[Corporators] ²[***] any seat remains unfilled, a fresh election shall be held to fill the vacancy.

48.¹[(1) The provisions of sections 125, 126, 127, 127-A, 128, 129, 130, 131, 132, 134, 134-A, 135 ²[135-A] and 136 of Chapter III of Part VII of the Representation of the People Act, 1951, shall have effect as if-

¹[49. No civil court shall have jurisdiction-

¹[50. A general election shall be held for the purpose of constituting or reconstituting a Corporation.

(1) The Executive Committee shall consist of—\br@s (a) the 5Mayor who shall be ex-officio Chairman of the Executive Committee ; and (b) twelve persons to be elected by the 1Corporation out of 5Corporators 1***.\br@s (2) The Executive Committee shall at its first meeting and at often thereafter as may be necessary on account of a vacancy in the office of Vice-Chairman, elect one of its members to be its ViceChairman.\br@s (3) A Vice-Chairman shall cease to hold office as soon as he ceases to be a member of the Executive Committee.\br@s (4) The persons referred to in clause (b) of sub-section (1) shall be elected by the 1 Corporation at its first meeting after general elections.\br@s (5) One-half of the members of the Executive Committee shall retire every succeeding year at noon on the first day of the month in which the first meeting of the 1Corporation mentioned in sub-section (4) was held:\br@s Provided that all the members of the Executive Committee in office when general elections are held shall retire from office on the election of a new Committee under sub-section (4).\br@s (6) The members who shall retired under sub-section (5) one year after their election under sub-section (4) shall be selected by to at such time previous to the date for retirement specified in sub-section (5) and in such manner as the Chairman if the Executive Committee may determine, and in succeeding years the members who shall retire under this section shall be those who have been longest in office:\br@s Provided that, in the case of a member who has been reappointed, the term of his office for the purposes of this sub-section shall be computed from the date of his reappointment.\br@s (7) The 1Corporation shall at its meeting held in the month preceding the date of retirement specified in sub-section (5) appoint fresh members of the Executive Committee to fill the offices of those who are due to retire on the said date.\br@s (8) A casual vacancy in the seat of a member of the Committee shall be filled by electing a member for the remainder of the term of the member outgone;\br@s Provided that where the remainder of the term of the committee is less than two months, the vacancy shall not be filled unless the 1Corporation resolves otherwise.\br@s (9) A retiring member shall be eligible for re-election.\br@s

The election of members of the Executive Committee and of the Vice-Chairman thereof shall be held in accordance with the system of proportional representation by means of the single transferable vote and the voting at such election shall be by secret ballot.\br@s

A member of the Executive Committee wishing to resign his office may do so in writing under his hand addressed to the 1Mayor and it shall take effect from the moment of its receipt by the 2Mayor.\br@s

The election of members of the Development Committee and its Vice-Chairman shall be held in accordance with the system of proportional representation by means of the single transferable vote and the voting at such election shall be by secret ballot.\br@s

A member of the Development Committee wishing to resign his office may forward a written resignation signed by him to the 2Mayor and his resignation shall take effect upon the receipt of such writing by the 2Mayor.\br@s

(1) A committee constituted under clause (e) of section 5 shall consist of as many members not exceeding twelve as the 1Corporation may determine.\br@s (2) Subject to the directions, if any, of the State Government in this behalf, the members of a committee referred to in sub-section (1) shall elect from among themselves a Chairman and a Vice-Chairman and shall fill any casual vacancy in the office of Chairman or Vice-Chairman by fresh election.\br@s (3) The provisions relating to the term and manner of election of members of Executive Committee shall, as far as may by, apply to a committee constituted under clause (e) of section 5.\br@s

(1) There shall be constituted in every Metropolitan area a Metropolitan Planning Committee to prepare a draft development plan for the Metropolitan area as a whole.\br@s (2) The Metropolitan Planning Committee, referred to in subsection (1) shall consist of a Chairperson who shall be chosen in such manner as may be prescribed by rules and such number of members not less than twenty one and not more than thirty, as the State Government may by order specify.\br@s (3) Out of the total number of members specified under subsection (2)—\br@s (a) two thirds of the members shall be elected by, and from amongst, the elected members of the municipalities and chairpersons of the Panchayats in the Metropolitan area in proportion to the ratio between the population of the municipalities and of the Panchayats in that area ; and\br@s (b) one-third of the members shall be nominated by the State Government from amongst —\br@s (i) an officer, not below the rank of Deputy Secretary to the Central Government in the Ministry of Urban Development ;\br@s (ii) an officer, not below the rank of Joint Secretary to the State Government in the Urban Development Department;\br@s (iii) an officer not below the rank of Joint Secretary to the State Government in the Forest Department;\br@s (iv) the Chief Town and Country Planner, Uttar Pradesh;\br@s (v) Director, Environment, Uttar Pradesh;\br@s (vi) the Managing Director of Jal Nigam established under the Uttar Pradesh Water Supply and Sewerage Act, 1975;\br@s (vii) the General Manager of Jal Sansthan established under the Uttar Pradesh Water Supply and Sewerage Act, 1975 situated in the Metropolitan area;\br@s (viii) a Superintending Engineer of the Public Works Department;\br@s (ix) a Superintending Engineer of the Uttar Pradesh State Electricity Board;\br@s (x) Vice Chairman of the Development Authority in the Metropolitan Area.\br@s (4) The elected member of the Metropolitan Planning Committee referred to in clause (a) of sub-section (3) shall cease to hold office as soon as he ceases to hold the office by virtue of which he became such member.\br@s (5) A member referred to in sub-clause (i) of clause (b) of subsection (3) shall be nominated on the recommendation of the Secretary to the Secretary to the Government of India in the Urban Development Department.\br@s (6) Any vacancy of members shall be no bar to the constitution or reconstitution of the Metropolitan Planning Committee.\br@s (7) The Metropolitan Planning Committee shall, in preparing the draft development plan.\br@s (a) have regard to, —\br@s (i) the plans prepared by the Municipalities and the Panchayats in the Metropolitan area;\br@s (ii) matters of common interest between the municipalities and the panchayats including coordinated spatial planning of the area, sharing of water and other physical and natural resources, the integrated development of infrastructure and environmental conservation;\br@s (iii) the overall objectives and priorities set by the Government of India and the State Government;\br@s (iv) the extent and nature of investment likely to be made in the metropolitan area by agencies of the Government of India and other available resources whether financial or otherwise.\br@s (b) consult such institutions and organizations as the Governor may, by order specify.\br@s (8) The Chairperson of a Metropolitan Planning Committee shall forward the development plan, as recommended by such Committee, to the State Government. Explanation— for the purposes of this section “Municipalities” means the Municipal Corporation, Municipal Council and Nagar Panchayat. \br@s

For every Municipal Corporation, the State Government shall appoint a 1Municipal Commissioner and one or more 1Additional Municipal Commissioner as it may consider necessary;\br@s Provided that no person not already in the service of 3 the government may be appointed as 1Municipal Commissioner unless his appointment has been approved by the State Public Service Commission.\br@s 4 Provided further that no person may be appointed as 1Additional Municipal Commissioner unless he is an 1Deputy Municipal Commissioner of the Corporation in the senior most scale.\br@s

(1) The 1Municipal Commissioner 6and the 1Additional Municipal Commissioner shall receive from the 7Corporation Fund such monthly salary and allowances, as the State Government may from time to time determine.\br@s (2) The other terms of employment including leave, pension, contribution to Provident Fund, shall be such as the State Government may prescribe.\br@s

No election under this Act shall be called in question except as provided by or under this Act.\br@s

(1) The election of a person as 1Mayor or 2 * * * may be questioned by any unsuccessful candidate or by any person whose nomination paper was rejected or by any member of the 3Corporation by presenting a petition to the District Judge exercising jurisdiction in the City on any one or more of the grounds mentioned in section 71. (2) The petition shall be presented within seven days of the declaration of the result of election.

2(1) The election of any person as 1Corporator may be questioned by any unsuccessful candidate at the election or by any person whose nomination paper was rejected at the election or by any elector of the ward concerned.\br@s (2) The petition may be presented on any one or more of the grounds mentioned in section 71.\br@s (3) The election of any person as 3*** 1Corporator shall not be questioned on the ground that the name of any person qualified to vote, has been omitted from, or the name of any person not qualified to vote, has been inserted in the electoral roll or rolls.\br@s 4 (4) The petition shall be presented to the District Judge, exercising jurisdiction in the City within 30 days of the declaration of result of the election.\br@s

(1) An election petition shall specify the ground or grounds on which the election of respondent is questioned and shall contain a concise statement of the material facts on which the petitioner relies, and shall set forth full particulars of any corrupt practice which the petitioner alleges, including as full a statement as possible as to the names of the parties alleged to have committed such corrupt practice and the date and place of the commission of each such practice.\br@s (2) The petition and if there is any schedule or annexure to the petition, such schedule or annexure also, shall be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedure, 1908, for the verification of pleadings.\br@s (3) A petitioner shall join as respondent to his petition.\br@s (a) where the petitioner claims a declaration under 1*** section 64, all the contesting candidates, other than the petitioner, and in any other case all the returned candidates ; and\br@s (b) any other candidate against whom allegations of any corrupt practice are made in the petition.\br@s

A petitioner may, in addition to claiming a declaration that the election of all or any of the returned candidates is void, claim a further declaration that he himself or any other candidate has been duly elected.\br@s

(1) Where in an election petition a declaration that any candidate other than the returned candidate has been duly elected is claimed, the returned candidate or any other party may give evidence to prove that the election of such candidate would have been void if he had been the returned candidate and a petition had been presented calling in question his election:\br@s Provided that the returned candidate or such other party as aforesaid shall not be entitled to give such evidence unless he has, within 21 days of the service upon him of notice of the election petition in case the election questioned is as 1*** 2Corporator and three days in all other cases given a notice to the District Judge trying the election petition of his intention to do so and has also given the security, if any, prescribed under section 79.\br@s (2) Every notice referred to in sub-section (1) shall be accompanied by the specification, statement and particulars required by section 63 in the case of an election petition and shall be signed and verified in like manner.\br@s

If an election petition has not been presented within the time allowed by this Act or it does not comply with any previsions made under section 79 relating to deposit of security or the necessary court-fee payable thereon is not furnished within the time allowed therefor it shall forthwith be rejected by the District Judge.\br@s

(1) An election petition not rejected under section 66 shall be heard by the District Judge.\br@s (2) The District Judge hearing the petition shall follow such procedure as may be prescribed by rules under section 79.\br@s

(1) On the application of any party to an election petition and after notice to the other parties thereto and after hearing such of them as desire to be heard, or of its own motion, without such notice, the High Court may at any stage— (a) transfer an election petition pending before a District Judge for trial to any other District Judge for trial to any other District Judge ; or (b) re-transfer the same for trial to the District Judge from whom it was withdrawn. (2) Where any election petition has been transferred or re-transferred under sub-section (1), the District Judge who thereafter tries such petition may, subject to any direction in the order of transfer to the contrary, proceed from the point at which it was transferred or re-transferred: Provided that he may, if he thinks fit, recall and re-examine any of the witnesses already examined.

If the petition has not otherwise been dismissed in the course of hearing, the District Judge shall at the conclusion of the trial of an election petition make an order—\br@s (a) dismissing the election petition ; or\br@s (b) declaring the election of all or any of the returned candidates to be void ; or\br@s (c) declaring the election of all or any of the returned candidates to be void and the petitioner or any other candidate to have been duly elected.\br@s

At the time of making an order under section 69 the District Judge shall also make an order—\br@s (a) where any charge is made in the petition of any corrupt practice having been committed at the election, recording—\br@s (i) a finding whether any corrupt practice has or has not been proved to have been committed by, or with the consent of , any candidate or his agent at the election and the nature of that corrupt practice ; and\br@s (ii) the names of all persons, if any, who have been proved at the trial to have been guilty of any corrupt practice and the nature of that practice ; and\br@s (b) fixing the total amount of costs payable, and specifying the persons by and to whom costs shall be paid :\br@s Provided that no person shall be named in the order under subclause (ii) of clause (a) unless—\br@s (a) he has been given notice to appear before the District Judge and to show cause why he should not be so named ; and\br@s (b) if he appears in pursuance of the notice, he has been given an opportunity of cross-examined by the District Judge and has given evidence against him, of calling evidence in his defence and of being heard.\br@s

If the District Judge is of opinion—\br@s (a) that on the date of his election a returned candidate was not qualified, or was disqualified, to be chosen to fill the seat under this Act ; or\br@s (b) that any corrupt practice specified in section 78 has been committed by a returned candidate or his election agent or by any other person with the consent of a returned candidate or his election agent ; or\br@s (c) that any nomination has been improperly rejected ; or\br@s (d) that the result of the election, in so far as it concerns a returned candidate, has been materially affected— (i) by the improper acceptance of any nomination, or\br@s (ii) by any corrupt practice committed in the interests of the returned candidate by a person other than that candidate or his election agent or a person acting with the consent of such candidate or election agent, or\br@s (iii) by the improper reception, refusal or rejection of any vote or the reception of any vote which is void, or\br@s (iv) by any non-compliance with the provisions of this Act or of any rules or orders made thereunder, the District Judge shall declare the election of the returned candidate to be void.\br@s

If any person who has lodged a petition has, in addition to calling in question to the election of the returned candidate, claimed a declaration that he himself or any other candidate has been duly elected and the District Judge is of opinion—\br@s (a) that in fact the petitioner or such other candidate received a majority of the valid votes ; or\br@s (b) that but for the votes obtained by the returned candidate by corrupt practice the petitioner of such other candidate would have obtained a majority of the valid votes ; the District Judge shall after declaring the election of the returned candidate to be void declare the petitioner or such other candidate, as the case may be, to have been duly elected.\br@s

If during the trial of an election petition it appears that there is an equality of votes between any candidates at the election and that the addition of a vote would entitle any of these candidates to be declared elected, then—\br@s (a) any decision made by the Nirvachan Adhikari (Returning Officer) under the provisions of this Act shall, in so far as it determines the question between those candidates, be effective also for the purposes of the petition ; and\br@s (b) in so far as that question is not determined by such a decision, the District Judge shall decide between them by lot and proceed as if the one on whom the lot then falls had received an additional vote.\br@s

(1) An appeal shall lie from every order made by the District Judge under section 69 or section 70 to the High Court within thirty days from the date of the order :\br@s Provided that the High Court may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that the appellant had sufficient cause for not preferring the appeal within such period.\br@s (2) Every person who prefers an appeal under sub-section (1) shall enclose with the memorandum of appeal a Government Treasury receipt showing that a deposit of five hundred rupees has been made by him either in a Government Treasury or in the State Bank of India in favour of the High Court as security costs of the appeal.\br@s (3) The High Court shall, subject to the provisions of this Act, have the same powers, jurisdiction and authority, and follow the same procedure, with respect to an appeal under this Chapter as if the appeal were an appeal from an original decree passed by a civil court situated within the local limits of its civil appellate jurisdiction :\br@s Provided that every appeal under this section shall be heard by a bench of not less than two judges.\br@s (4) Every appeal shall be decided as expeditiously as possible and endeavor shall be made to determine it finally within three months from the date on which the memorandum of appeal is presented to the High Court.\br@s (5) A copy of the order of the High Court on appeal shall be sent by the Registrar of the High Court to the State Government for information.\br@s (6) Where an appeal has been preferred against an order under clause (b) of section 69, the High Court may, on sufficient cause being shown, stay operation of the order appealed from and in such a case the order shall be deemed never to have taken effect under section 77 and shall not take effect until the dismissal of the appeal.\br@s

The decision of the High Court on appeal under section 74 and subject only to such decision, the order of the District Judge under section 69 or section 70 shall be final and conclusive.\br@s

The District Judge shall after pronouncing his orders made under sections 69 and 70 send a copy thereof to the State Government.\br@s

An order of the District Judge under section 69 or section 70 shall take effect on the day next following the day on which the same is pronounced.\br@s

The following shall be deemed to be corrupt practices for the purposes of this Act ;\br@s (1) Bribery, that is to say, any gift, offer or promise by a candidate or his agent or by any other person, of any gratification to any person whomsoever, with the object, directly or indirectly of inducing—\br@s (a) a person to stand or not to stand as, or to withdraw from being a candidate, or to retire from contest at an election;\br@s (b) an elector to vote or refrain from voting at an election, or as a reward to—\br@s (i) a person for having so stood or not stood, or for having withdrawn his candidature, or for having retired from contest ; or\br@s (ii) an elector for having voted or refrained from voting.\br@s Explanation— For the purposes of this clause the term “gratification” is not restricted to pecuniary gratifications or gratifications estimable in money and it includes all forms of entertainment and all forms of employment for reward.\br@s (2) Undue influence, that is too say, any direct or indirect interference or attempt to interfere on the part of the candidate or his agent, or of any other person, with the free exercise of any electoral right at an election :\br@s Provided that—\br@s (a) without prejudice to the generality of the provisions of this clause any such person as is referred to therein who—\br@s (i) threatens any candidate, or any elector, or any person in whom a candidate or any elector is interested, with injury of any kind including social ostracism and excommunication or expulsion fromany caste or community ; or\br@s (ii) induces or attempts to induce a candidate or an elector to believe that he, or any person in whom he is interested, will become or will be rendered an object of divine displeasure 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;\br@s (b) a declaration of public policy, or a promise of public action, or the mere exercise of a legal right without intent to interfere with an electoral right, shall not be deemed to be interference within the meaning of this clause ;\br@s (3) The systematic appeal by a candidate or his agent or by any other person, to vote or refrain from voting on grounds of caste, race, community or religion or the use of, or appeal to, religious symbols or the use of, or appeal to, national symbols, such as the national flag or the national emblem for the furtherance of the prospects of that candidate’s election.\br@s (4) The publication by a candidate or his agent or by any other person, of any statement of fact which is false, and which he either believes to be false or does not believe to be true, in relation to the candidature, or withdrawal, or retirement from contest, of any candidate, being a statement reasonably calculated to prejudice the prospects of that candidate’s election.\br@s (5) The procuring or abetting or attempting to procure by a candidate or this agent, the application by a person whether for a ballot paper in the name of any other person, whether living or dead or in a fictitious name, or by a person for a ballot paper in his own name when by reason of the fact that he has already voted in the same or some other ward, he is not entitled to vote.\br@s (6) The hiring or procuring, whether on payment or otherwise, of any vehicle or vessel by a candidate or his agent or by any other person, for the conveyance of any elector (other than the candidate himself, the members of his family or his agent) to or from any polling station provided under order issued in pursuance of section 46 \br@s Provided that the hiring of a vehicle or vessel by an elector or by several electors at their joint costs for the purpose of conveying him or them to and from any such polling station or place fixed for the poll shall not be deemed to be a corrupt practice under this clause if the vehicle or vessel so hired is a vehicle or vessel not propelled by mechanical power \br@s Provided further that the use of any public transport vehicle or vessel or any tramcar or railway carriage by any elector at his own cost for the purpose of going to or coming from any such polling station to replace fixed for the poll shall not be deemed to be a corrupt practice under this clause.\br@s Explanation— In this clause, the expression “vehicle” means any vehicle used or capable of being used for the purpose of road transport, whether propelled by mechanical power or otherwise and whether used for drawing other vehicles or otherwise. obtain or procure by a candidate or his agent, or, by any other person, any assistance (other than the giving of vote), for the furtherance of the prospects of that candidate’s election, from any person in the service of the Government and belonging to any of the following classes, namely;\br@s (a) gazetted officers ;\br@s (b) stipendiary judges and magistrates ;\br@s (c) members of the armed forces of the Union ;\br@s (d) members of the police forces ;\br@s (e) excise officers ;\br@s (f) revenue officers including village accountants, such as patwaris, lekhpals, talatis, karnams and the like but excluding other village officers ; and\br@s (g) such other class of persons in the service of the Government as may be prescribed.\br@s

The State Government may make rules with respect to the following matters—\br@s (a) appointment and remuneration of staff for District Judges trying election petitions ;\br@s (b) abatement and withdrawal of election petitions ;\br@s (c) dismissal of election petitions for non-appearance, non prosecution or non-compliance with orders of court and with the provisions of the Act and orders made thereunder ;\br@s (d) procedure at hearing of election petitions ;\br@s (e) powers of District Judge trying election petitions ;\br@s (f) place of trial ;\br@s (g) deposit of security and additional security ;\br@s (h) refund and forfeiture of security deposits ;\br@s (i) recovery of costs awarded under section 70 ;\br@s (j) substitution of parties ;\br@s (k) consignment and weeding out of records of decisions of election petitions ;\br@s (l) any other matter about which provision is necessary in the opinion of the State Government.\br@s

(1) Offences punishable with imprisonment under section171-E or section 171-F of the Indian Penal Code, 1860, and offences punishable under section 135 or section 136 of the Representation of the People Act, 1951 as applied to elections under this Act by section 48 shall entail disqualification for membership of a 1Corporation.\br@s (2) The corrupt practices specified in section 78 shall entail disqualification for membership of a 1Corporation.\br@s (3) The period of disqualification shall be five years commencing in the case of disqualification under sub-section (1) from the date of the conviction for the offence and in the case of disqualification under sub-section (2) from the date on which the finding of the District Judge under section 70 takes effect under section 77.\br@s

If a person sits or votes as a 2Mayor, 3 * * * or member of a 1Corporation at a meeting of the 1Corporation or any Committee thereof before he has complied with the requirements of sub-section (1) of section 85 or when he knows that he is not qualified or that he is disqualified for being a 2Mayor, 3 * * * , 4*** or 2Corporator as the case may be, he shall be liable in respect of each day on which he so sits or votes to a penalty of fifty rupees to be recovered as a debt due to the State.\br@s

If any question arises as to whether a member of a 1Corporation has become subject to any of the disqualifications mentioned in section 25 the question shall be referred in the manner prescribed for decision to the State Government and the decision of the State Government shall be final.\br@s

(1) The State Government may remove a member of the 1Corporation or of any Committee thereof on any of the following grounds ;\br@s (a) that he has acted as a 5*** 2Corporator or member of any Committee, as the case may be, by voting or taking part in the discussion of any matter other than a mater referred to in clause (e) of section 25 in which he has directly or indirectly a personal interest or in which he has professionally interested on behalf of a client, principal or other person ;\br@s (b) that he has become physically or mentally incapacitated for performing his duties as such member ;\br@s (c) that he has been guilty of gross misconduct in the discharge of his duty as such member:\br@s Provided that no order of removal shall be made by the State Government under this section unless a 2*** 2Corporator or member of Committee to whom it relates has been given a reasonable opportunity of showing cause why such order should not be made.\br@s (2) The removal shall be made by notification in the official Gazette and shall become effective from the date of publication of such notification.\br@s (3) The State Government may direct a member who is suffering from any of the serious infectious diseases to be specified by the State Government, by order not to attend any meeting of the 1Corporation or any Committee, Joint Committee or sub-committee thereof and any member who has been so directed shall not be qualified to attend any meeting of the 1Corporation or any Committee, Joint Committee or sub-committee thereof until upon his furnishing proof to the satisfaction of the State Government of his having been cured of the disease the State Government withdraw the direction.\br@s (4) A person who has been removed from membership of the 1Corporation under sub-section (1) shall be disqualified for being elected and for being a member of the 1Corporation for a period of four years from the date of his removal, and a person who has been removed from the membership of any committee of the 1Corporation shall be disqualified for being elected or for being a member of such committee for a period of four years from the date of his removal.\br@s Provided that the State Government may at any time by order remove the disqualification.\br@s

4 (1) Notwithstanding anything contained in the Indian Oaths Act, 1873, every person who is elected a 3Corporator 5*** or co-opted as a member of the Development Committee and every person who is elected a 3Mayor shall before taking his seat make an oath or affirmation in the following form, namely ;\br@s 3Corporator / Co-opted “I, A.B., having been elected 5**** /Member of the 3Mayor / Development Committee of this 1Corporation do swear in the name of God solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India and that I will faithfully discharge the duty upon which I am about to enter ; \br@s 1 (1-A) Within seven days of the constitution under section 9 or reconstitution under section 538 of the Corporation the Municipal Commissioner shall convene a meeting of the Municipal Corporation. The Commissioner of the division or in his absence the District Magistrate shall administer the oath or affirmation to the Mayor and thereafter the Mayor shall administer the oath or affirmation to Corporator who have been declared elected. Such meeting shall be presided over by the Commissioner of the Division or in his absence the District Magistrate. The meeting so convened, shall be treated as the First Meeting of the Municipal Corporation. \br@s (2) Any person who having been elected a 2 Corporator or 2Mayor 3*** or co-opted a member of the Development Committee fails to make within three months of the date on which his term of officer commences or at one of the first three meetings of the 4Corporation held after the said date, whichever is later, the oath or affirmation laid down in and required to be taken by sub-section (1) shall cease to hold his office and his seat shall be deemed to have become vacant.\br@s (3) Any person required under sub-section (1) to make an oath or affirmation shall not take his seat at a meeting of the 4Corporation, in the case of a person co-opted a member of the Development Committee at a meeting of such Committee, or do any act as 2Corporator, 5*** or 2Mayor or such member of the Development Committee as the case may, be, unless he has made an oath or affirmation as laid down in sub-section (1).\br@s

(1) All expenditure incurred in connexion with the preparation and revision of electoral rolls for a City and the conduct of all elections under this Act in respect of that City shall except as otherwise directed by the State Government be charged to and be realizable from the 4Corporation to the extent and in the manner laid down by the State Government.\br@s (2) The Nirvachan Adhikari (Returning Officer) or any officer charged with the duty of conducting any election may require the 4Corporation to advance such sum as may be necessary for the conduct of that election and the 4Corporation shall thereupon make that sum available to the Nirvachan Adhikari (Returning Officer) or other officer concerned.\br@s

(1) The State Government may make rules in respect of matters to be prescribed but which are not prescribed in the Act or by order.\br@s (2) Without prejudice to the generality of the foregoing power such rules may provide for—\br@s (a) the manner of notification of election of 1Mayor 2 * * * ,\br@s 3*** 1Corporator, and of a vacancy in the office of 1Mayor, 2 * * * ,\br@s 3*** or 1Corporator ;\br@s (b) manner of election of member so of Executive Committee, Development Committee and committees constituted under clause (e) of section 5 and of co-option of members of the Development Committee ;\br@s (c) manner of election of Vice-Chairman of the Executive Committee and Vice-Chairman of committees constituted under clause\br@s (e) of section 5 ;\br@s (d) maximum salary and allowances of 1Municipal Commissioner;\br@s (e) manner of reference under section 82 of any question as to disqualification of member ;\br@s (f) procedure for ascertaining if a member is suffering from a serious infectious disease for the purposes of sections 25 and 83 ; and\br@s (g) matters relating to taking of oath under section 85.\br@s

(1) The 4Corporation shall meet for the transaction of business six times at least in every year and more than two months shall not intervene between its last sitting and the date appointed for the first sitting of the next meeting.\br@s (2) The 1Mayor and in the absence of the 1Mayor the 2 * * * may, whenever he thinks fit, and shall, upon a requisition made in writing by not less than one sixth of the total number of members of the 4Corporation call a meeting of the 4Corporation. The requisition may be delivered 1Mayor by any member subscribing the same, or sent to him by registered post 5The meeting on such requisition shall be convened within fifteen days from the date of delivery or service thereof.\br@s 6 (2-A) Notwithstanding anything contained in sub-section (2), where a meeting has already been called to be held within a period of fifteen days from the date of delivery or service of a requisition, the 1Mayor or 2 * * * , as the case may be, may, instead of calling a separate meeting upon that requisition, include, subject to the provisions of sub-section (1) of section 91, the matters mentioned in such requisition in the list of business to be transacted at the meeting already called and thereupon such meeting shall be deemed to be a meeting convened on that requisition as well.\br@s (2-B) The 1Mayor or the 2 * * * , as the case may be, may, for reasons to be recorded, postpone a meeting, other than a meeting convened on requisition of members, by giving such notice as may be provided by bye-laws in this behalf. \br@s (3) Every meeting of the 3Corporation shall be open to the public unless the Presiding Officer considers that the public shall be excluded during the whole or any part of the meeting.\br@s

(1) The Executive Committee, 4 the Development Committee, the Ward Committees and any other Committee referred to in sub-section (1) may, whenever he thinks fit, and shall, upon a requisition made in writing by not less than one-fourth of the total number of members of the Committee, call a meeting of the Committee.\br@s (2) The Chairman or in the absence of the Chairman the ViceChairman of any Committee referred to in sub-section (1) may, whenever he thinks fit, and shall, upon a requisition made in writing by not less than one-fourth of the total number of members of the Committee, call a meeting of the Committee.\br@s

(1) Where any business is required to be transacted by special resolution, the quorum for the transaction of such business shall be at least one-half of members of the 3Corporation or the Committee as the case may be.\br@s (2) No business shall, except as provided in sub-section (3) be transacted at any meeting of the 3Corporation, the Executive Committee, 5the Development Committee, the Ward Committees or any other Committee constituted under section 5 unless at least onefifth of the total number of members thereof be present throughout the meeting.\br@s (3) Where any meeting fails or is unable to continue to transact its business for want of quorum, the Presiding Officer of the meeting shall direct that a meeting be held at such time and place as he thinks fit and thereupon the 1Municipal Commissioner shall give notice to all members of the time and place of such meeting and the business which has been listed for transaction at the original meeting may be brought forward and transacted in the usual manner at such meeting but no quorum shall be necessary thereat.\br@s

(1) A list of the business to be transacted at every meeting, except an adjourned meeting, shall be sent to the address, given by himself, of each member of the 2 Corporation the Executive Committee, 3the Development Committee, the Ward Committees or other Committee constituted under clause (e) of section 5, as the case may be, at least ninety-six hours in the case of a meeting of the 2Corporation and seventy-two hours in the case of a meeting of any such Committee before the time fixed for such meeting and no business, except as provided in sub-section (2) shall be brought or transacted at any meeting other than a business of which notice has been given :\br@s Provided that if the list of business aforesaid is sent by post it shall be sent under a certificate of posting.\br@s (2) Any member of the 2Corporation or of a Committee referred to in sub-section (1), as the case may be, may send or deliver to the 1Municipal Commissioner notice of any resolution with a copy thereof proposed to be moved by him at any meeting of which notice has been sent under sub-section (1). The notice shall be sent or delivered at least forty-eight hours in the case of a meeting of the 2Corporation and twenty-four hours in the case of a meeting of any Committee before the date fixed for the meeting and thereupon the 1Municipal Commissioner shall with all possible dispatch cause to be circulated such resolution to every member in such manner as he may think fit. Any resolution so circulated may, unless the meeting otherwise decides, be considered and disposed of thereat.\br@s

(1) All matters required to be decided by the 2Corporation or by any Committee thereof shall, save as otherwise provided in this Act, be determined by a majority of the members present and voting at the meeting.\br@s 4 * * * \br@s 4 * * * \br@s (2) The voting at all meetings shall be by show of hands but the bye-laws to be framed by the 2Corporation may provide that any question or class of question as may be specified, be decided by secret ballot.\br@s (3) At any meeting, unless a poll be demanded by at least onefourth of the members present, a declaration by the Presiding Officer at such meeting that the resolution has been carried or lost and an entry to that effect in the minutes of the proceedings shall, for the purposes of this Act, be conclusive evidence of the fact without proof of the number or proportion of the votes recorded in favour of or against such resolution.\br@s (4) If a poll be demanded by at least one-fourth of the members present at a meeting, the votes of all the members present who desire to vote shall be taken under the direction of the Presiding Officer of the meeting and the result of such poll shall be deemed to be the resolution of the 1Corporation at such meeting.\br@s

The Presiding Officer of any meeting of any meeting of the 1Corporation or of any Committee referred to in section 89 at which a quorum of the members is present may, with the consent of the majority of the members present, adjourn the meeting from time to time.\br@s

(1) The 2Mayor and in his absence the 3 * * * shall preside at meetings of the 1Corporation.\br@s (2) In the absence of the Chairman of any Committee the ViceChairman thereof shall preside at meetings of the Committee.\br@s (3) The members present at any meeting shall, in the absence of the 2Mayor and the 3 * * * in the case of the 1Corporation and the Chairman or Vice-Chairman, in the case of any Committee referred to in section 89, choose one of their members to preside at the meeting.\br@s (4) Subject to the provisions of section 17 a person presiding at a meeting of the 1Corporation or of any Committee may vote on any motion before the 1Corporation or the Committee, as the case may be, and in the case of equality of votes shall have also a casting vote.\br@s

(1) The 1Corporation may from time to time by special resolution constitute a Special Committee consisting of such members and other persons, if any, as it may think fit, to enquire into and report upon any matter connected with its powers, duties or functions. Every member of a Special Committee shall have the right to speak in and otherwise to take part in the proceedings of the Committee, but no member who is not a member of the 1Corporation shall have a right to vote at any meeting of the Committee.\br@s (2) The 1Corporation may from time to time by resolution appoint a Joint Committee of any two or more of the committees mentioned in section 5 in respect of matters in which such committees may be jointly interested.\br@s (3) Every Special Committee and Joint Committee shall conform to any instructions that may from time to time be given to it by the 1Corporation.\br@s (4) The 1Corporation may at any time dissolve or alter the constitution of any Special Committee or Joint Committee or may at any time withdraw from any Special Committee any of the powers, duties and functions delegated to it.\br@s (5) Every Special Committee and Joint Committee shall appoint one of their number to be the Chairman, provided that no member of the 1Corporation may be the Chairman of more than one Special Committee or Joint Committee and no person who is not a member of the 1Corporation shall be appointed Chairman of any committee.\br@s (6) In the absence of a Chairman at any meeting the members of a Special Committee or Joint Committee shall choose one of their number to preside at the meeting, provided that no person who is not a member of the 1Corporation shall be so chosen.\br@s (7) The report of any Special Committee shall, as soon as may be practicable, be laid before the 1Corporation which may thereupon take such action as it thinks fit or may refer back the matter to the Special Committee for such further investigation and report as it may direct.\br@s

(1) The 1Corporation may from time to time and shall if so required by the State Government join with a Cantonment authority or any other local authority or with a combination of such authorities—\br@s (a) in appointing a joint committee out of their respective bodies for any purpose in which they are jointly interested, and in appointing a chairman of such committee ;\br@s (b) in delegating to any such committee power to frame terms binding on each such body as to the construction and future maintenance of any joint work and any power which might be exercised by any of such bodies, and\br@s (c) in framing and modifying bye-laws for regulating the proceedings of any such committee in respect of the purpose for which the committee is appointed.\br@s (2) Where the 2Corporation has requested the concurrence of any other local authority under the provisions of sub-section (1) in respect of any matter and such other local authority has refused to concur, the State Government may pass such orders as it deems fit requiring the concurrence of such other authority, not being a Cantonment authority, in the matter aforesaid and such other authority shall comply with such orders.\br@s (3) If any difference of opinion arises between the 1Corporation and any such other local authority which has joined the 1Corporation under this section, the matter shall be referred to State Government whose decision thereon shall be final and binding:\br@s Provided that, if the authority concerned is a Cantonment authority, any such decision shall not be binding unless it is confirmed by the Central Government.\br@s (4) The 1Corporation may from time to time enter into an agreement with a Cantonment authority, or a local authority or with a combination of such authorities for the levy of octroi or terminal tax or tolls by the 1Corporation on behalf of the authorities so agreeing and, in that event, the provisions of this Act shall apply in respect of such levy as if the area of the City were extended so as to include the area or areas subject to the control of such authority or such combination of authorities.\br@s (5) The terms on which the 1Corporation purposes to join with a Cantonment authority or a local authority or a combination of such authorities under sub-section (1) or sub-section (4) shall be reduced to writing and be subject to prior approval of the State Government.\br@s (6) Subject to the prior approval of the State Government the terms referred to in sub-section (5) may be varies or rescinded with the concurrence of all the local authorities concerned and any such variation or rescission shall take effect from such date as may be agreed upon and specified by the said local authorities.\br@s

(1) The Executive Committee, 2 the Development Committee, the Ward Committees or any Committee appointed under clause (e) of section 5 or a Joint Committee may appoint one or more sub-committees for any purpose with which it is entitled to deal and which, in its opinion, can be more usefully carried out by a subcommittee.\br@s (2) A sub-committee appointed under sub-section (1) shall possess such powers and perform such duties and functions as the Committee appointing it may from time to time delegate or confer.\br@s

A 3 Corporator 4 *** may, subject to the conditions prescribed by rules, ask questions on any matter relating to the administration of this Act or the municipal government of the City.\br@s

With the permission of the 1Mayor the Chairman of any Committee of the 2 Corporation may be present at and address a meeting of any other Committee of the 2Corporation but he shall not, by virtue of this section, be entitled to vote thereat.\br@s

Whenever the office of the 1Mayor as well as of the 3 * * * is vacant, the 1Municipal Commissioner shall, subject to any directions which the Prescribed Authority may give in this behalf, carry on the routine duties of the 1Mayor till a 1Mayor or 3 * * * is elected.\br@s

(1) The 1Municipal Commissioner shall have the right of being present at a meeting of the 2Corporation or of any Committee, sub-committee, Joint Committee or Special Committee constituted under this Act and of taking part in the discussion thereat and with the permission of the Presiding Officer, may at any time make a statement or explanation of facts but shall not be at liberty to vote upon or to make any proposition at such meeting.\br@s (2) The 2Corporation or any Committee, Special Committee, Joint Committee or sub-committee referred to in sub-section (1) may require any of the officers of the 2Corporation to attend any of its meetings or meeting at which any matter dealt with by such officer in the course of his duties is being discussed and if any officer is required to attend at such meeting, he may be called upon to make a statement or explanation of facts or supply such information in his possession relating to any matter delete with by him as the 2Corporation, or any Committee, Special Committee, Joint Committee or sub-committee, as the case may be, may require.\br@s (3) Any officer specially authorized by the State Government in this behalf shall be entitled to attend the meeting of the 2Corporation and to address it on any matter affecting his department or in respect of which he has special knowledge.\br@s (4) The 2Corporation may request the State Government to direct the Head of any Government department or any other officer of that department to attend a meeting of the 2Corporation.\br@s

The meetings of the 2Corporation, the Executive Committee 4the Development Committee, the Ward Committees and all other Committees and sub-committees shall be held and the business before them conducted and disposed of in the manner prescribed by bye-laws made by the 2Corporation.\br@s

(1) Subject to and consistently with the provisions of this Act, the 1Corporation may make bye-laws for regulating the holding of and the conduct of business at its meeting and the meetings of the Executive Committee, 2 the Development Committee, the Ward Committees Committees constituted under section 5, Special committees, Joint Committees and sub-committees.\br@s (2) Without prejudice to the generality of powers conferred under sub-section (1) the bye-laws may provide for—\br@s (i) the time and place of meetings of the 1Corporation, Committee and sub-committees;\br@s (ii) the manner in which notice of such meetings shall be given;\br@s (iii) the management and adjournment of such meetings, and the regulation of orderly conduct of business thereat, including the withdrawal or suspension of members guilty of disorderly conduct;\br@s (iv) the procedure at meetings of the 1Corporation, Committees and sub-committees;\br@s (v) the minute book, and keeping of record of proceedings of 1Corporation, Committees and sub-committees;\br@s (vi) inspection of minutes and reports of proceedings and supply of copies thereof to members and other persons on payment of fee or otherwise;\br@s (vii) constitution of Committee and sub-committees;\br@s (viii) appeal from decisions of sub-committees to the Committee appointing it;\br@s (ix) conditions attaching to the right to ask questions and the answering of such questions.\br@s (3) The bye-laws made under this section shall be subject to the provisions of sections 542, 543, 544, 546, 547 and 549.\br@s

(1) No act or proceeding of the 1Corporation or of any Committee or sub-committee appointed under this Act shall be invalid or be questioned on account of any vacancy in its body.\br@s (2) No disqualification of, or defect in, the election or appointment of any person acting as a 3 Corporator 4 *** or as 3Mayor or 5 * * * or Presiding Officer of the 1Corporation or as Chairman or Vice-Chairman or member of any Committee or sub-committee appointed under this Act shall be deemed to vitiate any act or proceeding of the 1Corporation or of any such Committee or subcommittee as the case may be, in which such person has taken part, provided the majority of the persons who were parties to such act or proceedings were entitled to act.\br@s (3) Until the contrary is proved, every meeting of the 1Corporation or of a Committee or sub-committee in respect of the proceedings whereof a minute has been made and signed in accordance with this act or the bye-laws shall be deemed to have been duly convinced and held, and all the members of the meeting shall be deemed to have been duly qualified ; and where the proceedings are proceedings of a Committee or sub-committee, such Committee or subcommittee shall be deemed to have been duly constituted and to have had power to deal with the matters referred to in the minutes.\br@s

No act done or proceeding taken under this Act shall be called in question in any court on the ground merely of any defect or irregularity in procedure not affecting the substance.\br@s

(1) Subject to such conditions as may be prescribed a 1Corporation may from time to time create one or more of the following posts, as it may consider necessary, in connexion with its affairs, namely,—\br@s (i) 2Deputy Municipal Commissioner ;\br@s (ii) 2Assistant Municipal Commissioner ;\br@s 3 (iii) Mukhya Abhiyanta ; \br@s (iv) Nagar Swasthya Adhikari ;\br@s (v) Mukhya Nagar Lekha Parikshak, and\br@s (vi) other posts of officers, staff and other servants necessary for the efficient discharge of its functions :\br@s Provided that where the State Government orders to the effect that the 1Corporation do create a post, it shall be obligatory for the 1Corporation to create such post :\br@s Provided further that a post created under the first proviso shall not be abolished without the sanction of the State Government.\br@s (2) The qualifications of persons to be appointed to posts created under sub-section (1) shall be such as may be prescribed by the State Government.\br@s

1 (1) Appointments to the posts of 2 Deputy Municipal Commissioner, 2Assistant Municipal Commissioner, 3 Mukhya Abhiyanta, Nagar Swasthya Adhikari, Mukhya Nagar Lekha Parikshak and to other posts as the State Government may specify shall be made by the 2Mayor after consultation with the State Public Service Commission in the manner prescribed and not otherwise: \br@s Provided that the appointment of Nagar Swasthya Adhikari shall preferably be made out of Officers of the Public Health Department of the State Government whom the State Government may be agreeable to send on deputation and in such case consultation with the Public Service Commission shall not be necessary.\br@s 4 (2) 5Appointments to the posts not included in the posts referred to in the posts referred to in sub-section (1) shall be made after consultation with the State Public Service Commission in the manner prescribed and not otherwise. \br@s (a) in respect of those officers and servants who are immediately subordinate to the Mukhya Nagar Lekha Parikshak, in the Mukhya Nagar Lekha Parikshak, and\br@s (b) in respect of all other officers and servants, in the 2Municipal Commissioner.\br@s (3) All other appointments except those specified in subsections (1), (2) and (5) shall be made in accordance with the recommendations of a Selection Committee constituted under subsection (4) and the authority to make such appointments shall vest—\br@s (a) in respect of those officers and servants who are immediately subordinate to the Mukhya Nagar Lekha Parikshak, in the Mukhya Nagar Lekha Parikshak, and\br@s (b) in respect of all other officers and servants, in the 2Municipal Commissioner.\br@s (4) The Selection Committee referred to in sub-section (3) shall consist of the 2Municipal Commissioner or his nominee, the Mukhya Nagar Lekha Parikshak and the Head of the department for which the appointment is to be made. The 2Municipal Commissioner and, in his absence, the member designated by him for the purpose, shall be the Chairman of the Selection Committee :\br@s Provided that the Committee referred to above which may be constituted in connexion with the appointments of officers and servants immediately subordinate to the Mukhya Nagar Lekha Parikshak, shall consist of the Mukhya Nagar Lekha Parikshak and two other officers of the 1Corporation who shall be nominated by the Executive Committee and the Mukhya Nagar Lekha Parikshak shall be the Chairman of such Committee.\br@s (5) Appointments to posts in the engineering, 2public health and other departments of the Corporation carrying scales of pay lower than the scales of pay of the posts referred to in sub-section (3) shall be made by the Heads of the departments concerned specified under section 112 subject however to any bye-laws made by the 3Corporation in this behalf.\br@s (6) In the case of any difference of opinion between the appointing authority and the State Public Service Commission a reference shall be made by the 3Municipal Commissioner to the State Government whose decision shall be final.\br@s

Notwithstanding anything contained in section 107 officiating and temporary appointments to posts mentioned in subsections (1), (2) and (3) of the said section may be made by the appointing authorities specified in those sub-sections without consulting the State Public Service Commission or obtaining the recommendation of the Selection Committee, but no such appointment shall continue beyond the period of one year, nor shall be made where it is expected to last for more than a year, without consulting the State Public Service Commission or otherwise than in accordance with the recommendation of the Selection Committee, as the case may be.\br@s

Notwithstanding anything in sections 107 and 108,—\br@s (a) the appointment of a teacher in any college, affiliated to any University as defined in the Uttar Pradesh State Universities Act, 1973 and maintained by a 1Municipal Corporation, shall be made in accordance with the provisions of that Act, and\br@s (b) the appointment of a teacher or Head of an institution recognized in accordance with the Intermediate Education Act, 1921, and maintained by a 1Municipal Corporation shall be made in accordance with the provisions of that Act.\br@s

The emoluments and other conditions of service of officers, staff and other servants of the 1Corporation shall be such as may be prescribed by the State Government.\br@s

1 (1) No officer or servant of the 2Corporation shall be dismissed or removed or otherwise punished by an authority subordinate to that by which he was appointed;\br@s Provided that in the case of an officer or servant whose appointment is required to be made in consultation with the State Public Service Commission under section 107, it shall be necessary for the authority concerned to consult the Commission in the manner prescribed, before passing an order for the dismissal, removal or reduction in rank of any such officer or servant.\br@s (2) Punishment of officers and servants of the 2Corporation shall be subject to such right of appeal as may be prescribed.\br@s

Where any authority specified in section 107 fails within a reasonable time to make appointment to any post specified in section 106 or created thereunder the State Government may after giving the authority due opportunity and consulting the State Public Service Commission, if necessary, make appointment thereto and such appointment shall then be deemed for all purposes to have been made by the authority concerned.\br@s

(1) 3the 4Additional Municipal Commissioner, 4Deputy Municipal Commissioner and 4Assistant Municipal Commissioner shall, subject to the control of the 4Municipal Commissioner, exercise such powers and perform such duties of the 4Municipal Commissioner as the 4Municipal Commissioner may specify in this behalf.\br@s (2) All acts done and jurisdictions exercised by 5 the 4Additional Municipal Commissioner or the 4Deputy MunicipalCommissioner or the 4Assistant Municipal Commissioner in pursuance of the powers delegated to him under sub-section (1) shall, for all purposes, be deemed to have been performed and done by the 4Municipal Commissioner.\br@s (3) 6the Mukhya Abhiyanta the Nagar Swasthya Adhikari, the Mukhya Nagar Lekha Parikshak and such other officers as may be specified by the State Government shall be called the Heads of the Departments of the 2Corporation and shall perform such duties and shall exercise such powers as are imposed upon them by or under this Act or any other enactment for the time being in force.\br@s

(1) Notwithstanding anything contained in sections 106 to 110, the State Government may at any time, by rules provided for the creation of one or more service of such officers and servants as the State Government may deem fit, common to the 3Corporations or to the 3Corporations, 4Nagar Panchayat, Municipal Council and Jal Sansthans of the State, and prescribe the method of recruitment and conditions of service of persons appointed to any such Service. \br@s 5 Explanation— For the purposes of this sub-section it is clarified that services common to Nagar Panchayats and Municipal Councils or Nagar Panchayats, Municipal Councils, Municipal Corporations and Jal Sansthan in the districts comprised in the Kumaun and Garhwal divisions of the State may be created.\br@s 6 (2) When any such service is created, officers and servant serving on the posts included in the service as well as officers and servants performing the duties and functions of the those posts under sub-clause (1) of clause (ee) of section 577 may, if found suitable, be absorbed in the service, provisionally or finally, and the services of others shall stand determined, in the prescribed manner.\br@s (3) Without prejudice to the generality of the provisions of subsections (1) and (2) such rules may also provide for consultation with the State Public Service Commission in respect of any of the matters referred to in the said sub-section.\br@s 7 Provided that such absorption in the service shall not operate as a bar against holding or continuing to hold any disciplinary proceedings against a member of the service in respect of any act committed before the date of such absorption.\br@s 8 (4) Notwithstanding anything contained in the preceding subsections (1), (2) and (3) or in any other provision of the Act, the State Government may by rules also provide for regularization of temporary and ad hoc appointments, made before the prescribed date, without consultation with the State Public Service Commission.\br@s

The following services of the 3Corporation shall be the essential services, namely:—\br@s (a) medical and public health services ;\br@s (b) water works and mechanical engineering services ;\br@s (c) sweepers;\br@s (d) staff of the lighting department\br@s; (e) transport services ; and\br@s (f) such other services as may be specified in the rules.\br@s

No member of an essential service Member of shall—\br@s (a) resign his office or withdraw or absent himself from the duties thereof, except—\br@s (i) after obtaining written permission from the 2Municipal Commissioner or any officer authorized by him in this behalf ; or\br@s (ii) in the event or illness or accident disabling him from the discharge of his duties or for such other reasons as the 2Municipal Commissioner or officer authorized by him in this behalf may consider sufficient ; or\br@s (iii) after giving three months’ notice in writing to the 2Municipal Commissioner ; or\br@s (b) neglect or refuse to perform his duties or willfully perform them in a manner which, in the opinion of the 2MunicipalCommissioner or such other officer, as aforesaid, is inefficient. \br@s

(1) If the State Government is of the opinion that the stoppage or the cessation of the performance of any of the essential service will be prejudicial to the safety or health or to the maintenance of services essential to the life of the community in the City it may, by notification in the official Gazette, declare that an emergency exists in the City and specify the period for which such declaration shall be in operation.\br@s (2) While a declaration of emergency under sub-section (1) is in operation no member of such of the essential services as may be specified in the notification shall, notwithstanding any law or agreement to the contrary for the time being in force—\br@s (a) withdraw or absent himself from his duties except in the event of illness or accident disabling him from the discharge of hisduties ; or\br@s (b) neglect or refuse to perform his duties or willfully perform them in a manner which in the opinion of such officer as the State Government may specify in this behalf is inefficient.\br@s

(1) Notwithstanding anything contained in any other law for the time being in force and without prejudice to the generalityof the powers conferred by this Act or the rules made thereunder the Municipal Commissioner may at any time by general or special order direct any regular, adhoc or contractual employee of the Municipal Corporation who goes or remains on or otherwise takes part in any strike which has been prohibited by an order under sub-section (1) of section 3 of the Uttar Pradesh Essential Services Maintenance Act, 1966 to resume duty by the day or hour and in the manner specified in the order.\br@s (2) Notwithstanding anything contained in any other provisions of this Act or the rules made thereunder,—\br@s (a) the employment or contract of a regular, adhoc or contractual employee with the Corporation shall become void with effect from the day or hour specified in the order referred to in subsection (1) if the employee fails to resume duty in response to the said order ;\br@s (b) where the employment or contract of a regular, adhoc or contractual employee becomes void under clause (a), the services of such employee shall stand terminated and such employee shall not be entitled to any notice before the terminated and such employee shall not be entitled to any notice before the termination of his services, nor any disciplinary inquiry shall be required before such action.\br@s (3) In particular, and without prejudice to the generality of the foregoing provisions of this section, the Municipal Corporation shall not be liable for payment of salary of any such employee beyond the day or hour specified in the order referred to in sub-section (1).\br@s (4) The Municipal Commissioner shall, notwithstanding anything to the contrary contained in any other provisions of this Act or the rules and regulations made thereunder be competent to appoint on temporary basis any person possessing the requisite qualifications for discharging the duties of the post or the employee referred to in sub-section (2).\br@s

(1) The State Government may make rules for the purposes of carrying into effect the provisions of this Chapter.\br@s (2) Without prejudice to the generality of the foregoing powers such rules may provide for—\br@s (a) the method of recruitment, and qualification of persons to be appointed, to the posts created in connexion with the affairs of the 2Corporation;\br@s (b) the designation and grade of posts of officers, staff and other servants created under clause (v) of sub-section (1) of section 106;\br@s (c) the appointment of persons in temporary or officiating capacity;\br@s (d) the salaries, emolument and other allowances of persons appointed to the aforesaid posts;\br@s (e) the leave, punishment, including dismissal and removal, appeal and other disciplinary matters and other conditions of service of the officers, staff and other servants of the 1Corporation ; 2***\br@s (f) specification of officers as Head of department of the 1Corporation 3and \br@s 4 (g) the creation of municipal services under section 112-A and recruitment thereto, absorption of existing officers and servants therein, and transfer, leave, punishment, including dismissal and removal, appeal and other disciplinary matters and other conditions of service of such officers and servants.\br@s

It shall be incumbent on the 1Corporation to make reasonable and adequate provision, by any means or measures which it is lawfully competent to it to sue or to take, for each of the following matters, namely, \br@s (i) erection, where there are no natural boundary marks, of substantial boundary marks of such description and in such a position as shall be approved by the State Government defining the limits or any alteration in the limits of the City;\br@s (ii) the naming or numbering of streets and of public places vesting in the 1Corporation and the numbering of premises;\br@s (iii) the collection and removal of sewage, offensive matter and rubbish and treatment and disposal thereof including establishing and maintaining farm or factory;\br@s (iv) the watering, scavenging and cleansing of all public streets and places in the City and the removal of all sweeping therefrom;\br@s (v) the construction, maintenance and cleansing of drains and drainage works, and of public latrines, water closets, urinals and similar conveniences;\br@s (vi) supplying, constructing and maintaining, in accordance with the general system approved by the 1Corporation receptacles, fittings, pipes and other appliances whatsoever on or for the use of premises for receiving and conducting the sewage thereof into drains under the control of the 1Corporation ;\br@s (vii) the management and maintenance of all 1Corporation waterworks and the construction or acquisition of new works necessary for a sufficient supply of water 2 for domestic, industrial and commercial purposes ;\br@s (viii) guarding from pollution water used for human consumption and preventing polluted water from being so used ;\br@s (ix) the lighting of public streets, 1Corporation markets and public buildings and other public places vested in the 1Corporation ;\br@s 3 (ix-a) the construction and maintenance of parking plots, bus-stops and public conveniences ;\br@s (x) the establishment, maintenance or supports of public hospitals and dispensaries including hospitals for the isolation and treatment of persons suffering or suspected to be infected with a contagious or infectious disease and carrying out other measures necessary for public medical relief ;\br@s (xi) preventing and checking the spread of contagious, infectious and dangerous diseases ;\br@s (xii) provision for anti-rabic treatment ;\br@s (xiii) maintenance of ambulance service ;\br@s (xiv) establishing and maintain a system of public vaccination ;\br@s (xv) the registration of vital statistics including births and deaths ;\br@s 4 (xvi) establishing, maintaining and assisting maternity Centres and child welfare and birth control clinics and promoting population control family welfare and small family norms ;\br@s (xvii) the organization, maintenance or management of chemical or bacteriological laboratories for the examination or analysis of water, food or drugs, for the detection of diseases or adulteration or for researches connected with public health ;\br@s (xviii) the reclamation of unhealthy localities, the removal of noxious vegetation and generally the abatement of all nuisances ;\br@s (xix) the regulation and abatement of offensive and dangerous trades, callings or practices including prostitution ;\br@s (xx) the maintenance, fixing and regulation of places for the disposal of the dead and the provision of new places for the said purpose and disposing of unclaimed dead bodies or aiding within its means any arrangement made with the same objects by any other institution ;\br@s 1 (xxi) the construction and maintenance of public markets and the regulation of all markets, slaughter-houses, and tanneries.\br@s (xxii) the securing or removal of dangerous buildings and places;\br@s (xxiii) maintaining hydrants and rendering such assistance, including the maintaining or managing of a fire brigade in extinguishing fires and protecting life and property when fires occur, as the State Government may by general or special order direct from time to time ;\br@s (xxiv) the removal of obstructions and projections in or upon streets, bridges and other public places ;\br@s (xxv) establishing, maintaining, aiding and suitably accommodating schools for primary education including nursery education ;\br@s (xxvi) establishing and maintaining or granting aid to institutions of physical culture ;\br@s (xxvii) maintaining or contributing to the maintenance of veterinary hospitals ;\br@s (xxviii) the construction or acquisition and maintenance of cattle-pounds ;\br@s (xxix) the construction, maintenance, alteration and improvement of public streets, bridges, sub-ways, culverts, causeways and the like ;\br@s (xxx) planting and maintaining trees on road sides and other public places ;\br@s (xxxi) regulation of traffic and provision of traffic signs ;\br@s (xxxii) assisting by constructing and maintaining residential quarters, by giving loans in the proper housing of 2 Corporation conservancy staff and all sections of working classes ;\br@s (xxxiii) town planning and improvement including slum clearance and preparation and execution of housing schemes and laying out of new streets ;\br@s 1 (xxxiii-a) promoting urban forestry and ecological aspects and protections of the environment ;\br@s (xxxiv) maintaining and developing the value of property vested in, or entrusted to the management of the 2Corporation ;\br@s 3 (xxxiv-a) safeguarding the interest of weaker sections of society including the handicapped and mentally retarded ;\br@s (xxxiv-b) the promotion of culture, educational and aesthetic aspects;\br@s (xxxiv-c) the construction and maintenance of cattle pounds and prevention of cruelty to animals.\br@s (xxxv) the maintenance of a 2Corporation office and of all public monuments and open space and other property vesting in the 2Corporation;\br@s (xxxvi) the issue of a Bulletin reporting proceedings or substance of proceedings of the 2Corporation and of it committees and giving other information about the activities of the 2Corporation ;\br@s (xxxvii) prompt attention to official letters and preparation and submission of such return, statements and reports as the State Government requires the 2Corporation to submit, and\br@s (xxxviii) fulfillment of any obligation imposed by or under the Act or any other law for the time being in force.\br@s 4 (xxxix) slum improvement and up gradation ;\br@s (xl) urban poverty alleviation ;\br@s (xli) providing urban amenities and facilities such as parks, gardens play-grounds.\br@s

The 2Corporation may, in its discretion, provide from time to time, either wholly or partly, for all or any of the following matters, namely,—\br@s (i) the organization, maintenance or management of institutions including lunatic asylums, leper homes, orphanages and rescue homes for women, within or without the City for the care of persons who are infirm, sick or incurable ; or for the care and training of blind, deaf, mute or otherwise disabled persons or of handicapped children ;\br@s (ii) the provision of milk to expectant or nursing mothers or infants or school children ;\br@s (iii) swimming pools, public wash houses, bathing places and other institutions designed for the improvement and construction of bathing ghats on river banks ;\br@s (iv) dairies or farms within or without the City for the supply, distribution and processing of milk or milk products for the benefit of the residents of the City ;\br@s (v) the construction and maintenance in public streets or places of drinking fountains or drinking sheds or stand-posts for human beings and water-troughs for animals ;\br@s (vi) encouraging music and other fine arts and providing music in public places or places of public resort ;\br@s (vii) making grants to educational and cultural institutions situated within and outside the City ;\br@s (viii) the provision of 1*** recreation grounds, installing statues and beautifying the City;\br@s (ix) the holding of exhibitions, athletics or games ;\br@s (x) the regulation of lodging houses, camping grounds and resthouses in the City ;\br@s (xi) the construction, establishment and maintenance of theatres, rest-houses and other public buildings ;\br@s (xii) the organization or maintenance, in times of scarcity, of shops or stalls for the sale of necessaries of life ;\br@s (xiii) the building or purchase and maintenance of dwellings for 2Corporation officers and servants ;\br@s (xiv) the grant of loans for building purposes to 2Corporation servants on such terms and subject to such conditions as may be prescribed by the 2Corporation ;\br@s (xv) any other measures for the welfare of 2Corporation servant or any class of them ;\br@s (xvi) with the State Government’s previous sanction, the purchase of any undertaking for the supply of electoral energy or gas or the starting or subsidizing of any such undertaking which may be in the general interests of the public ;\br@s (xvii) with the State Government’s previous sanction the construction, purchase, organization, maintenance or management of tramways, trackless trams or motor transport facilities for the conveyance of the public or goods within or without the City ;\br@s (xviii) the furtherance of educational objects other than those mentioned in clause (xxv) of section 114 and making grants to educational institutions within or without the City ;\br@s (xix) the establishment and maintenance or the aiding of libraries, museums and art galleries, botanical or zoological collections and the purchase or construction of buildings therefor ;\br@s (xx) construction, establishment, maintenance or contributions to the maintenance of baths, bathing ghats, washing places, tanks, wells dams and other works of public utility ;\br@s (xxi) the construction or maintenance of infirmaries or hospitals for animals ;\br@s (xxii) the destruction of birds or animals causing a nuisance or of vermin, and the confinement or destruction of stray or ownerless dogs ;\br@s (xxiii) contributions towards any public fund raised for the relief of human suffering within the City or for the public welfare ;\br@s (xxiv) presentation of civic addresses and holding of civic receptions ;\br@s (xxv) the acquisition and maintenance of grazing grounds and the establishment and maintenance of a breeding stud ;\br@s (xxvi) grant of loans or other facilities to any person, society or institution interested in the provision of dwellings or the execution of house schemes ;\br@s (xxvii) the provision of poor relief ;\br@s (xxviii) the building or purchase and maintenance of Gaushalas and of sanitary stables of horses, ponies or cattle used in hackney carriages or carts ;\br@s (xxix) surveys of buildings or lands ;\br@s (xxx) relief measures to meet any calamity affecting the public in the City ;\br@s (xxxi) the adoption of any measure likely to promote the public safety, health or convenience than a measure specified in section 114 or in the other clauses of this section ;\br@s (xxxii) subject to the provision in the budget, the making of a contribution towards any public ceremony or entertainment in the City;\br@s (xxxiii) the establishment and maintenance of tourist bureau ;\br@s (xxxiv) the establishment and maintenance of a press and workshop for 1Corporation work as also for under taking private work on charges in spare time ;\br@s (xxxv) making arrangement for preparation of compost manure from night soil and rubbish ;\br@s (xxxvi) taking measures to promote trade and industry and establishing a 1Corporation bank ;\br@s (xxxvii) establishing Labour Welfare Centers for its employees and subsidizing the activities of any association, union or club of such employees by grant or loan for its general advancement ;\br@s (xxxviii) organizing or contributing to municipal board unions ;\br@s (xxxix) making provision for removal of social disabilities of scheduled castes and backward classes ;\br@s (xL) taking measures for the control and relief of beggary ;\br@s (xLi) with the previous sanction of the State Government the setting up and maintenance of a 1Corporation police force for taking over and discharging such police duties and in such manner as may be prescribed ;\br@s (xLii) with the previous sanction of the State Government, the undertaking of any commercial duty providing or promoting amenity or employment or removing unemployment ;\br@s (xLiii) the doing of anything whereupon expenditure is declared by the State Government or by the 1Corporation with the sanction of the State Government to be an appropriate charge on the 1Corporation fund:\br@s Provided that the State Government may in respect of any 1Corporation or all 1Corporations by notification in the official Gazette declare any of the functions mentioned in this section to be a duty of the 1Corporation or all 1Corporations and thereupon the provisions of this Act shall apply thereto as if it had been a duty imposed by section 114.\br@s

(1) The respective functions of the several 1Corporation authorities shall be such as are specifically prescribed by or under this Act.\br@s (2) In the event of any doubt or dispute arising as to which 1 Corporation authority any particular function belongs, the 2Municipal Commissioner may, and if the 2Mayor so requires shall, refer the doubt or dispute to the State Government whose decision shall be final and not open to question in any court of law.\br@s

(1) Except as otherwise expressly provided in the Act, the municipal administration of the City shall vest in the 1Corporation.\br@s 3 (1-A) Except as otherwise expressly provided in this Act, every Ward Committee shall be vested on behalf of the Corporation in relation to the area for which it has been constituted, with such powers and functions as may be prescribed by rules. \br@s (2) Except as otherwise expressly provided in this Act the Executive Committee shall be vested, for and on behalf of the 1Corporation, with the superintendence of the municipal administration of the City.\br@s (3) The Development Committee shall perform the functions and have the powers mentioned in Chapter XIV.\br@s (4) The functions and powers of a Committee appointed under clause (e) of section 5 shall be such as may be assigned to it by the 1Corporation with the previous sanction of the State Government.\br@s (5) Subject, whenever it is hereinafter expressly so directed to the sanction of the 1Corporation or of the Executive Committee, as the case may be, and subject to all other restrictions, limitations and conditions imposed by or under this Act, the executive power for the purposes of carrying out the provisions of this Act shall be vested in the 2Municipal Commissioner who shall also perform all the duties and exercise all the powers specifically imposed or conferred on him.\br@s (6) Without prejudice to the generality of the provisions of subsection (5), the 2Municipal Commissioner shall also—\br@s (a) subject to the provisions of this Act and the rules made thereunder, prescribe the duties of and exercise supervision and control over the acts and proceedings of all 1Corporation officers and servants other than the Mukhya Nagar Lekha Parikshak and the 1Corporation officers and servants immediately subordinate to him and dispose of all questions relating to the service of the said officers and servants and privileges and allowances ;\br@s (b) in any emergency take such immediate action for the eservice or safety of the public or the protection of the property of the 1Corporation as the emergency shall require notwithstanding that such action cannot be taken under this Act without the sanction, approval or authority of some other municipal authority or of the State Government :\br@s Provided that the 1 Municipal Commissioner shall report forthwith to the Executive Committee and to the 2Corporation the action taken by him and the reasons for taking the same and the amount of cost, any, incurred or likely to be incurred in consequence of such action not already covered by a budget grant :\br@s Provided further that the 1Municipal Commissioner shall not exercise his powers under this clause if the expenditure likely to be incurred over and above the budget grant in taking the particular action will—\br@s (a) exceed Rs. 10,000 or, where the Mayor concurs in the taking of that action, Rs. 20,000 ; or\br@s (b) together with any expenditure over and above the budget grant already incurred under this clause in the financial year, exceed Rs. 50,000, or, where the 1Mayor concurs in the taking of that action, Rs. 1,00,000.\br@s

The Mukhya Nagar Lekha Parikshak shall—\br@s (a) perform such duties as he is directed by or under this Act to perform and such other duties with regard to the audit of the accounts of the 2Corporation Fund as shall be required of him by the 2Corporation or by the Executive Committee ;\br@s (b) prescribe, subject to such directions as the Executive Committee may from time to time give, the duties of the auditors and assistant auditors, clerks and servants immediately subordinate to him ; and\br@s (c) subject to the orders of the Executive Committee, exercise supervision and control over the acts and proceedings of the said auditors, assistant auditors, clerks and servants and, subject to the rules dispose of all questions relating to the service, remuneration and privileges of the said auditors, assistant auditors, clerks and servants.\br@s

(1) Subject to the other provisions of this Act and the rules thereunder and subject to such conditions and restrictions as may be specified by the 2Corporation—\br@s (a) the 2Corporation may delegate to the Executive Committee or to the 1Municipal Commissioner any of its functions under this Act other than those specified in Part A of Schedule I ;\br@s (b) the Executive Committee may delegate to the 1Municipal Commissioner any of its functions under this Act other than those specified in Part B of Schedule I ;\br@s (c) the Development Committee may delegate to the 1Municipal Commissioner any of its functions under this Act other than those specified in Part C of Schedule I :\br@s (d) the 1Municipal Commissioner may delegate to any municipal servants any of its functions other than those specified in Part D of Schedule I ;\br@s Provided that the State Government may from time to time by notification in the official Gazette declare any function specified in Part A, Part B, Part C or Part D of Schedule I to be delegable or any function not specified therein to be non-delegable and upon such declaration that function may be delegated ro shall cease to be delegable, as the case may be, as if it were not specified in Schedule I or were specified therein.\br@s (2) Whenever there is delegation of functions by the 1Municipal Commissioner, a copy of the order by which delegation is made shall be placed before the Executive Committee for information.\br@s (3) Notwithstanding the delegation by the 1Municipal Commissioner of any function under the Act under this section, the 1Municipal Commissioner shall continue to be responsible for the due performance of the function.\br@s

(1) Any powers, duties and functions conferred or imposed upon or vested in the 2Corporation by any other law for the time being in force shall, subject to the provisions of such law and to such restrictions, limitations and conditions as the 2Corporation may impose, be exercised, performed or discharged by the 1Municipal Commissioner.\br@s (2) The 1 Municipal Commissioner may, subject to any rules in that behalf, by order in writing of which a copy shall be placed before the Executive Committee for information empower any 2Corporation Officer other than the Mukhya Nagar Lekha Parikshak to exercise, perform or discharge any such power, duty or function under the control of the 1Municipal Commissioner and subject to his revision and to such conditions and limitations, if any, as he may think fit to impose.\br@s

The 1Corporation may at any time call for any extract from any proceedings of any Committee or sub-committee constituted under this Act, and call for a return, statement, account or report concerning or connected with any matter with which any such Committee or sub-committee as is empowered by or under this Act to deal, and every such requisition shall be complied with by the Committee or sub-committee, as the case may be, without unreasonable delay.\br@s

(1) The 1Corporation or the Executive Committee may at any time require the 2Municipal Commissioner—\br@s (a) to produce any record, correspondence, plan or other document which is in his possession or under his control as 2Municipal Commissioner or which is recorded on files in his office or in the office of any 1Corporation officer or servant subordinate to him;\br@s (b) to furnish any return, plan, estimate, statement, account or statistics concerning or connected with any matter appertaining to the administration of this Act or the municipal administration of the City ;\br@s (c) to furnish a report by himself or to obtain from any officer subordinate to him and furnish, with his own officer subordinate to him and furnish, with his own remarks thereon, a report, upon any subject concerning or connected with the administration of this Act or the municipal administration of the City.\br@s (2) The 2Municipal Commissioner shall comply with every such requisition unless in his opinion immediate compliance therewith would be prejudicial to the interest of the 1Corporation or of the public, in which case he shall make a declaration in writing to that effect and shall if required by the 1Corporation or the Executive Committee refer the question to the 2Mayor whose decision shall be final.\br@s

The exercise by any 1Corporation authority of any power conferred or the performance of any duty imposed by or under this Act which will involve expenditure shall, except where it is expressly provided otherwise by or under this Act, be subject to the conditions that —\br@s (a) such expenditure, so far as it is to be incurred in the financial year in which such power is exercised or duty performed, is provided for under a budget grant, and\br@s (b) if the exercise of such power or the performance of such duty involves or is likely to involve expenditure for any period or at any time after the close of the said financial year, the sanction of the 1 Corporation is taken before the liability for such expenditure is incurred.\br@s

(1) The State Government may make rules for the purpose of carrying into effect the provisions of this Chapter.\br@s (2) Without prejudice to the generality of the foregoing power such rules may provide for —\br@s (a) the manner of approval of the description and position of boundary marks under clause (i) of section 114;\br@s (b) the manner and the procedure relating to the discharge of duties or fulfillment of obligations referred to in sections 114 and 115, in cases for which no specific provision has been made in the Act;\br@s (c) the procedure relating to the exercise of powers of superintendence by the Executive Committee of the municipal administration of the City ;\br@s (d) the manner in which the executive powers shall be exercised by the 2Municipal Commissioner ;\br@s (e) the matters relating to the duties, supervision and control of the 1Corporation Officers and servants referred to in clause (a) of subsection (6) of section 117 ;\br@s (f) the decision of doubts about functions of officers and servants subordinate to the 2Municipal Commissioner ;\br@s (g) the matters relating to the delegation of powers of the 2Municipal Commissioner to any other officer under section 119 and sub-section (2) of section 120 ;\br@s (h) the procedure relating to the delegation of his powers by the 2Municipal Commissioner under sub-section (2) of section 120 ;\br@s (i) the manner in which requisition for production of extracts from proceedings or other documents or papers, etc., shall be made under section 121 and 122 ;\br@s (j) the procedure relating to the compliance of such requisition ;\br@s (k) the manner in which the question regarding production of documents or other papers under sub-section (1) of section 122 shall be referred to the 2Mayor for final decision ;\br@s (l) the manner in which declaration of the 2Municipal Commissioner under sub-section (2) of section 122 shall be communicated to the 1Corporation;\br@s (m) the guidance generally of the 1 Corporation or the 2 Municipal Commissioner in any matter connected with the discharge of their duties or performance of their functions or exercise of their powers under this Chapter, and\br@s (n) the matters which are to be or may be prescribed under this Chapter.\br@s

(1) The 1Corporation shall, for the purposes of this Act, have power to acquire, hold and dispose of property or any interest therein whether within or without the limits of the City.\br@s (2) All property and interests in property acquired by the 1Corporation shall vest in the 1Corporation for the purposes of this Act and subject to its provisions.\br@s (3) Any immovable property which may be transferred to the 1Corporation by the Government shall be held by it, subject to such conditions including resumption by the Government on the occurrence of a specified contingency and shall be applied to such purposes as the Government may impose or specify while making the transfer.\br@s

(1) As from the appointed day—\br@s (a) all property, interest in property and assets including cash balances, wherever situate which immediately before such day were wasted in any 3Municipal Council Improvement Trust or other local authority having jurisdiction both within and outside such area shall, unless otherwise directed by the State Government, vest in and be held by the 1Corporation of such City, for the purposes of this Act, and\br@s (b) all rights, liabilities and obligations of the aforesaid 3Municipal Council Improvement Trust or other local authority whether arising out of any contract or otherwise, existing immediately before such day shall be the rights, liabilities and obligations of such 1Corporation.\br@s (2) Where any doubt or dispute arises as to whether any property, interest or asset has vested in a 1Corporation under subsection (1) or any rights, liabilities or obligations have become the rights, liabilities or obligations of a 1Corporation such doubt or dispute shall be referred by the 1Municipal Commissioner to the State Government whose decision shall unless superseded by any decision of a court of law be final.\br@s

(1) All acquisitions of property shall be made by the 1Municipal Commissioner on behalf of the 2Corporation.\br@s (2) Wherever it is provided that the 1Municipal Commissioner may acquire of wherever it is necessary or expedient for any purpose of this Act that the 1Municipal Commissioner shall acquire any movable or immovable property within or without the City or any interest in such property, the same may be acquired by the 1Municipal Commissioner, whether by agreement or otherwise :\br@s Provided that—\br@s (a) the 1Municipal Commissioner shall be bound by any resolution of the Executive Committee fixing terms, rates or maximum prices for a particulars case or for any class of cases ;\br@s (b) the sanction of the Executive Committee shall be required—\br@s (i) for the compulsory acquisition of any property,\br@s (ii) for the exchange of any immovable property,\br@s (iii) for the taking of any property on lease for a term exceeding twelve months, or\br@s (iv) for the acceptance of any gift or bequest of property burdened by an obligation, and\br@s (c) the sanction of the 2Corporation shall be required—\br@s (i) for the acceptance or acquisition of any immovable property, if the value of the property which it is proposed to accept, acquire or give in exchange, exceeds five thousand rupees,\br@s (ii) for the taking of any property on lease for a term exceeding three years, or\br@s (iii) for the acceptance of any gift or bequest or property burdened by an obligation if the value of such property exceeds five thousand rupees.\br@s

(1) The 2Corporation shall, for the purposes of this Act, and subject to the provisions thereof and rules made thereunder, have power to sell, let on hire, lease, exchange, mortgage, grant or otherwise dispose of any property of any interest therein acquired by or vested in the 2Corporation under this Act :\br@s Provided that no property transferred to the 1Corporation by the Government shall be sold, let on hire, exchanged or mortgaged or otherwise conveyed in any manner contrary to the terms of the transfer except with the prior sanction of the State Government.\br@s 2 (2) For safeguarding the interest of weaker section of the society in an urban area, the State Government may issue directions as it may think fit with respect to the acquired or vested land in a municipal Corporation. \br@s

With respect to the disposal of property belonging to the 1Corporation the following provisions shall have effect, namely ;\br@s (1) Every disposal of property belonging to the 1Corporation shall be made by the 3 Municipal Commissioner on behalf of the 1Corporation.\br@s (2) The 3Municipal Commissioner may, in his discretion, dispose of by sale, letting out on hire or otherwise, any movable property belonging to the 1Corporation not exceeding in value in each instance five hundred rupees or such higher amount as the 1Corporation may, with the approval of the State Government, from time to time determine, or grant a lease of any immovable property belonging to the 1Corporation including any right of fishing or of gathering and taking fruit, and the like, for any period not exceeding twelve months at a time:\br@s Provided that the 3Municipal Commissioner shall report to the Executive Committee every lease of immovable property within fifteen days of the grant thereof unless it is a contract for a monthly tenancy or the annual rent thereof does not exceed three thousand rupees.\br@s (3) The 3Municipal Commissioner may with the sanction of the Executive Committee dispose of by sale, letting out on hire or otherwise any movable property belonging to the 1Corporation, of which the value does not exceed five thousand rupees ; and may with the like sanction grant a lease of any immovable property belonging to the 1Corporation, including any such right as aforesaid, for any period exceeding one year or sell or grant a lease in perpetuity of any immovable property belonging to the 1Corporation the value or premium whereof does not exceed fifty thousand rupees or the annual rental whereof does not exceed three thousand rupees\br@s. (4) The 3Municipal Commissioner may with the sanction of the 1Corporation lease, sell, let out on hire or otherwise convey any property, movable or immovable, belonging to the 1Corporation.\br@s 1 (5) Except as provided in sub-sections (5-A) and (5-B), no immovable property belonging to the 2 Corporation shall be sold, leased or otherwise transferred for a sum less than the market value thereof except in the case of sale, lease or other transfer or land—\br@s (a) to a statutory corporation,\br@s (b) to a person displaced from any land (not being land held in occupied for purposes connected with agriculture, horticulture or animal husbandry which includes pisciculture and poultry farming) or building by reason of the compulsory acquisition thereof under this Adhiniyam and who does not own any land or building within the city, or\br@s (c) for an educational culture or other charitable purpose (not including the practice or propagation of any religion and not involving discrimination in respect of the beneficiaries on the ground of religion, caste or place of birth) in a society registered under the Societies Registration Act, 1861:\br@s Provided that except in the case of a sale, lease or other transfer of land with the previous approval of the State Government, the value of any concession so granted shall not exceed—\br@s (i) in the case of lease, one-half of the anual rental value;\br@s (ii) in the case of any other tranfer, one-half of the market value or ten thousand rupees whichever is less.\br@s Explanation—If any question arises as to the value of a proposed concession or as to whether the purpose of a proposed transfer is an educational, cultural or other charitable purpose asaforesaid the decision of the State Government shall be final.\br@s (5-A) A house built or a plot of land acquired by the 2Corporation from a loan granted by the Central Government or the State Government or any other authority be sold, leased or otherwise transferred by the 2Corporation in accordance with the terms and conditions of such loan.\br@s (5-B) Subject to any general or special order of the State Government in that behalf, a house or a house-site belonging to the 2Corporation may be sold, leased or otherwise transferred either free of cost or on such concessional term as the 2Corporation thinks fit, in favour of any member of the armed forces of the Union in whose favour the prescribed authority under the Indian Soldiers (Litigation) Act, 1925 has issued a certificate that he has been disabled by enemy action or where the said prescribed authority has certified that he has died by enemy action, then in favour of such of his heirs as were dependant on him at the time of his death.’’\br@s (6) The sanction of the Executive Committee or of the 1Corporation under sub-section (3) or sub-section (4) may be given either generally or any class of cases or specially in any particular case.\br@s (7) The aforesaid provisions of this section and the provisions of the rules shall apply to every disposal of property belonging to the 1Corporation made under or for any purposes of this Act.\br@s

The provisions of Chapter VII of the Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965, shall apply in relation to any premises belonging to or vesting in the 2Corporation of taken on lease by the 2Corporation for the purposes of this Act as they apply in relation to ‘Board premises’ as defined in that Act and the references therein to the Board and in that Act and the references therein to the Board and matters prescribed under that Act shall respectively be construed as references to the 2Corporation and matters prescribed under this Act.\br@s

(1) Whenever the 3 Municipal Commissioner is unableunder section 127 to acquire by agreement any immovable property or any easement affecting any immovable property vested in easement affecting any immovable property vested in the 2Corporation is required for the purposes of this Act, the State Government may, in its discretion, upon the application of the 3Municipal Commissioner, made with the approval of the Executive Committee and subject to the other provisions of this half of the 2Corporation, as if such property or easement were land needed for a public purpose within the meaning of the Land Acquisition Act, 1894 or other law which may be applicable to the case.\br@s (2) Whenever an application is made under sub-section (1) for the acquisition of land for the purpose of providing a new street or for widening or improving an existing street it shall be lawful for the 1Municipal Commissioner to apply for the acquisition of such additional land immediately adjoining the land to be occupied by such new street or existing street as is required for the sites of buildings to be erected on either side of the street, and such additional land shall be deemed to be required for the purposes of this Act.\br@s (3) This section does not apply to the acquisition under Chapter XIV.\br@s

Subject to the provisions of this Act, the 1Corporation shall have power to enter into contracts which may be necessary or expedient under or for any purposes of this Act. \br@s

(1) All contracts referred to in section 131 including contracts relating to the acquisition and disposal of immovable property or any interest therein made in connexion with the affairs of the 1Corporation under this Act, shall be expressed to be made, for and on behalf of the 1Corporation, and all such contracts and all assurances of property made in exercise of that power shall be executed, for and on behalf of the 1Corporation, by the 2Municipal Commissioner or by such other officer of the 1Corporation as may be authorized in writing by the 2Municipal Commissioner either generally or for any particular case or class of cases.\br@s (2) No contract for any purpose, which in accordance with any provisions of this Act or any rules made thereunder the 2Municipal Commissioner may not carry out without the sanction of one of the other 1Corporation authorities, shall be made by him unless such sanction has been given.\br@s (3) No contract involving an expenditure exceeding 3fifteen lakh rupees and not exceeding 3twenty lakh rupees shall be made by the 2Municipal Commissioner unless it has been sanctioned by the Executive Committee.\br@s 4(3-A). No contract involving an expenditure exceeding 5ten lakhs rupees and not exceeding 5fifteen lakh rupees shall be made by the Municipal Commissioner unless it has been sanctioned by the Mayor. \br@s (4) No contract involving an expenditure exceeding 6 twenty lakh rupees shall be made by the 2Municipal Commissioner unless it has been sanctioned by the 1Corporation. (5) Every contract made by the 1 Municipal Commissioner involving an expenditure exceeding 2 five lakh rupees and not exceeding 2ten lakh rupees shall be reported to the Executive Committee within fifteen days after it has been made.\br@s (6) The foregoing provisions of this section shall apply to every variation or discharge of a contract as well as to an original contract.\br@s 3(7) The State Government may, by notification in the Gazette, modify the monetary limits specified in 4sub-section (3) or sub-section (3-A) or sub-section (4) or sub-section (5) keeping in view the rise in costs or the exigencies of work and efficiency of Corporations. \br@s

(1) Every contract entered into by the 1Municipal Commissioner on behalf of the 5Corporation shall be entered into in such manner and form as would bind him if it were made on his own behalf and may in like manner and form be varied or discharged :\br@s Provided that—\br@s (a) the common seal of the 5Corporation shall be affixed to every contract which, if made between private persons, would require to be under seal, and\br@s (b) every contract for the execution of any work or the supply of any materials or goods which will involve an expenditure exceeding two thousand and five hundred rupees shall be in writing, shall be sealed with the seal of the 5Corporation and shall specify—\br@s (i) the work to be done or the materials or goods to be supplied as the case may be ;\br@s (ii) the price to be paid for such work, materials, or goods ; and\br@s (iii) the time or times within which the contract or specified portion thereof shall be carried out.\br@s (2) The common seal of the 5Corporation shall remain in the custody of the 1Municipal Commissioner and shall not be affixed to any contract or other instrument except in the presence of a 5Corporator 6*** who shall attach his signature to the contract or instrument in token that the same was sealed in his presence.\br@s (3) The signature of the said 1 3Corporator 2 *** shall be distinct from the signature of any witness to the execution of such contract or instrument.\br@s (4) No contract executed otherwise than as provided in this section shall be binding on the 1Corporation.\br@s

The 1Corporation may determine either generally for any class of cases or specially for any particular case whether the 3Municipal Commissioner shall execute the work by a contract or otherwise.\br@s

(1) The 2Municipal Commissioner may sanction any estimate the amount of which does not exceed 5ten lakh rupees ;\br@s 6 * * * \br@s 7 (1-A) the Mayor may sanction any estimate not exceeding 8fifteen lakh rupees \br@s (2) The Executive Committee may sanction any estimate the amount of which does not exceed 9twenty lakh rupees.\br@s 10(3) The State Government may, by notification in the Gazette, modify the monetary limits specified in sub-section (1) or sub-section\br@s (2) keeping in view the rise of costs or the exigencies of the work and efficiency of Corporation. \br@s

(1) Where a project is framed for the execution of any work or series of works the entire estimated cost of which exceeds 9twenty lakh rupees,–\br@s (a) the 3Municipal Commissioner shall cause a detailed report to be prepared including such estimates and drawings as may be requisite and forward the same to the Executive Committee who shall submit the same before the 1Corporation with its suggestions if any ;\br@s (b) the 1 Corporation shall consider the report and the suggestions and may reject the project or may approve it either in its entirety or subject to modifications;\br@s (2) (a) Where the 1Corporation approves the project and the entire estimated cost exceeds 2thirty lakh rupees the report, subject to any modifications as aforesaid, shall be submitted to the State Government;\br@s (b) The State Government may reject the project or may sanction it either in its entirety or subject to modifications;\br@s (c) The work shall not be commenced before the project has been sanctioned by the State Government with or without modifications.\br@s (d) No material change in the project sanctioned as aforesaid shall be carried into effect without the sanction of the State Government.\br@s Explanation— In this section and in section 135 the expression “estimate” means the total estimate for the whole of a project including the whole of the series of transactions constituting the project.\br@s 3(3) The State Government may, by notification in the Gazette, modify the monetary limits specified in sub-section (1) or sub-section (2) keeping in view the rise of costs or the exigencies of the work and efficiency of Corporation.\br@s

Notwithstanding anything contained in this Act, every contract or estimate in respect of an urban development project sponsored by the Government of India or receiving aid from the Word Bank or any other foreign Organisation, shall be made or sanctioned in accordance with the scheme approved by the Government :\br@s Provided that the meeting of the Corporation for sanction of funds for such Urban development projects shall be convened and decision taken within one month from the date of approval of the project by the State Government :\br@s Provided further that if the meeting of the Corporation is not convinced decision is not taken within the time specified in the first proviso, the Corporation shall be deemed to have sanctioned the fund and if the sanction is refused or as accorded with modification, the matter shall be referred to the State Government and the decision of the State Government shall be final and binding on the Corporation and the Corporation shall be deemed to have sanctioned the fund accordingly. The 1 Municipal Commissioner may thereupon execute the project, spend funds and ensure the completion of project within the stipulated time;\br@s Provided also that the Corporation shall undertake regular monitoring projects and shall send its report to the State Government.\br@s

A covenant concerning any immovable property for the purposes of this Act entered into with the 2Corporation by the owner of such property or by any person to whom such property of the 2Corporation has been transferred by sale or exchange shall be enforceable by the 2Corporation against any person deriving title under the covenanter notwithstanding that the 2Corporation is not in possession of, or interested in, any immovable property for the benefit of which the covenant was entered into, in the like manner and to the like extent as if it had been possessed of or interested in such property.\br@s

(1) Notwithstanding anything to the contrary contained in any other provisions of this Act, a Municipal Corporation may, in the discharge of its functions specified in sections 114 and 115,— (a) promote the undertaking of any project for supply of urban infrastructure or services by participation of a person, company, firm society, trust or anybody corporate or any institution, or Government agency or any agency under any other law for the time being in force, in financing, construction, maintenance and operation of such projects of a Municipal Corporation irrespective of its cost ; (b) consider and approve the undertaking of any project relating to urban infrastructure or services by a person or company, or firm or society, or body corporate, or institution, or Government agency or any agency in terms of a private sector participation agreement or jointly with any such agency; and (2) Without prejudice to the generality of the foregoing provisions of this section, such agreements include the following;\br@s (a) Build-Own-Operate-Transfer Agreement;\br@s (b) Build-Own-Operate-Maintain Agreement;\br@s (c) Build and Transfer Agreement;\br@s (d) Build-Lease-Transfer Agreement;\br@s (e) Build Transfer Operate Agreement;\br@s (f) Lease and Management Agreement;\br@s (g) Management Agreement;\br@s (h) Rehabilitate Operate-Transfer Agreement;\br@s (i) Rehabilitate-Own-Operate-Maintain Agreement;\br@s (j) Service Contract Agreement; and\br@s (k) Supply-Operate-Transfer Agreement.\br@s (3) in the discharge of its obligations for providing urban infrastructure and services in relation to water supply, drainage and sewerage, solid waste management, urban, transport, parks, playgrounds, health and hygiene, recreation and community centers and other civic amenities and facilities and commercial infrastructure, the Municipal Corporation may, wherever considered appropriate in the public interest, —\br@s (a) discharge any of its obligations on its own; or\br@s (b) enter into any private sector participation agreement. \br@s

(1) The State Government may make rules for the purpose of carrying into effect the provisions of this Chapter.\br@s (2) Without prejudice to the generality of the foregoing powers, such rules may provide for—\br@s (a) the procedure for ascertaining the property and assets to be vested in the 1 Corporation under clause (a) of sub-section (1) of section 126 ;\br@s (b) the procedure for ascertaining the rights, liabilities and obligations of the 1Corporation under clause (b) of sub-section (1) of section 126 ;\br@s (c) the procedure in general for the purchase or acquisition of the property, for and on behalf of the 1Corporation, or sale, lease, hire, exchange, grant or disposal of the property vested in or acquired by the 1Corporation ;\br@s (d) the terms and the rates at which any immovable property may be purchased or acquired by agreement for the 1Corporation ;\br@s (e) the payment of the expenses and the compensation awarded and other charges incurred for the compulsory acquisition of property for and on behalf of the 1Corporation ;\br@s (f) the procedure relating to entering into contracts ;\br@s (g) the manner in which contracts may be executed ;\br@s (h) the security to be demanded for the due performance of contracts ;\br@s (i) the preparation and sanctioning of detained plans and estimates for works and the calling, examination and acceptance of tenders ;\br@s (j) the execution of works and conditions of sanction ;\br@s (k) the maters which are to be or may be prescribed. \br@s

(1) The Finance Commission shall review the financial position of the corporation and make recommendations to the Governor as to,—\br@s (a) the principal which should govern—\br@s (i) the distribution between the State and the Corporation of the new proceeds of the taxes, duties, tolls and fees leviable by the State which may be divided between them and allocation of share or such proceeds to the Corporations ;\br@s (ii) the determination of the taxes, duties, tolls and fees which may be to assigned appropriated by the Corporation ;\br@s (iii) the grants-in-aid to the Corporation from the Consolidated Fund of the State ;\br@s (b) the measures needed to improve the financial position of the Corporation ;\br@s (c) any other matter referred to the Finance Commission by the Governor in the interest of sound finance of the Corporation.\br@s (2) Every recommendation of the Finance Commission made under sub-section (1) shall together with an explanatory memorandum as to the action taken thereon, be laid before both the Houses of the State Legislature. \br@s

(1) There shall be established a Fund for each 1Corporation, hereinafter called the 1Corporation Fund, and, subject to the provisions of this Act and the rules made thereunder, there shall be placed at the credit thereof all moneys received by or on behalf of the 1Corporation under this Act or any other law, or contract, including,—\br@s (a) the proceeds of the property of the 1Corporation ;\br@s (b) the rents of the property of the 1Corporation ;\br@s (e) the proceeds of all taxes or fees and fines (other than fines imposed by a court), levied by or under this Act ;\br@s (d) all moneys received by way of compensation or for compounding offences under the provisions of this Act ;\br@s (e) all interest and profits arising from any investment of, or from any transaction in connection with, any money belonging to the 2Corporation ;\br@s (f) all moneys received by or on behalf of the 1Corporation from the Government 2including grants-in-aid from the Consolidated Fund of the State or public bodies, private bodies or other persons by way of grant, gift or deposit, subject, however, to the conditions, if any, attached to such grant, gift or deposit.\br@s (2) All moneys payable to the credit of the 1Corporation Fund shall be received by the 3Municipal Commissioner and shall forthwith be paid into the State Bank of India 4or with the previous sanction of the State Government into the U. P. Co-operative Bank or such other scheduled bank or banks as the 1Corporation may appoint to the credit of an account which shall be styled “the account of the 1Corporation Fund of” :\br@s Provided that the 3Municipal Commissioner may, subject to any general or special direction issued by the Executive Committee, retain such balances in cash as may be necessary for current payments.\br@s (3) The 1Corporation 5shall constitute a Development Fund and may also constitute such special funds as may be prescribed and such other funds as may be necessary for the purposes of this Act. The constitution and disposal of such funds shall be effected in the manner prescribed.\br@s 1 (4) Twenty five per cent of the Development Fund constituted under sub-section (3) shall be non-lapsable and shall be earmarked and utilized to provide and promote services for the urban poor and the inhabitants of the slum areas.\br@s Explanation :— For the purposes of sub-section (4) “services” shall include basic environmental services, roads, primary education and health, housing, water supply, sanitation, social security and such like services. However, it shall not include establishment expenses (including salary and wages) not directly and specifically incurred for delivery of services. \br@s

the moneys credited to the 2Corporation Fund from time to time shall in the first place, be applied for payment of salaries and allowances of Safai Mazdoors and then in the following order of preference :–\br@s Firstly, in making due provision for the repayment of all loans payable by the 2Corporation under the provisions of Chapter VIII ;\br@s Secondly, in discharge of all liabilities imposed on the 2Corporation by clause (b) of sub-section (1) of section 126 ;\br@s Thirdly, in payment of all sums, charges and costs necessary for the purposes specified in sections 114 and 115, and for otherwise carrying this Act into effect, or of which the payment shall be duly sanctioned under any of the provisions of this Act inclusive of :–\br@s (a) the cost of auditing the 2Corporation accounts ;\br@s (b) the expenses of every election held under this Act ;\br@s (c) the salaries, allowances and contributions to pensions and leave salaries of the 3 Municipal Commissioner and of any other officer whose services may at the request of the 2Corporation be placed by the State Government at the disposal of the 2Corporation ;\br@s 4 (d) the salaries and allowances of 2Corporation officers and servants, other than Safai Mazdoors, and all pensions, gratuities, contributions and compassionate allowances payable to all officers and servants of 2Corporation under the provisions of this Act ; \br@s (e) the salaries and fees of experts for service or advice in connexion with any mater arising out of the administration or undertaking of the 2Corporation ;\br@s (f) all expenses and costs incurred by the 1Corporation or by any 1Corporation officer on behalf of the 1Corporation in the exercise of any power conferred, or the discharge of any duty imposed on it or them by this Act, including moneys which the 1Corporation is required or empowered to pay by way of compensation ;\br@s (g) every sum payable—\br@s (i) by order of the State Government or under an award made under the Arbitration Act, 1940, or a decree or order of a civil court, as the case may be ;\br@s (ii) under a decree or order of a civil or criminal court passed against the 2Municipal Commissioner ;\br@s (iii) under a compromise of any suit or other legal proceeding or claim ;\br@s (h) contributions to public institutions which the State Government may, after consulting he 1Corporation, declare to be in the interest of the inhabitants of the City.\br@s 3 Explanation— For the purposes of this section, a person shall deemed to be a Safai Mazdoor if he is employed by 1Corporation for the purposes of sweeping and cleaning of 1Corporation roads, lances, pathways, drains, sewers, latrines, and urinals, carrying of dead animals and refuge and for other jobs of the like nature.\br@s

No expenditure from the 1Corporation fund shall be incurred without the prior sanction in writing of the Director for the purpose of defraying the costs of any proceedings instituted or commenced in any court of law by or on behalf of any 1Municipal Corporation or the 2Mayor or any authority thereof in respect of any order made or purporting to have been made by the State Government under section 83, section 84 section 534, section 535, 5section 537 or section 538 .\br@s

(1) On the written requisition of the State Government or the Prescribed Authority the 2Municipal Commissioner may at any time undertake the execution of any work certified by the State Government or such authority as the case may be, to be urgently required for a work of public utility and for this purpose may make payments from the 1Corporation Fund so far as the same can be made without unduly interfering with the regular working of the municipal administration.\br@s (2) On receipt of requisition under sub-section (1) the 2Municipal Commissioner shall forthwith forward a copy thereof to the 1Corporation together with a report of the action taken by him thereon for its information.\br@s (3) The cost of all work executed under sub-section (1) and of the establishment engaged in executing the same shall be paid by the State Government and credited to the 1Corporation Fund.\br@s

(1) The account of the receipt and expenditure of the 1Corporation shall be maintained in such manner as may be prescribed.\br@s (2) The Mukhya Nagar Lekha Parikshak shall conduct a monthly examination and audit of the 1Corporation accounts and shall within a month report thereon to the Executive Committee who shall publish monthly an abstract of the receipts and expenditure of the month last preceding, signed by not less than two members of that committee and by the Mukhya Nagar Lekha Parikshak.\br@s (3) The Executive Committee may also from time to time and for such period as they think fit conduct independently and examination and audit of the 1Corporation accounts.\br@s

The State Government may at any time direct special examination and audit of 1Corporation accounts for such period as they think fit by auditors appointed by the State Government in that behalf and a report of such examination and audit shall be submitted by the said auditors to the State Government.\br@s

(1) For the purposes of examination and audit of accounts under section 142 or 143 the Mukhya Nagar Lekha Parikshak and the auditors appointed under section 143 shall have access to all the 1Corporation accounts and to all records and correspondence relating thereto and the 2Municipal Commissioner shall forthwith furnish to the said auditors or to the Executive Committee any explanation concerning receipts and disposal which they may call for.\br@s (2) All charges, fees and expenses necessary for the examination and audit of accounts under these sections shall be paid by the 1Corporation.\br@s

(1) The 2Municipal Commissioner shall, as soon as may be after the first day of April in each year, have prepared a detailed report of the 1Corporation administration of the City, during the previous official year, together with a statement showing the accounts of the receipts and disbursements credited and debited to the 1Corporation Fund during the said year and the balance at the credit of the Fund at the close of the said year and shall submit the same to the Executive Committee.\br@s (2) The report shall be in such form and shall contain such information as the Executive Committee may from time to time direct.\br@s (3) The Executive Committee shall then examine the report and the statement, and a copy of the said statement together with a copy of the Committee’s review shall be forwarded to the State Government and to each member and copies thereof shall also be placed on sale at the 1Corporation office.\br@s

(1) The 2Municipal Commissioner shall on or before the tenth day of December each year in the case of indebted 1Corporations cause to be prepared and laid before the Executive Committee in such form as may be prescribed and in such manner as the Executive Committee may approve budget estimates of the income and expenditure of the 1Corporation Fund for the next financial year.\br@s (2) Such estimates shall —\br@s (a) take into account loans and grants from Government ;\br@s (b) provide for the repayment of all loans including loans taken from Government with interest due thereon, for the repayment of which the 1Corporation is liable;\br@s (c) provide for the discharge of liabilities imposed on the 1Corporation by clause (b) of sub-section (1) of section 126 ;\br@s (d) provide for the payment in convenient installments or lump sum from the 1Corporation fund of an amount equal to the grant assigned for education ;\br@s (e) allow for each balance at the end of the said year of not less than such sum as may be prescribed by the state Government ;\br@s (f) provide for a sum of money not exceeding five thousand rupees to be spent by the 2Mayor in his discretion on any one or more of the matters specified in section 114 or 115.\br@s 3 (g) provide the budget for the urban poor. \br@s (3) The Executive Committee shall, on or as soon as may be after the tenth day of December or January, as the case may be, consider the budget estimates prepared by the 2Municipal Commissioner and make such modifications thereto as it shall think fit and submit the same to the 1Corporation not later than the fifteenth day of January following in the case of indebted 1Corporation and the fifteenth day of February in other cases.\br@s (4) The 1Corporation shall finally adopt the budget estimates before March 1, if it is an indebted 1Corporation and before eth beginning of the year to which they relate, the budget estimates as prepared by the 2Municipal Commissioner or if the Executive Committee has submitted budget estimates under sub-section (3), such budget estimates shall be deemed to be the budget estimates for that year until action has been taken by the 1Corporation :\br@s Provided that if for any reason the 1Corporation has not finally adopted the budget estimates before the commencement of the financial year to which they relate, the budget estimates as prepared by the 2Municipal Commissioner or if the Executive Committee has submitted budget estimates under sub-section (3), such budget estimates shall be deemed to be the budget estimates for that year until action has been taken by the 1Corporation :\br@s Provided further that in the case of an indebted 1Corporation the adoption of budget estimates under this sub-section shall be subject to confirmation by the State Government.\br@s

As soon as may be after the first day of September if it is an indebted 1Corporation and the first day of October if it is not an indebted 1Corporation revised budget estimates for the year shall be adopted by the 1Corporation and the revised estimate shall, as far as may be, but subject to the modifications mentioned herein, be subject to all the provisions of section 146.\br@s Modifications :\br@s (i) In sub-sections (1) and (3) of section 146 for “tenth day of December” and “tenth day of January”, “tenth day of August” and “tenth day of September”, shall respectively be deemed to be substituted;\br@s (ii) In sub-section (3) of section 146 for “fifteenth day of January” and “fifteenth day of February”, “fifteenth day of August” and “fifteenth day of September” shall respectively be deemed to be substituted, and\br@s (iii) For the first proviso at the end of the section the following proviso shall be deemed to be substituted :\br@s “Provided that as long as the 1Corporation has not adopted the revised budget estimates the budget estimates in force under the provisions of this Act on the first day of October of the year in question shall subject to the provisions of sections 149 and 151 remain the budget estimates for the year.”\br@s

The 1Corporation shall, on or before February 15 if it is an indebted 1Corporation but on or before March 15 otherwise, after considering the proposal of the Executive Committee, determine, subject to the limitations and conditions prescribed in Chapter IX the rates at which 1Corporation taxes referred to in sub-section (1) ofsection 172 shall be levied in the next ensuing financial year.\br@s

(1) On the recommendation of the Executive Committee the 1 Corporation may, from time to time during a financial year, increase the amount of any budget grant, or make an additional budget grant for the purpose of meeting any special or unforeseen requirement arising during the said year, but not so that the estimated cash balance at the close of the year exclusive of the balance if any, of any special fund shall be reduced below the amount prescribed under clause (e) of sub-section (2) of section 146 or such higher amount as may have been fixed for the time being in this behalf by the 1Corporation in the case of either the 1Corporation Fund or other special funds.\br@s (2) Such increased or addition budget grants shall be deemed to be included in the budget estimates approved by the 1Corporation for the year in which they are made.\br@s (3) Reductions in and transfers from one budget head to another or within a budget head shall be made in accordance with the rules by the Executive Committee.\br@s

Except as may be provided by rules in this behalf, no expenditure shall be incurred or payment made of any sum out of the 1Corporation Fund unless the same is covered by a current budget grant, and sufficient balance of such budget grant is still available, notwithstanding any reduction or transfer thereof which may have been made in accordance with the provisions of sub-section (3) of section 149.\br@s

The 1Corporation may vary or alter from time to time as circumstances may render desirable, the budget estimates adopted under section 146 or section 147:\br@s Provided that in the case of an indebted 1Corporation every variation or alteration under this section shall be subject to confirmation by the State Government.\br@s

Where in the opinion of the State Government the condition of indebtedness of any 1Corporation is such as to make the control of the State Government over its budget desirable, the StateGovernment may by order notified in the official Gazette declare that such is the case and such 1Corporation shall for the purposes of this Act be deemed to be an indebted 1Corporation.\br@s

(1) The 3Mayor, 4 * * * , and every member, officer and servant of the 1Corporation shall be liable to surcharge for the loss, waste or misapplication of any money or property of the 1 Corporation, if such loss, waste or misapplication is a direct consequence of his neglect or misconduct while acting as such 2Mayor, 3 * * * , member, officer or servant.\br@s (2) The procedure of surcharge and the manner of recovery of the amount involved in loss, waste or misapplication shall be such as may be prescribed by rules.\br@s (3) Where no surcharge proceedings are taken the 1Corporation may with the previous sanction of the State Government institute a suit for compensation against such 2Mayor, 3 * * * , member, officer or Servant. \br@s

The State Government may make rules to carry out all or any of the purposes of this Chapter, and in particular, without affecting the generality of the power conferred hereby, make rules for the following purposes —\br@s (a) receiving of payments by the 2Municipal Commissioner to the account of the 1Corporation Fund and lodging of the moneys received in a bank or banks ;\br@s (b) operation of the funds of the 1Corporation ;\br@s (c) deposit of portion of 1Corporation Fund with bank or agency outside the City ;\br@s (d) investment of surplus moneys ; (e) the accounts to be kept by the 1Corporation, the manner in which accounts shall be audited, published and the power of auditors in respect of disallowance and surcharge 4and the manner in which surcharge proceedings will be undertaken ;\br@s (f) reductions in or transfers from one budget head to another or within a budget head ; (g) preparation of annual administration report and statement of accounts ;\br@s (h) manner of keeping of 1Corporation accounts.\br@s

(1) The 1Corporation may, with the previous sanction of the State Government and subject to the provisions of section 31 of the Reserve Bank of India Act, 1934 from time to time, borrow or re-borrowand take up at interest by the issue of debentures or otherwise on the security of any immovable property vested in the 1Corporation or proposed to be acquired by it under this Act or of all or any taxes, duties, tolls, cesses, fees, and dues which it is authorized to levy for the purposes of this Act, or of all or any of those securities, any sum necessary for the purpose of —\br@s (a) defraying any costs, charges or expenses, incurred by it in the execution of this Act ;\br@s (b) for discharging any loan contracted under this Act or any other loan or debt for the repayment of which the 1Corporation is liable\br@s (c) generally for carrying out the purposes of this Act, including the advance of loans authorized thereunder :\br@s Provided that—\br@s (i) no loan shall be raised for the execution of any work other than a permanent work which expression shall include any work of which the cost should, in the opinion of the State Government, be spread over a term of years ;\br@s (ii) no loan shall be raised unless the State Government has approved the purpose and amount of the loan, the rate of interest and other terms thereof including the date of flotation and the period and method of repayment ;\br@s (iii) the period within which the loan is to be repaid shall in no case exceed thirty years.\br@s (2) When any sum of money has been borrowed or re-borrowed under sub-section (1) —\br@s (a) no portion thereof shall without the previous sanction of the State Government, be applied to any purpose other than that for which it was borrowed ; and\br@s (b) no portion of any sum of money borrowed or re-borrowed for the execution of any work shall be applied to the payment of salaries or allowances of any 1Corporation officer or servant other than those who are exclusively employed upon the work for the construction of which the money was borrowed, or for meeting expenditure of recurring nature :\br@s Provided that such share of the cost on account of the salaries and allowances of 1Corporation officers or servants employed in part upon the preparation of plans and estimates or the construction or supervision of or upon the maintenance of the accounts of such work as the Executive Committee may fix may be paid out of the sum so borrowed or re-borrowed.\br@s

Notwithstanding anything contained in section 154 but subject to the provisions of section 31 of the Reserve Bank of India Act, 1934 the 1Corporation may borrow for the purposes of this Act from any bank or banks in which the surplus moneys at the credit of the 1Corporation Fund may be deposited, against any public securities in which for the time being the cash balance of the 1Corporation may be invested :\br@s Provided that in the case of an indebted 1Corporation, borrowing under this section shall be made with the previous approval of the State Government.\br@s

(1) Every loan raised under section 154 shall be repaid within the time approved therefor under the said section and by such of the following methods as may be approved under the said provision, namely —\br@s (a) by payment from a sinking fund established under section 157 in respect of the loan ;\br@s (b) by equal payments of principal and interest ;\br@s (c) from any sum borrowed for the purpose under clause (b) of sub-section (1) of section 154 ;\br@s (d) partly from a sinking fund established under section 157 in respect of the loan and partly from money borrowed for the purpose under clause (b) of sub-section (1) of section 154;\br@s (e) by such other method including drawings as the State Government may specify.\br@s (2) In the case of a loan borrowed before the appointed day, repayment shall normally be made by the method which was in operation for the repayment of such loan or if there was no such method, by any of the methods specified in sub-section (1).\br@s

(1) Whenever the repayment of a loan from a sinking fund has been sanctioned under proviso (ii) to sub-section (1) of section 154, the 1Corporation shall establish such a fund and shall pay into it, on such dates as may have been approved under the said proviso, such sum as will, with accumulations of compound interest, be sufficient after payment of all expenses to pay off the loan within the period approved :\br@s Provided that if at any time the sum standing to the credit of the sinking fund established for the repayment of any loan is of such amount that, if allowed to accumulate at compound interest it will be sufficient to repay the loan within the period approved, then with the permission of the State Government further payments into such fund may be discontinued.\br@s (2) The 1Corporation may apply a sinking fund, or any part thereof, in or towards the discharge of the loan for which such fund is established, and, until such loan or part is wholly discharged, shall not apply the same for any other purpose.\br@s

(1) All moneys paid into a sinking fund shall, as soon as possible, be invested by the 1Corporation in the name of the 2Municipal Commissioner —\br@s (a) in Government securities, or\br@s (b) in securities guaranteed by Government, or\br@s (c) in debentures of the 1Corporation, and shall be held by the 1Corporation for the purpose of repaying from time to time the debentures issued by it.\br@s (2) All dividends, interest and other sums received in respect of any such investment shall, as soon as possible after receipt, be paid into the appropriate sinking fund and invested in the manner prescribed by sub-section (1).\br@s (3) Money standing to the credit of two or more sinking funds may, at the discretion of the 1Corporation be invested in a common fund, and it shall not be necessary for the 1Corporation to allocate the securities held in such investments among the several sinking funds.\br@s (4) When any part of sinking fund is invested in the debentures of the 1Corporation or is applied to paying of any part of a loan before the period fixed for repayment, the interest which would, otherwise have been payable on such debentures or on such part of the loan, shall be paid into the sinking fund and invested in the manner laid down in sub-section (1).\br@s (5) Any investment made under this section may, subject to the provisions of sub-section (1), be varied or transposed :\br@s Provided that whenever any transposition is made the sinking fund from which any part is transposed shall be increased by a sum equal to the sum transposed.\br@s (6) During the year in which the loan for the repayment of which a sinking fund is established is due for repayment, the sum to be set part as portion of the principal of such sinking fund and the sum received on account of interest on moneys forming part of such sinking fund may be retained by the 1Corporation in such form as it thinks fit.\br@s

(1) In respect of any sinking funds which by this Act the 1Corporation is directed or authorized to invest in public securities and in respect of any surplus moneys which by this Act the 1 Municipal Commissioner on behalf of the 2 Corporation is empowered to invest in the securities, it shall be lawful for the 2Corporation to reserve and set part for the purpose of any such investment, any debentures issued or to be issued on account of any loan for which the sanction of the State Government shall have been duly obtained :\br@s Provided that the intention so to reserve and set apart such debentures shall have been notified to the State Government as a condition of the issue of the loan.\br@s (2) The issue of any such debentures direct to an in the name of the 1Municipal Commissioner on behalf of the 2Corporation shall not operate to extinguish or cancel such debentures, but every debenture so issued shall be valid in all respects as if issued to and in the name of any other person.\br@s (3) the purchase by, or the transfer, assignment or endorsement to, the 2Corporation or to the 1Municipal Commissioner of any debenture issued by the 2Corporation shall not operate to extinguish or cancel any such debenture, but the same shall be valid and negotiable in the same manner and to the same extent as if held by, or transferred, assigned or endorsed, to any other person.\br@s

(1) All sinking funds established or maintained under this Act shall be subject to annual examination by the Examiner, Local Fund Accounts, who shall ascertain whether the cash and the value of the securities belongings thereto are actually equal to the amount which should be at the credit of such funds had investments been regularly made and had the rate of interest as originally estimated been obtained therefrom.\br@s (2) The amount which should be at the credit of a sinking fund shall be calculated on the basis of the present value of all future payments required to be made to such fund under the provisions of this Act, on the assumption that all investments are regularly made and the rate of interest as originally estimated is obtained therefrom.\br@s (3) The securities belonging to a sinking fund shall be valued for the purposes of this section at their current market value, except in the case of debentures issued under this Act which will be valued at par, provided that the 2Corporation shall make good immediately any loss which may accrue on the actual sale of such debentures at the time of repayment of the loan.\br@s (4) The 2Corporation shall forthwith pay into any sinking fund any amount which the Examiner, Local Fund Accounts may certify to be deficient, unless the State Government specially sanctions a gradual re-adjustment.\br@s (5) If the cash and the value of the securities at the credit of any sinking fund are in excess of the amount which should be at its credit, the Examiner, Local Fund Accounts shall certify the amount of such excess sum and the 1Corporation may thereupon transfer the excess sum to the 1Corporation Funds.\br@s (6) If any dispute arises as to the accuracy of any certificate made by the Examiner, Local Fund Accounts under sub-section (4) or (5) the 1Corporation may, after making the payment or transfer, refer the matter to the State Government whose decision shall be final.\br@s

(1) if any money borrowed by the 1Corporation or any interest or costs due in respect thereof are not repaid according to the conditions of the loan, the State Government, if it has itself given the loan, may, and in other cases shall, on the application of the lender after considering the explanation of the 1Corporation, if any, attach the 1Corporation, if any, attach the 1Corporation Fund or a portion of the 1Corporation Fund.\br@s (2) After such attachment no person, except an officer appointed in this behalf by the State Government shall in any way deal with the attached fund or portion thereof but such officer may do all acts in respect thereof which nay 1Corporation authority, officer or servant might have done if such attachment had not taken palace and may apply the proceeds in satisfaction of the arrears and of all interest and costs due in respect thereof and of all expenses caused by the attachment and subsequent proceedings :\br@s Provided that no such attachment shall defeat or prejudice any debt for which the Fund or portion thereof attached was previously pledged in accordance with law, and all such prior charges shall be paid out of the proceeds of the Fund or portion thereof before any part of the proceeds is applied to the satisfaction of the liability in respect of which such attachment is made.\br@s

(1) Debentures issued under this Act shall be in such form as the 1Corporation may with the previous sanction of the State Government from time to time determine.\br@s (2) The holder of any debenture in any form duly authorized under sub-section (1) may obtain in exchange therefor, upon such terms as the 1Corporation shall from time to time determine, a debenture in any other form so authorized.\br@s (3) Every debenture issued by the 1Corporation under this Act shall be transferable by endorsement.\br@s (4) The right to payment of the moneys secured by any of such debentures and to sue in respect thereof shall vest in the holder for the time being without any preference by reason of some of such debentures being prior in date to others.\br@s

All coupons attached to debentures issued under this Act shall be signed by the Chairman of the Executive Committee and the 1Municipal Commissioner on behalf of the 2Corporation and such signatures may be engraved, lithographed or impressed by any mechanical process.\br@s

Notwithstanding anything contained in section 45 of the Indian Contract Act, 1872 —\br@s (1) Where any debenture or security issued under this Act is payable to two or more persons jointly, and either or any of them dies, the debenture or security shall be payable to the survivor or survivors of such persons :\br@s Provided that nothing in this sub-section shall affect any claim by the legal representative of a deceased person against such survivor or survivors.\br@s (2) When two or more persons are joint holders of any debenture or security issued under this Act, any one of such persons may give an effectual receipt for an interest or dividend payable in respect of such debenture or security unless notice to the contrary has been given to the 2Corporation by any other of such persons.\br@s

(1) When a debenture issued under this Act is alleged to have been lost, stolen or destroyed either wholly or in part or has been defaced or mutilated and a person claims to be the person to whom but for the loss, theft, destruction, defacement or mutilation it would be payable, he may, on application to the 1Municipal Commissioner, and on producing proof of his satisfaction of the loss, theft, destruction, defacement or mutilation and of the justice of the claim, obtain from him an order—\br@s (a) if the debenture alleged to have been lost, stolen, destroyed, defaced or mutilated is payable more than six years after the date of publication of the notification referred to in sub-section (2) —\br@s (i) for the payment of interest in respect of the debenture pending the issue of a duplicate debenture ; and\br@s (ii) for the issue of a duplicate debenture payable to the applicant ,or\br@s (b) if the debenture alleged to have been lost, stolen destroyed, defaced or mutilated is payable not more than six years after the date of publication of the notification referred to in sub-section (2) —\br@s (i) for the payment of interest in respect of the debenture without the issue of a duplicate debenture, and\br@s (ii) for the payment to the applicant of the principal sum due in respect of the debenture on or after the date on which the payment becomes due.\br@s (2) An order shall not be passed under sub-section (1) until after the issue of such notification of the loss, theft, destruction, defacement or mutilation of the debenture as may be prescribed by the 1 Corporation, and after the expiration of such period as may be prescribed by the 1Corporation nor until the applicant has given such indemnity as may be required by the 1Corporation against the claims of all persons deriving title under the debenture lost, stolen, destroyed, defaced or mutilated.\br@s (3) A list of the debentures in respect of which an order is passed under sub—section (1) shall be published in the official Gazette.\br@s (4) If at any time before the 1Corporation becomes discharged under the provisions of section 168 from liability in respect of any debenture the whole of which is alleged to have been lost, stolen, destroyed, defaced or mutilated, such debenture is found, any order passed in respect thereof under this section shall be cancelled but subject to any payments of principal or interest already made.\br@s

(1) A person claiming to be entitled to a debenture issued under this Act, may on applying to the 2Municipal Commissioner and on satisfying him of the justice of his claim and delivering the debenture receipted in such manner and paying such fee as may be prescribed by the 2Municipal Commissioner obtain a renewed debenture payable to the person applying.\br@s (2) Where there is a dispute as to the title to a debenture issued under this Act in respect of which an application of renewal has been made, the 2Municipal Commissioner may —\br@s (a) where any party to the dispute has obtained a final decision from a Court of competent jurisdiction declaring him to be entitled to such debenture, issue a renewed debenture in favour of such party;\br@s (b) refuse to renew the debenture until such decision has been obtained ; or\br@s (c) after such inquiry as is hereinafter provided and on consideration of the result thereof declare by order in writing which of the parities is in his opinion entitled to such debenture and may, after the expiration of three months from the date of such declaration, issue a renewed debenture in favour of such party in accordance with the provisions of sub-section (1) unless within that period he has received notice that proceedings have been instituted by any person in a court of competent jurisdiction for the purpose of establishing a title to such debenture.\br@s Explanation— For the purposes of this sub-section the expression “final decision” means a decision which is not appealable or a decision which is appealable but against which no appeal has been filed within the period of limitation allowed by law.\br@s (3) For the purposes of the inquiry referred to in sub-section (2) the 1Municipal Commissioner may himself record or may request the District Magistrate to record or to have recorded by nay Magistrate subordinate to him the whole or any part of such evidence as the parities may produce. The Magistrate who records the evidence shall forward the record of such evidence to the 1Municipal Commissioner.\br@s (4) The 1Municipal Commissioner or any Magistrate acting under this section may, if he thinks fit, record evidence on oath.\br@s

(1) When a renewed debenture has been issued under section 166 in favour of any person, the debenture so issued shall bedeemed to constitute a new contract between the 2Corporation and such person and all persons deriving title thereafter through him.\br@s (2) No such renewal shall affect the rights as against the 2Corporation of any other person to the debenture so renewed.\br@s

When a duplicate debenture has been issued under section 165 or when a renewed debenture has been issued under section 166 or when the principal sum due on a debenture in respect of which an order has been made under section 165 for the payment of the principal sum without he issue of a duplicate debenture has been paid on or after the date on which such payment because due the 2Corporation shall be discharged from all liability in respect of the debenture in place of which a duplicate or renewed debenture in place of which a duplicate or renewed debenture has been so issued or in respect of which such payment has been made, as the case may be —\br@s (a) in the case of a duplicate debenture, after the lapse of six years from the date of the publication of the notification referred to in sub-section (3) of section 165 or from the date of the last payment of interest on the original debenture, whichever date is later ; (b) in the case of a renewed debenture after the lapse of six years from the date of the issue thereof, and\br@s (c) in the case of payment of the principal sum without the issue of a duplicate debenture, after the lapse of six years from the date of the publication of the notification referred to in sub-section (2) of section 165.\br@s

Notwithstanding anything in section 166 the 1Municipal Commissioner may in any case arising thereunder —\br@s (1) issue a renewed debenture upon receiving such indemnity in favour of the 2Corporation and the 1Municipal Commissioner as he shall think fit against the claims of all persons claiming under the original debenture, or\br@s (2) refuse to issue a renewed debenture unless such indemnity is given.\br@s

(1) The 1Municipal Commissioner shall, at the end of each year, prepare a statement showing —\br@s (a) the loans borrowed in previous years for which the 2Corporation is liable and which have not been completely repaid before the commencement of the year, with particulars of the amount outstanding at the commencement of the year, the date of borrowing and the annual loan charges ;\br@s (b) the loans borrowed by the 2Corporation in the year with particulars as to the amount and the date of borrowing and the annual loan charges;\br@s (c) in the case of every loan for which a sinking fund is maintained the amount of accumulation in the sinking fund at the close of the year showing separately the amount to the credit of the fund in the year ;\br@s (d) the loans repaid in the year and, in the case of the loans repaid in installments or by annual drawings, the amounts repaid in the year, and the balance due at the close of the year;\br@s (e) the particulars of securities in which the sinking funds have been invested or reserved therefor.\br@s (2) Every such statement shall be laid before a meeting of the 2Corporation and shall be published in the official Gazette and a copy of such statement shall be sent to the State Government and to the Examiner, Local Fund Accounts.\br@s

The State Government may make rules to carry out all or any of the purposes of this Chapter, and in particular, without affecting that generality of the power conferred hereby, make rules for the following purposes ;\br@s (a) procedure for obtaining sanction of the State Government under this Chapter ;\br@s (b) establishment of sinking fund ;\br@s (c) investment of money in the sinking fund ;\br@s (d) annual examination and audit of sinking fund ;\br@s (e) manner of attachment of 1Corporation Fund ; and\br@s (f) printing of debentures.\br@s

(1) For the purposes of this Act and subject to the provisions thereof and of Article 285 of the Constitution of India the 1Corporation shall impose the following taxes, namely —\br@s (a) property taxes,\br@s (b) a tax on vehicle other than mechanically propelled vehicles, and other conveyances plying for hire or kept within the City or on boats moored therein;\br@s 2 (c) a tax on helicopters or any other type of planes, when they land on or take off from the helipads, airports, air steps or places made for this purpose situated within the Corporation. The tax so imposed shall be paid by the airport authority or person or persons, or managers, or director or institution or department or agency involved in the maintenance, management and supervision of the airport, airstrip, helipad or the place as the case may be.\br@s (d) a tax on trades and professions.\br@s (e) a tax on deeds of transfer of immovable property situated within the city.\br@s (f) a tax on vacant land situated within the city. \br@s (2) In addition to the taxes specified in sub-section (1) the 1Corporation may for the purposes of this Act and subject other provisions thereof impose any of the following taxes, namely —\br@s 3 (a) a tax on calling and on holding a public or private appointment.\br@s (b) 4 * * * * (c) 5 * * * * (d) 6 * * * * (e) a tax on dogs kept within the City ; (f) a betterment tax ; (g) 1 * * * * (h) 2* * * (i) a theatre tax, and (j) 3 * * * * : Provided that octroi on goods under clause (b) and a tax under clause (c) shall not be levied at the same time. (3) The 4 Corporation taxes shall be assessed and levied in accordance with the provisions of this Act and the rules and bye-laws framed thereunder.\br@s (4) Nothing in this section shall authorize the imposition of any tax which the State Legislature has no power to impose in the State under the Constitution of India:\br@s Provided that where any tax was being lawfully levied in the area included in the City immediately before the commencement of the Constitution of India such tax may continue to be levied and applied for the purposes of this Act until provision to the contrary is made by Parliament.\br@s

(1) For the purposes of sub-section (1) of section 172 property taxes shall comprise the following taxes which shall, subject to the exceptions, limitations and conditions hereinafter provided, be levied on buildings and lands in the City —\br@s (a) a general tax which may be levied, if the Corporation so determines, on a graduated scale;\br@s 5 (b) a water tax leviable in areas where water is supplied by the Corporation ; \br@s (c) drainage tax leviable in areas provided with sewer system by the 3Corporation ;\br@s (d) a conservancy tax in areas in which the 3Corporation undertakes the collection, removal and disposal of excrementitiously and polluted matter from privies, urinals and cesspools.\br@s (2) Save as otherwise expressly provided in this Act or rules made thereunder, these taxes shall be levied on the annual value of buildings or land as the case may be:\br@s 1 Provided that the aggregate of the property taxes shall in no case be less than 22 percent and not more than 32 percent of the annual value of the building or land or both assessed to such taxes, so however, that the general tax shall not be less than 10 percent and not more than 15 percent, the water tax shall not be less than 7.5 percent and not more than 12.5 percent, the drainage tax shall not be less than 2.5 percent and not more than 5 percent and the conservancy tax shall not be more than 2 percent of the annual value.\br@s

(1) “Annual value” means—\br@s 2 (a) in case of railway stations, colleges, schools, hotels, factories, commercial buildings and other non-residential buildings, twelve times the value arrived at on multiplying with multiplier to be fixed by rules in the monthly rate of rent per square foot of residential buildings fixed under clause (b) with the covered area of the building or open area of the land or both as the case may be. \br@s 3 (b) in the case of a building or land not falling within the provisions of clause (a), twelve times the value arrived at on multiplying the carpet area of the building, or the area of the land, by the applicable minimum monthly rate of rent per square foot of the carpet area in the case of building or the applicable minimum monthly rate of rent per square foot shall be such as may be fixed once in every two years by the 4 Municipal Commissioner on the basis of the location of the building or the land, nature of the construction of the building, the circle rate fixed by the collector for the purposes of the Indian Stamp Act, 1899 and the court minimum rate of rent in the area for such building or land such other factors, and in such manner, as may be prescribed:\br@s Provided that where the annual value of any building would by reason of exceptional circumstances, in the opinion of the Corporation, be excessive in calculated in the aforesaid manner the Corporation may fix the annual value at any less amount which appears to it equitable.\br@s Explanation :— for the purpose of calculation of annual value the carpet area shall be calculated as under :—\br@s (i) Rooms-full measurement of internal dimension;\br@s (ii) Covered Verandah-fall measurement of internal dimension;\br@s (iii) Balcony, Corridor, Kitchen and Store-50 present measurement of internal dimension ; (iv) Cartage-one-fourth measurement of internal dimension;\br@s (v) Area covered by bathroom, latrines, portico and stair case shall act form part of the carpet area.\br@s Explanation II :— The standard rent the agreed rent or the reasonable annual rent of a building for the purposes of the Uttar Pradesh Urban Buildings (Regulations of Letting, rent and Eviction) Act, 1972 shall not be taken into account while calculating the annual value of that building. \br@s 1 (2) where the Corporation so resolves, the annual value for the purpose of assessment of property taxes shall, —\br@s (a) in the case of land and owner-occupied residential building which is not more than ten years old, be deemed to be 25 percent less and if it is more than ten years but not more than twenty years old, be deemed to be 32.5 percent less, and if it is more than twenty years old, be deemed to be 40 percent less than the annual values determined under clause (b) of sub-section (1) ; and\br@s (b) in the case of residential building let on rent, which is not more than ten years old, be deemed to be 25 per cent more, and if it is more than ten years but not more than twenty years old, be deemed to be 12.5 per cent more than the annual value determined under clause (b) of sub-section (1), and if it is more than twenty years old, be deemed to be equal to the annual value determined under clause (b) of sub-section (1). \br@s

The imposition of a tax under clause (b) of sub-section (1) of section 173 shall be subject to the restriction that tax shall not be imposed—\br@s (i) on any land exclusively for agricultural purposes, unless the water is supplied by the 4Corporation for such purposes ; or\br@s (ii) on a plot of land or building the annual value whereof does not exceed rupees three hundred and sixty and to which no water is supplied by the 1Corporation ; or\br@s (iii) on any plot or building, no part of which is within the radius prescribed for the city, from the nearest stand-pine or other water-works whereat water is made available to the public by the 1Corporation.\br@s Explanation— For the purposes of this section — (a) “building” shall include the compound, if any, thereof, and where there are several buildings in a common compound, all such building and the common compound ;\br@s

The proceeds of the water, drainage and conservancy taxes and all other incomes derived from waterworks, drainage works, drains and excrementitious and polluted matter collected from privies, urinals and cesspools and from disposal of such matters and income from sullage farms shall be pooled together and shall be defrayed on purposes connected with the construction, maintenance, extension or improvement of such waterworks and drainage works and with the collection, removal and disposal of excrementitious and polluted matter from privies, urinals, and cesspools including maintenance of sullage farms.\br@s

The general tax shall be levied in respect of all building and lands in the City except —\br@s (a) buildings and lands solely used for purpose connected with the disposal of the dead ;\br@s (b) buildings and lands or portions thereof solely occupied and used for public worship or for a charitable purposes ;\br@s 1 (c) building solely used as schools and intermediate colleges whether aided by the State Government or not, fields, farms and gardens of Government aided institutes of research and development, play grounds of Government aided or unaided recognised educational institutions and sports stadium. \br@s (d) ancient monuments as defined in the Ancient Monuments Preservation Act, 1904, subject to any direction of the State Government in respect of any such monument ;\br@s 2 (e) any building or land the annual value of which as rupees three hundred and sixty or less, provided that the owner thereof does not own any other building or land in the same city ; 3 * * * \br@s (f) buildings and lands vesting in the Union of India except where provisions of clause (2) of article 285 of the Constitution of India apply.\br@s 4 (g) any owner-occupied residential building constructed on a plot of land measuring thirty square meters, or having a carpet area upto fifteenth square meters provided that the owner thereof does not own any other building in the city ; and \br@s 1 (h) residential buildings occupied by the owner of building, which is located in such area which has been included in the limit of Corporation within five years or the facilities of roads, drinking water and street light provided in the area, whichever is earlier.\br@s

(1) When a building or land has remained vacant and unproductive of rent for ninty or more consecutive days during any year, the 2Municipal Commissioner shall remit or refund so much of each of the property taxes of that year as may be proportionate to the number of days that the said building or land has remained vacant and unproductive of rent.\br@s (2) When a building consist of two or more separate tenements and one or more such tenements has remained vacant and unproductive of rent during any such period as aforesaid, the Municipal Commissioner may remit or refund such portion (if any) of each tax or installment as may be prescribed :\br@s Provided that no remission shall be granted unless notice in writing of the fact of the building or land being vacant and unproductive of rent has been given to the 3Corporation ; and that no remission or refund shall take effect for any period previous to the day of the delivery of such notice.\br@s (3) The burden ro proving the facts entitling a person to remission ro refund under this section shall be upon the person claiming the same.\br@s (4) For the purposes of this section a building or land shall not be deemed to be vacant, if it is maintained as a pleasure resort or town or country house, or be deemed to be unproductive of rent, if it is let to a tenant who has a continuing right of occupation thereof, whether he is in actual occupation or not.\br@s

(1) Except where otherwise prescribed, every tax (other than a drainage tax or a conservancy tax) on the annual value of buildings or lands shall be leviable primarily from the actual occupier of the property upon which the tax is assessed, if he is the owner of the buildings or lands or holds them on a building or other lease from the Central or the State Government or from the 2Corporation, or on a building lease from any person.\br@s (2) In any other case the tax shall be primarily leviable as follows, namely —\br@s (a) if the property is let from the lessor ;\br@s (b) if the property is sub-let from the superior lessor ; \br@s (c) if the property is unlet from the person in whom the right to let the same vests.\br@s 1 (d) if the property is let in pursuance of an order under the Uttar Pradesh Urban Buildings (Regulations of Letting, Rent and Eviction) Act, 1972, from the tenant. \br@s (3) On failure to recover any sum due on account of such tax from the person primarily liable, the 2Municipal Commissioner may recover from the occupier of any part of the buildings or lands in respect of which it is due that portion thereof which bears to the whole amount due the same ratio as the rent annually payable by such occupier bears to the aggregate amount of rent payable in respect of the whole of the said building or lands, or the aggregate amount of the letting value thereof in the authenticated assessment list.\br@s (4) An occupier who makes any payment for which he is not primarily liable under the foregoing provisions shall, in the absence of any contract to the contrary, be entitled to be reimbursed by the person primarily liable.\br@s

(1) A drainage tax, or a conservancy tax on the annual value of building or lands shall be levied from the actual occupier of the property upon which the taxes are assessed :\br@s Provided that, where such property is let to more occupiers than one, the 2Municipal Commissioner may at his option levy the tax from the lessor instead of from the actual occupiers.\br@s (2) A lessor from whom a tax is levied under the proviso to subsection (1) may, in the absence of a contract to the contrary, recover the tax from any or all of the actual occupiers.\br@s

(1) Property taxes due under this Act in respect of any building or land shall, subject to the prior payment of the land revenue, if any, due to the State Government thereupon, be a first charge, in the case of any building or land held immediately from the State, upon the interest in such building or land of the person liable for such taxes and upon the movable property, if any, found within or upon such building or land and belonging to such person ; and, in the case of any other building or land, upon the said building or land and belonging to the person liable for such taxes.\br@s Explanation— The term “property-taxes” in this section shall be deemed to include any charges payable for water supplied to any premises and the costs of recovery of property taxes as specified in the rules.\br@s (2) In any decree in a suit for the enforcement of the charge created by sub-section (1), the Court may order the payment to the 1Corporation of interest on the sum found to be due at such rate as the Court deems reasonable from the date of the institution of the suit until realization, and such interest and the cost of enforcing the said charge, including the costs of the suit and the cost of bringing the premises or movable property in question to sale under the decree, shall, subject as aforesaid, be a first charge on such premises and movable property along with the amount found to be due, and the Court may direct payment thereof to be made to the 1Corporation out of the sale proceeds.\br@s

(1) A tax under clause (b) or clause (c) of sub-section (1) of section 172 shall be levied at rates not exceeding those prescribed by rule by the State Government in this behalf from time to time on vehicles and boats or on animals, as the case may be.\br@s (2) The 1Corporation shall form year to year, in accordance with section 148 determine the rates at which the tax referred to in sub-section (1) shall be levied.\br@s (3) A vehicle, boat or animal kept outside the limits of the City but regularly used within such limits shall be deemed to be kept for use in the City.\br@s

(1) The tax under clause (b) of sub-section (1) of section 172 shall not be leviable in respect of—\br@s (a) vehicles and boats belonging to the 1Corporation ;\br@s (b) vehicles and boats vesting in the Union of India except where the provisions of clause (2) of article 285 of the Constitution of India apply ;\br@s (c) vehicles and boats vesting in any State comprised in the Union of India and used solely for public purposes and not used or intended to be used for purposes of profit ;\br@s (d) vehicles and boats intended exclusively for conveyance free of charge of the injured, sick or dead ;\br@s (e) children’s perambulators and tricycles ;\br@s (f) vehicles or boats kept by bona fide dealers in vehicles or boats for sale merely, and not used.\br@s (2) The tax under clause (c) of sub-section (1) of section 172 shall not be leviable in respect of —\br@s (a) animals belonging to the 1Corporation ;\br@s (b) animals vesting in the Union of India except where he provisions of clause (2) of article 285 of the Constitution of India apply;\br@s (c) animals vesting in any State comprised in the Union of India and used solely for public purposes and not used or intended to be used for purposes of profit.\br@s (3) If any question arises under clause (b) or clause (c) of subsection (1) or clause (b) or clause (c) of sub-section (2) whether any vehicle, boat or animal vesting in the Union of India or any State comprised therein is or is not used or intended to be used for purposes of profit, such question shall be determined by the State Government whose decision shall be final.\br@s

Betterment tax means a tax to be charged on the increase in the value of the land comprised in a scheme put into operation under Chapter XIV, but not actually required for the execution thereof, or on the increase in the value of any land adjacent to and within one quarter of a mile of the boundaries of such scheme, provided that such adjacent land is situated within the City.\br@s

The Betterment tax shall be an amount equal to one-half of the difference between the market value of the land on the date specified in the public notice under sub-section (2) of section 187 and the market value of such land on or immediately before the date on which the scheme was finally notified under Chapter XIV :\br@s Provided that for the purposes of calculation under this section the land shall be treated as free of all buildings.\br@s

Where a 1Corporation has imposed a tax mentioned in clause (f) of sub-section (2) of section 172 every owner of land mentioned in section 184 or any person, having an interest therein in respect of the increase in the value of such land, shall in the manner hereinafter provided pay to the 1Corporation such Betterment tax as may be determined by the 2Municipal Commissioner.\br@s

(1) The State Government shall, by notification in the official Gazette, declare the date on which a scheme shall be deemed to have been completed.\br@s (2) Within one year of the date of the completion of the scheme declared in sub-section (1), the 2Municipal Commissioner shall give public notice of the intention of the 1Corporation to levy a Betterment tax from a specified date.\br@s

(1) The 2Municipal Commissioner shall at any time after one month from the publication of such notice assess the amount of Betterment tax payable by the person concerned and shall give a notice in writing to such person stating the amount of the tax and the installments, if any, and the dates on which the tax shall be paid together with such other particulars as may be necessary.\br@s (2) Any person on whom a notice of assessment is served in sub-section (1) may, within one month from the date of the service of such notice, file an objection against such assessment before the 1Municipal Commissioner :\br@s Provided that an objection may be entertained even after the expiry of the period mentioned in sub-section (1) if the Executive Committee or sub-committee thereof referred to in sub-section (3) is satisfied that the failure to file objection was due to causes beyond the control of the objector.\br@s (3) After an opportunity has been given to the objector of being heard, the Executive Committee or a sub-committee thereof appointed in this behalf shall decide the objection and may then confirm.\br@s (4) If the person on whom a notice of assessment is served under sub-section (1) fails to file an objection, under sub-section (2), the order of assessment shall be conclusive and shall not be questioned before any court of law or tribunal.\br@s

(1) A person liable to pay Betterment tax may at his option instead of paying thereof to the 2Corporation, execute an agreement with the 2Corporation to leave the said payment outstanding as a charge on his interest in the land, subject to the payment in perpetuity of interest at the rate of 6 per cent per annum.\br@s (2) A person who has exercised his option under sub-section (1) may, at any time, subject to his giving six months’ notice of his intention, pay the amount of Betterment tax assessed under section 188.\br@s

Arrears of Betterment tax shall be realized in the manner provided in Chapter XXI.\br@s

(1) Where the 2Corporation has imposed a tax referred to in clause (g) of section 172, the duty imposed by the Indian Stamp Act, 1899, on any deed of transfer of immovable property shall, in the case of immovable property situated within the City, be increased by 2 per cent 3on the amount or value of the consideration with reference to which the duty is calculated under the said Act.\br@s (2) All collections resulting from the said increase shall, after the deduction of incidental expenses, if any, be paid to the 2Corporation by the State Government in such manner as may be prescribed by rules. (3) For the purpose for this section, section 277 of the Indian Stamp Act, 1899, shall be so read and construed as if it specifically required the particulars referred to therein to be separately act forth in respect of —\br@s (a) property situated within the City; and\br@s (b) property situated outside the City.\br@s (4) For the purposes of this section, section 64 of the Indian Stamp Act, 1899, shall be so read and construed as if it referred to the 1Corporation as well as to the Government.\br@s

Where a 1Corporation imposes a tax mentioned in clause (h) of sub-section (2) of section 172, every person who erects, exhibits, fixes or retains 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 public or private, shall pay on every advertisement which is so erected, exhibited, fixed, retained or displayed to public vies, a tax calculated at such rates and in such manner and subject to such exemptions as may be provided by the Act or rules made thereunder :\br@s Provided that no tax shall be levied under this section on any advertisement or a notice—\br@s (a) of public meetings; or\br@s (b) of an election to any legislative body or the 1Corporation;\br@s (c) of a candidature in respect of such an election :\br@s Provided also that no such tax shall be levied on any advertisement which is not a sky-sign and which—\br@s (a) is exhibited within the window of any building; or\br@s (b) relates to the trade or business carried on within the land or building upon or over which advertisement is exhibited, or to any sale or letting of such land or building or any effects therein or to any sale, entertainment or meeting to be held upon or in the same; or\br@s (c) relates to the name of the land or building upon or over which the advertisement is exhibited, or to the name of the owner or occupier of such land or building; or\br@s (d) relates to the business of any railway administration; or\br@s (e) is exhibited within any railway station or upon any wall or other property of a railway administration except any portion of the surface of such wall or property fronting any street.\br@s Explanation 1— The word “structure” in this section shall include any movable board on wheels used as an advertisement or an advertisement medium.\br@s Explanation 2— “Public place” shall, for the purpose of this section, mean any place which is open to the use and enjoyment of the public, whether it is actually used or enjoyed by the public or not.\br@s

(1) No advertisement shall, after the levy of the tax under section 192 has been determined upon by the 1Corporation, be erected, exhibited, fixed or retained upon or over any land, building, wall, hoarding or structure within the City or shall be displayed in any manner whatsoever in any place without the written permission of the 2Municipal Commissioner.\br@s (2) The 2Municipal Commissioner shall not grant such permission if—\br@s (i) the advertisement contravenes any bye-law made by the 1Corporation under clause (47) of section 541; or\br@s (ii) the tax, if any, due in respect of the advertisement has not been paid.\br@s (3) Subject to the provisions of sub-section (2) in the case of an advertisement liable to the advertisement tax, the 2Municipal Commissioner shall grant permission for the period to which the payment of the tax relates and no fee shall be charged in respect of such permissions:\br@s Provided that the provisions of this section shall not apply to any advertisement erected, exhibited, fixed or retained on the railway premises or relating to the business of any railway administration. \br@s

The permission granted under section 193 shall become void in the following cases, namely :–\br@s (a) if the advertisement contravenes any bye-law made by the 1Corporation under clause (47) of section 541 ;\br@s (b) if any addition to the advertisement be made except for the purpose of making it secure under the direction of the 2Municipal Commissioner ;\br@s (c) if any material change be made in the advertisement or any part thereof ;\br@s (d) if the advertisement or any part thereof falls otherwise than through accident ;\br@s (e) if any addition or alteration be made to, or in the building, wall or structure upon or over which the advertisement is erected, exhibited, fixed or retained if such addition or alteration involves the disturbance of the advertisement or any part thereof ; and\br@s (f) if the building, wall or structure upon or over which the advertisement is erected, exhibited, fixed or retained be demolished or destroyed.\br@s

Where any advertisement shall be erected, exhibited, fixed or retained upon or over any land, building, wall, hoarding or structure in contravention of the provisions of section 192 or section 193 or after the written permission for the erection, exhibition, fixation or retention thereof for any period shall have expired or become void, the person for whom or for whose purposes the advertisement has prima facie been so erected, exhibited, fixed or retained shall be deemed to be the person who has erected, exhibited, fixed or retained such advertisement in such contravention unless he proves that such contravention was committed by a person not in his employment or under his control or was committed without his connivance.\br@s

If any advertisement be erected, exhibited, fixed or retained contrary to the provisions of section 192 or section 193 or after the written permission for the erection, exhibition, fixation or retention thereof for any period shall have expired or become void, the 1 Municipal Commissioner may, by notice in writing, require the owner or occupier of the land, building, wall, hoarding or structure upon or over which the same is erected, exhibited, fixed or retained to take down or remove such advertisement or may enter any building, land or property and have the advertisement removed.\br@s

The theatre tax shall not be leviable in respect of—\br@s (a) any entertainment or amusement for admission to which no charge is made or only a nominal charge is made ;\br@s (b) any entertainment or amusement which is not open to the general public on payment ;\br@s (c) any entertainment or amusement the full proceeds of which, without the deduction of expenses, are intended to be utilized for a public charitable purpose.\br@s Explanation— For the purposes of this section a nominal charge shall be such charge as may be fixed by the rules.\br@s

(1) When a 3Corporation desires to impose a tax specified in sub-section (2) of section 172 it shall by resolution direct theExecutive Committee to frame proposals specifying —\br@s (a) the tax, being one of the taxes described in sub-section (2) of section 172 which it desires to impose ;\br@s (b) the persons or class of persons to be made liable, and the description of property or other taxable thing or circumstances in respect of which they are to be made liable, except where and so in far as any class or description is already sufficiently defined under clause (a) or by this Act ;\br@s (c) the amount or rate leviable from each such person or class of persons ;\br@s (d) any other matter referred to in section 219 which the State Government requires by rule to be specified.\br@s (2) Upon a resolution being passed under sub-section (1) the Executive Committee shall frame the proposals and also prepare a draft of the rules which it desires the State Government to make in respect of the matters referred to in section 219.\br@s (3) The Executive Committee shall, thereafter, publish in the manner prescribed by rule the proposals framed under sub-section (1) and the draft rules framed under sub-section (2) along with a notice in the form to be prescribed by rule.\br@s

(1) Any inhabitant of the City may, within two weeks from the publication of the said notice, submit to the 1 Corporation an objection in writing to all or any of the proposals framed under the preceding section, and the 1Corporation shall take any objection so submitted into consideration and pass orders thereon by special resolution.\br@s (2) If the 1Corporation decides to modify the proposals of the Executive Committee, or any of them the 2Municipal Commissioner shall publish the modified proposals and, if necessary, revised draft rules along with a notice indicating that the proposals and rules (if any) are in modification of proposals and rules previously published for objection.\br@s (3) Any objections which may be received to the modified proposals shall be dealt with in the manner prescribed in sub-section (1).\br@s (4) When the 1Corporation has finally settled its proposals, the 2Municipal Commissioner shall submit them along with the objections (if any) made in connexion therewith to the State Government.\br@s

Upon receipt of the proposals and objection under the preceding section the State Government may either refuse to sanction the proposals or return them to the 1Corporation for further consideration or sanction them without modification or with such modification not involving an increase of the amount to be imposed, as it seems fit.\br@s

(1) When the proposal have been sanctioned by the State Government, the State Government, after taking into consideration the draft rules submitted by the 1Corporation, shall proceed forthwith to make such rules in respect of the tax as for the time being it considers necessary.\br@s (2) When the rules have been made the order of sanction and a copy of the rules shall be sent to the 1Corporation, and thereupon the 1Corporation shall by special resolution direct the imposition of the tax with effect from a date to be specified in the resolution.\br@s

(1) A copy of the resolution passed under section 202 shall be submitted to the State Government.\br@s (2) Upon receipt of the copy of the resolution the State Government shall notify in the official Gazette, the imposition of the tax from the appointed date, and the imposition of a tax shall in all cases be subject to the condition that it has been so notified.\br@s (3) A notification of the imposition of a tax under sub-section (2) shall be conclusive proof that the tax has been imposed in accordance with the provisions of this Act.\br@s

The procedure for abolishing a tax, or for altering a tax in respect of the matters specified in clauses (b) and (c) of sub-section (1) of section 199 shall, so far as may be the procedure prescribed by sections 199 to 202 for the imposition of a tax.\br@s

(1) Whenever it appears, on complaint made or otherwise to the State Government, that the levy of any tax is contrary to the public interest or that any tax is unfair in its incidence, the State Government may, after considering the explanation of the 1Corporation concerned, by order require such 1Corporation to take measures within a time to be specified in the order, for the removal of any defect which it considers to exist in the tax or in the method of assessing or collecting the tax.\br@s (2) Upon the failure or inability of the 1Corporation to comply, to the satisfaction of the State Government, with an order made under sub-section (1), the State Government, may by notification, suspend the levy of the tax, or of any portion thereof, until the defect is removed, or may abolish or reduce the tax.\br@s

(1) The State Government may, by general or special order, published in the official Gazette, require a 1Corporation to impose any tax mentioned in sub-section (2) of section 172 not already imposed, at such rate and within such period as may be specified in the notification, and the 1 Corporation shall thereupon act accordingly.\br@s (2) The State Government may require a 1Corporation to increase, modify or vary the rate of any tax already imposed and thereupon the 1Corporation shall increase, modify or vary the tax as required.\br@s (3) If the 1Corporation fails to carry out the order passed under sub-section (1) or (2), the State Government may pass suitable order imposing, increasing, modifying or varying the tax and thereupon the order of the State Government shall operate as if it had been a resolution duly passed by the 1Corporation.\br@s

The Municipal Commissioner shall cause area wise rental rates and an assessment list in the city or part thereof to be prepared from time to time, in accordance with the manner prescribed in the rules. \br@s

Notwithstanding any other provisions of this Act, the owner or occupier primarily liable for payment of tax in respect of a 4building may himself assess every year his liability regarding the amount of property tax payable by him and in doing so he may himself determine the annual value of the building in accordance with the provisions of 4section 174, and deposit the property tax so assessed by him in such manner, together with a statement of such selfassessment in such form, as may be prescribed.\br@s

(1) For the purposes of annual rental value, the owner or the occupier of every house or land shall submit a property return upto a date as may be prescribed.\br@s (2) Any person failing to submit the return referred to in subsection (1) without proper reasons shall be liable to pay penalty as may be prescribed.\br@s (3) The penalty referred to in sub-section (2) may be compounded by the Municipal Commissioner. \br@s

The Municipal Commissioner shall publish the list prepared under section 207 in accordance with the manner prescribed in the rules. \br@s

The Municipal Commissioner or an officer authorised by him in this behalf shall dispose off the objections in accordance with the manners prescribed in the rules. \br@s

2 (1) The Municipal Commissioner or an officer authorized by him in this behalf, shall authenticate by his signature the area wise rental rates and the assessment list of the city or any part thereof, as the case may be. \br@s (2) The list so authenticated shall be deposited in the office of the 3Corporation and shall, thereupon, be declared by public notice to be open for inspection.\br@s

An entry in an assessment list shall be conclusive proof —\br@s (a) for any purpose connected with a tax to which the list refers, of the amount leviable in respect of any building or land during the period to which the list relates; and\br@s (b) for the purpose of assessing any other 1Corporation tax, of the annual value of any building or land during the said period.\br@s

(1) 7The Municipal Commissioner or an officer authorized by him in this behalf may at any time alter or amend the assessment list—\br@s (a) by entering therein the name of any person or any property which ought to have been entered or any property which has become liable to taxation after the authentication of the assessment list ; or\br@s (b) by substituting therein for the name of the owner or occupier of any property the name of any other person who has succeeded by transfer or otherwise to the ownership or occupation of the property ; or\br@s (c) by enhancing the valuation of, or assessment on, any property which 1has become incorrectly valued or assessed or which, by reasons of fraud, misrepresentation or mistake, has been incorrectly valued or assessed ; or\br@s (d) by revaluing or re-assessing any property the value of which has been increased by additions or alterations to buildings ; or\br@s (e) where the percentage on the annual value at which any tax is to be levied has been altered by the 2 Corporation under the provisions of section 204 by making a corresponding alteration 3or amendment in the amount of the tax payable in each case ; or\br@s (f) by reducing upon the application of the owner or on satisfactory evidence that the owner is untraceable and the need for reduction established, upon its own initiative, the valuation of any building which has been wholly or partly demolished or destroyed ; or\br@s (g) by correcting any clerical , arithmetical or other apparent error :\br@s Provided that the Executive Committee or the sub-committee as the case may be shall give at least one month’s notice to any person interested in any alteration 4 or amendment which the Executive Committee or sub-committee purposes to make under clauses (a), (b), (c) or (d) or sub-section (1) and of the date on which the alteration 4or amendment will be made.\br@s 5 (1-A) For the removal of doubts it is hereby declared that it shall not be necessary to follow the procedure laid down in sections 199 to 203 or in sections 207 to 210 in respect of any alteration made under clause (e) of sub-section (1) as a result of a determination of the rate of tax under section 148. \br@s (2) The provisions of sub-sections (2) and (3) of section 209 applicable to the objections thereunder mentioned shall, so far as may be, apply to may objection made in pursuance of a notice issued under sub-section (2) and to any application made under clause (f) of subsection (1).\br@s (3) Every alteration 1or amendment made under sub-section (1) shall be authenticated by the signature or signatures of the person authorized by section 210 and, subject to the result of an appeal under section 472, shall take effect from the date on which the next installment falls due.

(1) When any building is constructed or reconstructed or any addition is made thereto by an owner or occupier and the covered area exceeds by more than 25 per cent then it shall be compulsory for him to submit its information to the Municipal Commissioner within sixty days of the date of completion or date of occupation whichever is earlier, in the prescribed form.\br@s (2) The owners or occupiers, who do not submit information referred to in sub-section (1) without proper reasons, shall be liable to be punished with fine which may extend to an amount equal to double of the assessed general tax or Rs. 500.00 per day of the delay whichever is less.\br@s (3) The Municipal Commissioner may compound the proposed penalty under sub-section (2). \br@s

The owner of a building or land for which a remission or refund of the tax has been given under section 178 shall give notice of the re-occupation of such building or land within fifteen days of such reoccupation.\br@s

For the purpose of assessing, levying or collecting, but not for the purpose of imposing or granting exemption from the property taxes described in section 173 a 3Corporation may consolidate any two or more of such taxes :\br@s Provided that in any register or assessment list relating to a consolidated tax and used for the purpose of informing a person of his liability thereunder or for the purpose of securing compliance with the provisions of section 175 or section 176 the 4Municipal Commissioner shall, in the manner prescribed, apportion the consolidated tax amongst the several taxes comprised therein, so as to show approximately the amount assessed or collected on account of each separate tax.\br@s

(1) In assessing a consolidated tax effect shall be given to any partial or total exemption from any single tax comprised therein. \br@s (2) Such effect shall be given —\br@s (a) in the case of partial exemption, by means of the deduction from the total amount of the consolidated tax which would otherwise be leviable or assessable in respect of any buildings, or lands or both, to which the exemption applies, of a proportionate part, corresponding to the exemption, of the amount which might otherwise have been assessed on account of the single tax, and\br@s (b) in the case of a total exemption, by means of the deduction from such total amount of the whole amount assessed on account of the single tax.\br@s

(1) If any sum recoverable under the provisions of this Chapter is due or is about to become due from any person, and if the 1 Municipal Commissioner shall have reason to believe that such person is about to leave the limits of the City the 1Municipal Commissioner may direct the immediate payment by such person of such sum and cause a bill for the same to be presented.\br@s (2) If, on presentation of such bill, the said person does not forthwith pay the said sum or does not furnish security to the satisfaction of the 1Municipal Commissioner, the amount shall be levied by distress and sale of his movable property or by attachment and sale of his immovable property in the manner specified in Chapter XXI except that it shall not be necessary to serve upon him any notice of demand and the 1Municipal Commissioner’s warrant for distress and sale may be issued and executed without any delay.

The following matters shall be regulated and governed by rules except in so far as provision therefor is made by this Act, namely—\br@s (a) the assessment, collection or composition of taxes, 2 * * * \br@s (b) the prevention of evasion of taxes ;\br@s (c) the system on which refunds shall be allowed and paid ;\br@s (d) the fees for notices demanding payments on account of a tax and for the execution of warrants of distress ;\br@s (e) the rates to be charged for maintaining livestock distrained ; and\br@s (f) any other matters relating to taxes in respect of which this Act makes no provision or insufficient provision and provision is, in the opinion of the State Government, necessary.\br@s

(1) Subject to the provisions of any rules, a 3Corporation may by a special resolution confirmed by the State Government, provide that all or any persons may be allowed to compound for a tax.\br@s (2) Every sum due by reason of the composition of a tax under sub-section (1) shall be recoverable in the manner provided by Chapter XXI.\br@s

(1) A 1 Corporation may exempt, for a period not exceeding one year, from the payment of a tax or any portion of a tax, imposed under this Act, any person who is in its opinion, by reason of poverty, unable to pay the same, and may renew such exemption as often as it deems necessary.\br@s (2) A 1Corporation may, by a special resolution confirmed by the State Government, exempt from the payment of a tax, or any portion of a tax, imposed under this Act, any person or class of persons or any property or description of property.\br@s (3) The State Government may, by order exempt from the payment of a tax, or any portion of a tax, imposed under this Act, any person or class of persons or any property or description of property 2for such period as may be specified in the order.\br@s

(1) Where the owner or occupier primarily liable for payment of tax in respect of any premises has not paid by the date fixed by the Corporation in this behalf the tax or a part of the tax payable by him under this Act, simple interest at the rate of twelve per cent per annum from the date fixed for payment of tax upto the date of payment shall be payable by him upon the amount that has remained unpaid.\br@s (2) Without prejudice to the provisions of sub-section (1), where the owner or occupier of any premises has paid tax under section 207- A on the basis of his own assessment and the tax so paid is found by the Corporation to be less than the amount of tax payable by him, simple interest at the rate of twelve per cent per annum upon the amount by which the tax so paid falls short of the tax which is found to be payable, shall be payable by him from the date fixed by the Corporation for payment of tax upto the date the amount of such difference is paid. \br@s

(1) Every owner or occupier primarily liable for payment of tax in respect of any premises shall submit to the Corporation a statement in respect of the carpet area of the building, or in respect of the area of the land, as the case may be, in such form and at such times, as may be prescribed in this behalf.\br@s (2) If the Corporation is, on an enquiry conducted in this behalf in such manner as may be prescribed, satisfied that the statement submitted under sub-section (1) is factually incorrect in as much as may part of the carpet area of building, or any part of the area of the land, as the case may be, has been concealed, the Corporation may impose a penalty not exceeding one thousand rupees on the defaulter in such manner as may be prescribed in this behalf. \br@s

(1) The 1Corporation may by written communication call upon an inhabitant of the City to furnish such information as may be necessary in order to ascertain—\br@s (a) whether such inhabitant is liable to pay a tax imposed under this Act ;\br@s (b) at what amount h\br@se should be assessed ; (c) the annual value of the building or land which the occupied and the name and address of the owner.\br@s (2) If an inhabitant so called upon to furnish information omits to furnish it or furnishes information which is untrue, he shall be liable upon conviction to a fine which may extend to five hundred rupees.\br@s

The 2 Municipal Commissioner or any other officer or servant of the 1Corporation authorized in this behalf may enter, inspect and measure a building for the purposes of valuation, or enter and inspect a stable, coach house or other place wherein, there is reason to believe that there is a vehicle or animal liable to taxation under this Act and the provisions of sections 560, 562 and 563 shallapply to such inspections.\br@s

No assessment list or other list, notice, bill or other such document specifying, or purporting to specify, with reference to any tax, charge, rent or fee, any person, property, thing or circumstances shall be invalid by reason only of the mistake in the name, residence, place of business or occupation of the person, or in the description of the property, thing or circumstance, or by reason of any more clerical error or defect of form and it shall be sufficient that the person, property, thing or circumstance is described sufficiently for the purpose of identification, and it shall not be necessary to name the owner or occupier of any property liable in respect of a tax.\br@s

Whenever the 1Corporation determines to have recourse to supplementary taxation in any financial year, it shall do so by increasing, for the unexpired portion of the said year, the rates at which any tax imposable under this Act is being levied, subject to the limit and conditions for such tax prescribed in this Act or in the orders or sanction of the State Government or by levying, with due sanction, a tax imposable under this Act but not being levied at the time being.\br@s

No objection shall be taken to a valuation or assessment nor shall the liability of a person to be assessed or taxed by questioned in any other manner or before any other authority than is provided in this Act.\br@s

(1) The State Government may make rules for the purpose of carrying into effect the provisions of this Chapter.\br@s (2) Without prejudice to the generality of the foregoing power such rules may provide for— (a) matters referred to in section 219 ;\br@s (b) maintenance and inspection of register regarding taxes on vehicle, boat and animal ;\br@s (c) 1 * * * \br@s (d) 2 * * * \br@s (e) advance payment of taxes ;\br@s (f) summary disposal of objections to distress and attachment ;\br@s (g) the conditions on which exemptions and refunds of taxes shall be allowed.\br@s

(1) Subject to any general directions which the Executive Committee may from time to time give in this behalf, the 4Municipal Commissioner shall maintain and keep in repair all 3Corporation drains and may with the approval of the Executive Committee construct such new drains both within and without the City as shall from time to time be necessary for effectually draining the City andareas immediately around it:\br@s Provided that no drain shall be constructed within the limits of a Cantonment without the approval of the State Government and otherwise than with the concurrence of the General Officer Commanding the Division in which such Cantonment is situate or, in the event of such concurrence being withheld, the previous sanction of the Central Government.\br@s (2) The 1Municipal Commissioner shall also, in the case of any street in which there is a municipal drain construct at the charge of the 2Corporation Fund such portion of the drain of any premises to be connected with such a 2Corporation drain as it shall be necessary to lay under any part of such street and the portion of any connecting drains so laid under the street shall vest in the 2Corporation and be maintained and kept in repair by the 1Municipal Commissioner as a 2Corporation drain.\br@s

(1) Subject to the other provisions of this Act the 1Municipal Commissioner may at any time with the approval of the 2Corporation declare that any drain or part thereof or any drainage or sewage disposal works situate within the City or serving the City or any part thereof shall, from such date as may be specified in the declaration, become vested in the 2Corporation.\br@s (2) The 1Municipal Commissioner in deciding whether a declaration should be made under sub-section (1) shall have regard to all the circumstances of the case and, in particular, to the following considerations—\br@s (a) whether the drain or works in question is or are adapted to, or required for, any general system of drainage or drainage disposal or sewage disposal which the 1Municipal Commissioner has provided for the City or any part thereof;\br@s (b) whether the drain is constructed under a street or under land reserved by or under the provision of this Act or any other law for the time being in force for a street.\br@s (c) the number of buildings which the drain is intended to serve, and whether, regard being had to the proximity of other buildings or the prospect of future development, it is likely to be required to serve additional buildings;\br@s (d) the method of construction and state of repair of the drain or works ; and\br@s (e) whether the making of the proposed declaration would be seriously detrimental to the owner of the drain or works in question.\br@s (3) Whenever it is proposed to make a declaration under subsection (1), the 1Municipal Commissioner shall give written notice of the proposal to the owner or owners of the drain or works in question to show cause against it within a period of one month from the date of service and the declaration shall not be made until the expiry of the period aforesaid, or where any objection has been lodged until the objection has been disposed of. drain or drainage or sewage disposal works situate within the jurisdiction of some local authority other than the 1Corporation or situate within the City but serving an area, or part of an area, within the jurisdiction of such local authority, the 2Municipal Commissioner shall also give notice to that authority and no declaration shall be made until either that authority has consented thereto or the State Government has dispensed with the necessity of such consent, whether unconditionally or subject to the such conditions as it may think fit to impose.\br@s (5) No declaration under sub-section (1) shall be made with respect to any drain or part of a drain or any works as is or are vested in some local authority other than the 1Corporation or the Central Government or a Railway Administration, except on the request of the authority, the Government or Railway Administration, concerned.\br@s (6) Any person who, immediately before the making of a declaration under sub-section (1) was entitled to use the drain in question shall notwithstanding the declaration be entitled to use it, or any drain substituted therefor, to the same extent as previously.\br@s

(1) The 2Municipal Commissioner may carry any 1Corporation drain through, across or under any street or any place laid out as or intended for a street or under cellar or vault which may be under any street, and, after giving reasonable notice in writing to the owner or occupier, into, through or under any land whatsoever within the City or, for the purpose of outfall or distribution of sewage, without the City.\br@s (2) The 2Municipal Commissioner may enter upon, and construct any new drain in the place of an existing drain in any land wherein any 1Corporation drain has been already lawfully constructed, or repair or alter any 1Corporation drain so constructed.\br@s

The 2Municipal Commissioner may enlarge, alter the course of, deepen, lessen, arch over or otherwise improve any 1Corporation drain, and may discontinue, close up or destroy any such drain which has, in his opinion, become useless or unnecessary, or prohibit the use of any such drain either entirely or for the purpose of foul water drainage or for the purpose of surface drainage:\br@s Provided that, if by reason of anything done under this section any person is deprived of the lawful use of any drain the 2Municipal Commissioner shall, as soon as may be, provide at the cost of the 1Corporation for his use some other drain as effectual as the one which has been discontinued, closed up or destroyed or the use of which has been prohibited.\br@s

(1) The 1 Corporation drains shall be so constructed maintained and kept as to create the least practicable nuisance and shall be from time to time properly flushed, cleansed and emptied.\br@s (2) For the purpose of flushing, cleansing and emptying the said drains, the 2Municipal Commissioner may construct or set up such reservoirs, sluices, engines and other works as he shall from time to time deem necessary.\br@s

The owner of a private street may, subject to his fulfilling the conditions to be prescribed connect the drain of such street with a1Corporation drain.\br@s

(1) Subject to the other provisions of this section, the owner or occupier of any premises shall be entitled to cause his drain to empty into a 1Corporation drain or other place lawfully set apart for the discharge of drainage :\br@s Provided that nothing in this sub-section shall entitle any person—\br@s (a) to discharge directly or indirectly into any 1Corporation drain any trade effluent except in accordance with the provisions of section 240 or any liquid or other matter the discharge of which is prohibited by or under this Act or any other law for the time being in force;\br@s (b) where separate 1Corporation drains are provided for foul water and for surface water to discharge directly or indirectly—\br@s (i) foul water into a drain provided for surface water ; or\br@s (ii) except with the permission of the 2Municipal Commissioner surface water into a drain provided for foul water;or\br@s (c) to have his drain made to communicate directly with a storm water overflow drain.\br@s (2) Every person desirous of availing himself of the provisions of sub-section (1) shall obtain the written permission of the 2Municipal Commissioner and shall comply with such conditions as the 2Municipal Commissioner may prescribe as to the mode in which and the superintendence under which connections with 1Corporation drains or other places aforesaid are to be made.\br@s (3) The 1Municipal Commissioner may, if he thinks fit, in lieu of giving permission aforesaid under sub-section (2) himself so connect the drain or sewer after giving notice to the person concerned within fourteen days of the receipt of his application. In any case where the 1Municipal Commissioner proceeds under this sub-section, the reasonable expenses of any work so done shall be paid by the person aforesaid.\br@s

(1) Where a person proposes to construct a drain, the 1Municipal Commissioner may, if he considers that the proposed drain is or is likely to be needed to form part of a general drainage system which the 2Corporation has provided or proposes to provide, require him to construct the drain in a manner differing, as regards material or size of pipes, depth, fall, direction or outfall or otherwise from the manner in which he proposes to construct, and thereupon it shall be the duty of such person to comply with the requisition of the 1Municipal Commissioner.\br@s (2) The 1Municipal Commissioner shall reimburse from the 2Corporation Fund to the person constructing a drain in accordance with sub-section (1), the extra expenditure reasonably incurred by him in complying with the requisition and until the drain becomes a 2Corporation drain, he shall also from time to time reimburse to him from the 2Corporation Fund so much of any expenses reasonably incurred by him in repairing or maintaining it as may be attributable to the requisition having been made and complied with.\br@s

Except as provided by sections 233 and 234 or as may be prescribed, no person shall make or cause to be made any connection of a drain belonging to himself or to some other person with any 2Corporation drain or other place lawfully set apart for the discharge of drainage and the 1Municipal Commissioner may, after giving notice to the person concerned, close, demolish, alter or remake any such connection made in contravention of this section, and the expenses incurred by the 1Municipal Commissioner in so doing shall be paid by the owner of the street, or the owner or occupier of the premises, for the benefit of which the connection was made, or by the person offending.\br@s

(1) If it shall appear to the 1Municipal Commissioner that the only means or the most convenient means by which the owner or occupier of any premises can cause his drain to empty into a 2Corporation drain or other place lawfully set apart for the discharge of drainage, is by carrying the same into, through or under any land belonging to some person other than the said owner or occupier, the 1Municipal Commissioner may, by order in writing, authorize the said owner or occupier to carry his drain into, through or under the said land in such manner as he shall think fit to allow.\br@s (2) No authorization shall be made under sub-section (1) except after notice to the owner of the land and considering the objection, if any, filed by him.\br@s (3) Every such order under sub-section (1) bearing the signature of the 1 Municipal Commissioner shall be a complete authority to the person in whose favour it is made, or his agent or servant to enter after reasonable written notice, upon the said land with assistants and workmen, at any time between sunrise and sunset and to execute the necessary work. (4) Subject to the provisions of this Act, the owner or occupier of any premises, any agent or person employed by him for this purpose, may, after giving or tendering to the owner of any land, wherein a drain has been already lawfully constructed for the drainage of his said premises, reasonable written notice of his intention so to do, enter upon the said land with assistants and workmen, at any time between sunrise and sunset and construct a new drain in the place of the existing drain or repair or alter any drain so constructed.\br@s (5) In executing any work under this section as little damage, as may be, shall be done, and the owner or occupier of the premises for the benefit of which the work is done shall—\br@s (a) cause the work to be executed with the least practicable delay;\br@s (b) fill in, reinstate and make good, at his own cost and with the least practicable delay, the ground or portion of any building or other construction opened, broken up or removed for the purpose of executing the said work;\br@s (c) pay compensation to any person who sustains damage by the execution of the said work.\br@s (6) If the owner of any land, into, through or under which a drain has been carried under this section whilst such land was unbuilt upon, shall subsequently at any time desire to erect a building on such land, the 1Municipal Commissioner shall by written notice require the owner or occupier of the premises for the benefit of which such drain was constructed to close, remove or divert the same in such manner as shall be approved by the 1Municipal Commissioner and to fill in, reinstate and make good the land as if the drain had not been carried into, through or under the same:\br@s Provided that no such requisition shall be made, unless, in the opinion of the 1Municipal Commissioner it is necessary or expedient, in order to admit of the construction of the proposed building or the safe enjoyment thereof, that the drain be closed, removed or diverted.\br@s

Where any premises are, in the opinion of the 1Municipal Commissioner, without sufficient means of effectual drainage and a 2Corporation drain or some place lawfully set apart for the discharge of drainage is situate at a distance not exceeding one hundred feet from some part of the said premises the 1Municipal Commissioner may, by written notice, require the owner or occupier of the said premises —\br@s (a) to make a drain of such material, size, description and laid at such level and according to such alignment and emptying into such municipal drain or place aforesaid as the 1Municipal Commissioner may consider necessary or suitable.\br@s (b) to provide and set up and all such appliances and fittings as may appear to the 1Municipal Commissioner necessary for the purposes of gathering and receiving the drainage from and conveying the same off the said premises and of effectually flushing such drainand every fixture connected therewith;\br@s (c) to remove any existing drain, or other appliance or thing used or intended to be used for drainage, which in the opinion of the 1Municipal Commissioner is injurious to health or to provide a closed drain in substitution of an open drain or to provide similarly such other appliances or things as he may consider necessary ;\br@s (d) to provide and set up all such appliances and fittings as may appear to the 1Municipal Commissioner to be necessary for the purpose of gathering and receiving the waste water from floors and galleries of buildings when they are washed, and conveying the same through spouts or by down-take pipes, so as to prevent such waste water from discharging directly on streets or inside any lower portion of the premises.\br@s

Where any premises are, in the opinion of the 1Municipal Commissioner, without sufficient means of effectual drainage, but no 2Corporation drain is situated within one hundred feet from some part of the said premises, the 1Municipal Commissioner may, by written notice, require the owner or occupier of the said premises —\br@s (a) to construct a drain up to a point to be prescribed in such notice, but not distant more than one hundred feet from some part of the said premises;or\br@s (b) to construct a closed cesspool of such material, size and description in such position, at such level, and with allowance for such fall as the 1Municipal Commissioner thinks necessary and also construct a drain or drains emptying into such cesspool.\br@s

Subject to the provisions of this Act, the rules and the bye-laws and any other law in that behalf, the occupier of any trade premises, may, discharge into the 1 Corporation drains any trade effluent proceeding from those premises.\br@s

(1) Where the 2Municipal Commissioner is of the opinion that any group or block of premises, any part of which is situated within one hundred feet of a 1Corporation drain, or other place set apart by the 1Corporation for the discharge of drainage already existing or about to be constructed, may be drained economically or advantageously in combination than separately, the 2Municipal Commissioner may cause such group or block of premises drained by such method as appears to the 2Municipal Commissioner to be best suited therefor, and the expenses incurred by the 2Municipal Commissioner in so doing shall be paid by the owners of such premises in such proportions as the 2Municipal Commissioner thinks fit.\br@s (2) Not less than fifteen days before any work under this section is commenced the 2Municipal Commissioner shall give, written notice to the owners of all the premises to be drained, of—\br@s (a) the nature of intended work ;\br@s (b) the estimated expenses thereof ; and\br@s (c) the proportion of such expenses payable by each owner.\br@s (3) The owners for the time being of the several premises constituting a group or block drained under sub-section (1) shall be the joint owners of every drain constructed, erected or fixed, or continued for the special use and benefit only of such premises, and shall in the proportions in which it is determined that the owners of such premises are to contribute to the expenses incurred by the 2Municipal Commissioner under sub-section (1), be responsible for the expenses of maintaining every such drain in good repair and efficient condition :\br@s Provided that every such drain shall from time to time be flushed, cleansed and emptied by the 2Municipal Commissioner at the charge of the 1Corporation Fund.\br@s

(1) Where a drain connecting any premises with a 1Corporation drain or other place lawfully set apart for the discharge drainage, even though such drain is sufficient for the effectual drainage of the said premises and is otherwise unobjectionable, is not, in the opinion of the 2Municipal Commissioner, adapted to the general drainage system of the City or of the part of the City in which such drain is situated, the 2Municipal Commissioner may— discontinue, or destroy the said drain and after notice to the owner or occupier of the premises, cause any work necessary for that purpose to be done;\br@s (b) direct that such drain shall, from such date as he may specify in this behalf, be used for sullage and sewage only, or for rainwater only or for unpolluted sub-soil water only, or for both rain-water and unpolluted sub-soil water only, and by written notice require the owner or occupier of the premises to make an entirely distinct drain for rain-water or unpolluted sub-soil water, or for both rain water and unpolluted sub soil water or sullage and sewage.\br@s (2) No drain may be closed, discontinued or destroyed by the 1Municipal Commissioner under clause (a) of sub-section (1) except on condition of his providing another drain as effectual for the drainage of the premises and communicating with any 2Corporation drain or other place aforesaid which the 1Municipal Commissioner thinks fit ; and the expense of the construction of any drain so provided by the 1Municipal Commissioner and of any work done under the said clause shall be paid by the 1Municipal Commissioner.\br@s

Subject to the provisions of sub-section (2) of section 228 every drain which has been constructed, laid, erected or set up, whether at the expense of 2Corporation or not, or which is continued for the sole use and benefit of any premises or group of premises shall—\br@s (a) notwithstanding anything contained in section 244 vest in the owner of such premises, or group of premises on and from the appointed day:\br@s (b) be provided with all such further appliances and fittings as may appear to the 1Municipal Commissioner necessary for the more effectual working of the same, and also be maintained in good repair and efficient condition by the owner of such premises or group of premises, and be from time to time flushed, cleansed and emptied by the 1Municipal Commissioner at the charge of the 2Corporation Fund.\br@s

All drains, ventilation-shafts and pipes and all appliances and fittings connected with drainage works constructed, erected or set up at any time at the charge of the 2Corporation Fund or at the charge of the funds of any local authority having jurisdiction in any part of the City before the date of the establishment of the 2Corporation upon any premises not belonging to the 2Corporation and otherwise than for the sole use and benefit of the premises or group of premises shall, unless the 2Corporation has otherwise determined, vest in the 2Corporation.\br@s

(1) It shall not be lawful newly to erect any building or reerect any building, or to occupy any building newly erected or reerected unless and until—\br@s (a) a drain be constructed of such size, material and description, at such level and with such fall as shall appear to the 1Municipal Commissioner to be necessary for the effectual drainage of such building;\br@s (b) there have been provided for and set up in such building and in the premises appurtenant thereto, all such appliances and fittings as may appear to the 1Municipal Commissioner to be necessary for the purposes of gathering and receiving the drainage from and conveying the same off, the said building and the said premises, and of effectually flushing the drain of the said building and every fixture connected therewith.\br@s (2) The drain to be constructed as aforesaid shall empty into a 2 Corporation drain or into some place lawfully set apart for the hundred feet from the premises in which such building is situated; but if no such drain or place is within that distance then such drain shall empty into such cesspool as the 1Municipal Commissioner may direct.\br@s

Every owner of a drain connected with a 2Corporation drain or other place lawfully set apart for the discharge of drainage shall be bound to allow the use of it to others or to admit other persons as joint owners thereof, on such terms as may be prescribed under section 247. \br@s

(1) Any person desiring to drain his premises into a 2Corporation drain through a drain of which he is not san owner, may make a private arrangement with the owner for permitting his use of the drain, or may apply to the 1Municipal Commissioner for authority to use such drain or to be declared joint owner thereof.\br@s (2) Where the 1Municipal Commissioner is of opinion, whether on receipt of such application or otherwise, that the only, or the most convenient means by which the owner or occupier of any premises can cause the drain of such premises to empty into a 2Corporation drain or other place legally set apart for the discharge of drainage is through a drain communicating with such 2Corporation drain or place aforesaid but belonging to some person other than the said owner or occupier, the 1Municipal Commissioner, after giving the owner of the drain a reasonable opportunity of stating any objection thereto, may, if no objection is raised or if an objection is raised the same is disallowed by an order in writing, either authorize the said owner or occupier to use the drain or declare him to be a joint owner thereof, on such conditions as to the payment of rent or compensation and as to connecting the drain of the said premises with the communicating drain and as to the respective responsibilities of the parties for maintaining, repairing, flushing, cleansing and emptying the joint drain, or otherwise as may appear to him to be equitable.\br@s (3) Every such order bearing the signature of the 1Municipal Commissioner shall be a complete authority to the person in whose favour it is made, or to any agent or person employed by him for this purpose, after giving or tendering to the owner of the drain the compensation or rent specified in the said order and otherwise fulfilling, as far as possible, the conditions of the said order and after giving to the owner of the drain reasonable written notice of his intention so to do, to enter upon the land in which the said drain is situate with assistants and workmen, at any time between sunrise and sunset, and, subject to all provisions of this Act, to do all such things as may be necessary for —\br@s (a) connecting the two drains ; or\br@s (b) renewing, repairing or altering the connections ; or\br@s (c) discharging any responsibility attaching to the persons in whose favour the 1Municipal Commissioner’s order is made for maintaining, repairing, flushing, cleansing or emptying the joint drain or any part thereof.\br@s (4) In respect of the execution of any work under sub-section (3) the person in whose favour the 1Municipal Commissioner’s order is made shall be subject to the same restrictions and liabilities which are specified in sub-section (4) of section 237.\br@s

Whenever it is provided in this Chapter that steps shall or may be taken for the effectual drainage of any premises, the 1Municipal Commissioner may require that there shall be one drain for sullage, excrementitious matter and polluted water and another and an entirely distinct drain for rain-water and unpolluted sub-soil water, or for both rain-water and unpolluted sub-soil water each emptying into separate 2Corporation drains or other places lawfully set apart for the discharge of drainage or other suitable places. \br@s

(1) For the purpose of ventilating any drain or cesspool, whether belonging to the 2Corporation or to any other person, the 1Municipal Commissioner may erect upon any premises or affix to the outside any building or to any tree any such shaft or pipe as well appear to the 1Municipal Commissioner necessary and cut through any projection from any building including the eaves of any roof thereof in order to carry up such shaft or pipe through any such projection and lay in, though, or under any land such appliances as may in the opinion of the 1Municipal Commissioner be necessary for connecting such ventilating shaft or pipe with the drain or cesspool intended to be ventilated.\br@s (2) Such shaft or pipe shall be erected or affixed or removed in such a manner as may be prescribed.\br@s (3) If the 1Municipal Commissioner declines to remove a shaft or pipe when so required by the owner of the premises, building or tree, upon or to which the same has been erected or affixed, in accordance with the rules made in this behalf, the owner may within fifteen days of the receipt by him of the reply of the 1Municipal Commissioner apply to the Judge for an order that the same be removed.\br@s (4) In the hearing and the disposal of the application under sub-section (3), the Judge shall follow such procedure as may be prescribed, and the order passed by the Judge shall be final and binding upon the parties.\br@s (5) Where the owner of any building or land cut through, opened or otherwise dealt with under sub-section (1) is not the owner of the drain or cesspool intended to be ventilated, the 1Municipal Commissioner shall, so far as practicable, reinstate and made good such building, and fill in and make good such land, at the charge of the 2Corporation Fund.\br@s

The 1Municipal Commissioner may cause all or any 2Corporation drains to empty into any place, whether within or without the City, and dispose of the sewage at any place whether within or without the City, and in any manner which he shall deem suitable for such purpose : Provided that ,—\br@s (a) the 1Municipal Commissioner shall not cause any 2Corporation drain to empty into any place into which a 2Corporation drain has not heretofore emptied, or dispose of sewage of any place or in any manner at or in which sewage has not heretofore been disposed of, without the sanction of the 2Corporation;\br@s (b) no 2Corporation drain shall be made to empty into any place, sand no sewage shall be disposed of at any place or in any manner which the State Government shall think fit to disallow.\br@s

The 1Municipal Commissioner may, for the purpose of receiving, treating, storing, disinfecting, distributing or otherwise disposing of sewage, construct any work within or without the City or purchase or take on lease any land, building, engine, material or apparatus either within or without the City or enter into any arrangement with any person for any period not exceeding twenty years for the removal or disposal of sewage within or without the City.\br@s

(1) It shall not be lawful to construct any water-closet or privy for any premises except with the written permission of the 1Municipal Commissioner and in accordance with such terms not being inconsistent with any rule or bye-law for the time being in force, as he may prescribe.\br@s (2) In prescribing any such terms the 1Municipal Commissioner may determine in each case—\br@s (a) whether the premises shall be served by the water-closet or by the privy system, or partly by one and partly by the other ; and\br@s (b) what shall be the site or position of each water-closet or privy.\br@s (3) If any water-closet or privy is constructed on any premises in contravention of sub-section (1), the 1Municipal Commissioner, may, after giving not less than ten days’ notice to the owner or occupier of such premises, close such water closet or privy and later or demolish the same, and the expenses incurred by the 1Municipal Commissioner, in so doing shall be paid by such owner or occupier or by the person offending\br@s

(1) It shall not be lawful to erect or to re-erect or convert within the meaning of section 315 any building for, or intended for human habitation at or in which labourers or workmen are to be employed, without such water-closet or privy accommodation and such urinal accommodation and accommodation for bathing or for the washing of clothes and domestic utensils of such building as the 1Municipal Commissioner may prescribe.\br@s (2) In prescribing any such accommodation the 1Municipal Commissioner may determine in each case—\br@s (a) whether such building or work shall be served by the watercloset or by the privy system, or partly by one and partly by the other;\br@s (b) what shall be the site or position of each water-closet, privy, urinal or bathing or washing place and their number.\br@s (3) In determining the accommodation to be require under subsection (2) the 1Municipal Commissioner shall have regard to the necessity of providing adequate and suitable water-closet or privies and bathing places for domestic servants employed by the occupants of the building.\br@s

The 1Municipal Commissioner shall provide and maintain in proper and convenient situations water-closets, latrines, privies and urinals, and other similar conveniences for public accommodation.\br@s

(1) All drains, ventilation shafts and pipes, cesspools, house-gullies, water-closets, privies, latrines and urinals and bathing and washing places which do not belong to the 2Corporation or which have been constructed, erected or set up at the charge of the 2Corporation, for the use or benefit of the owner or occupier of the said premises, shall be open to inspection and examination by the 1Municipal Commissioner.\br@s (2) The 1Municipal Commissioner may, in the course of an inspection or examination under sub-section (1) obtain and take away a sample of any trade effluent which is passing from the premises inspected or examined into a 2Corporation drain. The analysis of such sample shall be made in the manner prescribed.\br@s (3) The results of any analysis of the sample taken under subsection (2) shall be admissible as evidence in any legal proceedings under this Act.\br@s

For the purpose of such inspection or examination the 1Municipal Commissioner may cause the ground or any portion of any drain or other work exterior to a building, which he shall think fit, to be opened, broken up or removed:\br@s Provided that in the prosecution of any such inspection and examination as little damage as possible shall be done.\br@s

When as a result of any inspection or examination under section 255 the 1Municipal Commissioner finds that any drain, ventilation-shaft or pipe, cesspool, house-gully, water-closet, privy, latrine, urinal or bathing or washing place is not in good order or condition or except when the same has been erected by or under the order of the 1Municipal Commissioner, if it has been constructed in contravention of any of the provisions of this Act or the rules or byelaws or of any enactment for the time being in force, the 1Municipal Commissioner may require the owner by written notice to remove the defect in such manner as he may, subject to any rules or bye-laws in force, direct.\br@s

(a) in contravention of any of the provisions of this Act or rules or bye-laws or of any notice issued or direction given under this Act or without the written permission of the 1Municipal Commissioner, in any way alter the fixing, disposition or position of, or construct, erect, set up, renew, rebuild, remove, obstruct, stop up, destroy, or change any drain, ventilation-shaft or pipe, cesspool, water-closet, privy, latrine or urinal or bathing or washing place or any trap, covering or other fitting or appliance connected therewith;\br@s (b) without the written permission of the 1Municipal Commissioner, renew, rebuild or unstop any drain, ventilation-shaft or pipe- cesspool, water-closet, privy, latrine or bathing or washing place or any fitting or appliance, which has been or has been ordered to be discontinued, demolished or stopped up under any of the provisions of this Act or the rules or bye-laws;\br@s (c) without the written permission of the 1Municipal Commissioner, make any projection over or encroachment upon or in any way injure or cause or permit to be injured, any drain, cesspool, house-gully, water-closet, privy, latrine or urinal or bathing or washing place:\br@s Provided that nothing in this clause shall apply to any weathershade in width not exceeding three feet over any window which does not front a wall or window of any adjoining house;\br@s (d) drop, pass or place, or cause or permit to be dropped, passed or placed, into or in any drain any brick, stone, earth, ashes, dung or any substance or matter which is likely to injure the drain or to affect prejudicially the treatment and disposal of its contents;\br@s (e) pass or permit or cause to be passed, into any drain provided for a particular purpose any matter or liquid for the conveyance of which such drain has not been provided ;\br@s (f) except as provided by or under this Act cause or suffer to be discharged into any drain any chemical refuse or waste steam or any liquid of temperature higher than one hundred and twenty degrees Fahrenheit, being refuse or steam which when so treated is, either along or in combination with the contents of the drain, dangerous or the cause of a nuisance or prejudicial to health;\br@s (g) cause or suffer to be discharge into any drain, carbide of calcium or any such crude petroleum, any such oil made from petroleum, coal, shale or bituminous substances, or such product of petroleum of mixture containing petroleum as gives off under test an inflammable vapour at a temperature of less than seventy-three degrees Fahrenheit.\br@s (2) If the person carrying out any work or doing any act in contravention of the clauses of sub-section (1) is not at the time of notice the owner of such building or work then the owner of such building or work shall be deemed to have been responsible for carrying out all such requisitions in the same way as the person so carrying out would have been liable.\br@s

(1) No person shall injure or foul any water-closet, privy, urinal or bathing or washing place or any fittings or appliances in connection therewith which have been provided for the use in common of the inhabitants of one or more buildings.\br@s (2) If any such water-closet, privy, urinal or bathing or washing place or any fitting or appliance in connection therewith or the approaches thereto or the walls, floors or seats or anything used in connection therewith are in such a state as to be nuisance or source of annoyance to any inhabitants of the locality or passerby for want of proper cleaning thereof, such of the persons having the use thereof as may be in default or in the absence of evidence as to which of the persons having the use thereof in common is in default, every such person shall be deemed to have contravened the provisions of this section.\br@s (3) The provisions of this section shall not exempt the owner of the building or buildings from any penalty to which he may otherwise have rendered himself liable.\br@s

The State Government may, by order which shall be published in the official Gazette apply to any area to be specified in the order but not lying beyond a distance of two miles from the limits of the City, the provisions of any section in this Chapter and of rules made thereunder, subject to such adaptations whether by way of modification, addition or omission, as it may deem to be necessary and expedient and thereupon the provision and rules so applied shall have effect in that area as if it were within the City.\br@s

Any person aggrieved by,—\br@s (a) a declaration under sub-section (1) of section 229, or\br@s (b) notice under sub-section (1) of section 230 to connect the drain or sewer, or\br@s (c) the requisition of the 1Municipal Commissioner under subsection (1) of section 235 to construct a drain in a different manner, or\br@s (d) a notice of the 1Municipal Commissioner under section 236 of his intention to close, demolish, alter or remake any connection, or\br@s (e) an order of the 1Municipal Commissioner under subsection (1) of section 237 authorizing as owner or occupier to carry his drain into, through or under the land of another person, or\br@s (f) a notice of the 1Municipal Commissioner under sub-section (6) of section 237 requiring the owner or occupier of any premises to close, remove or divert the drain in a particular manner ; or\br@s (g) a notice of the 1Municipal Commissioner under section 239, or\br@s (h) a notice under clause (a) or a direction or notice under clause (b) of sub-section (1) of section 242 issued by the 1Municipal Commissioner, or\br@s (i) a notice under sub-section (3) of section 252 of the 1Municipal Commissioner’s intention to close any water-closet or privy or to alter or demolish it, or\br@s (j) a notice under section 257 requiring the owner to remove defects in any washing place, may, within the prescribed time and in the prescribed manner, appeal to the Judge.\br@s

(1) The State Government may make rules for the purposes of carrying into effect the provisions of this Chapter,\br@s (2) Without prejudice to the generality of the foregoing powers such rules may provide for —\br@s (a) filling and disposal of objections to any notice under subsection (3) of section 229 ;\br@s (b) the conditions and restrictions to be observed with reference to drains ;\br@s (c) the construction, maintenance, improvement, alteration and discontinuance of drains ;\br@s (d) the conditions for connections with municipal drains ;\br@s (e) the conditions on which occupiers of trade premises may discharge any trade effluent into 2Corporation drains;\br@s (f) the manner in which samples of trade effluent shall be analysed ;\br@s (g) the conditions to be observed in erecting or affixing ventilation-shafts or pipes under section 249;\br@s (h) the construction, position and maintenance of water-closets, privies, urinals, bathing places or washing places;\br@s (i) the manner in which the 1Municipal Commissioner shall exercise his powers under sections 255 and 256 ;\br@s (j) payment of expenses of inspection and examination under sections 255 and 256;section 261 and the period within which appeals may be filed.\br@s

For the purposes of providing the City with a supply of water, proper and sufficient, for public and private purposes, the 2Municipal Commissioner may, subject to the provisions of this Act, construct, maintain, repair, alter, improve and extend waterworks either within or without the City or close any such works and substitute other such works and for the purposes aforesaid do all such acts as may be incidental or necessary, including in particular-\br@s (i) the carrying of such works through, across, over or under any street or place, and after reasonable notice in writing to the owner or occupier, into, through, over or under any building or land;\br@s (ii) purchasing or taking on lease any waterworks or right to store or to take or convey water either within or without the limits of 1Corporation.\br@s

(1) The State Government may appoint any person for the purposes of inspecting any waterworks referred to in section 263 or any water connection and such person shall have liberty to enter upon and inspect any such waterworks or water connection.\br@s (2) The 2Municipal Commissioner and any person appointed under sub-section (1) may, for the purpose of inspecting repairing or executing any work in, upon or in connection with any waterworks, or water connection at all reasonable times,—\br@s (a) enter upon and pass through any land within or without the City, adjacent to or in the vicinity of such water-works, or waterconnection in whomsoever such land may vest ;\br@s (b) cause to be conveyed into and through any such land all necessary men, materials, tools and implements.\br@s (3) In the exercise of any power conferred by this section, as little damage as can be, shall be done, and compensation for any damage which may be done in the exercise of any of the said powers shall be paid from the funds of the 1Corporation.\br@s (4) Where any person has been appointed by the State Government for the purposes of inspection under sub-section (1) he shall, as soon as may be, submit his report to the 2Municipal Commissioner who shall without delay lay it before the Executive Committee which shall then forward it to the State Government with its comments.\br@s (5) The State Government shall upon receipt of the report with the comments; if any, of the Executive Committee, consider it and communicate its decisions to the 1Corporation and the 1Corporation shall be bound to implement the decision of the State Government, subject to funds being available for the purpose.\br@s

The 2 Municipal Commissioner shall provide, maintain and repair fire-hydrants and all incidental works for the supplying of water in case of fire at all such places as shall be deemed to be necessary.\br@s

(1) For the purpose of carrying, renewing and repairing water-mains, pipes and ducts within or without the City, the 2Municipal Commissioner shall have the same powers and be subject to the same restrictions as he has and is subject to under the provisions hereinbefore contained for carrying, renewing and repairing drains within the City.\br@s (2) This section shall apply in respect of carrying, renewing and repairing private water-mains, pipes and ducts as it applies in respect of carrying, renewing and repairing, municipal water-mains, pipes and ducts.\br@s

(1) Except with the prior written sanction of the 2Municipal Commissioner, no person shall erect or re-erect any building, wall or structure of any kind or construct any street or minor railway over any 1Corporation water-mains.\br@s (2) Except with the permission of the 1Corporation, no person shall —\br@s (a) erect any building for any purpose whatsoever on any part of such area as shall be demarcated by the 2Municipal Commissioner near any lake, tank, well, reservoir or river from which a supply of water is derived for a 1Corporation water-works ;\br@s (b) remove, alter, injure, damage or in any way interfere with the demarcation works of the area aforesaid ;\br@s (c) extend, alter or apply to any purpose different to that to which the same has been heretofore applied, any building already existing within the area aforesaid ; or\br@s (d) carry on, within the area aforesaid, any operation of manufacture, trade or agriculture in any manner or do any act whatsoever, whereby injury may arise to any such lake, tank, well, reservoir or river or to any portion thereof or whereby the water of any such lake, tank, well, reservoir or river may be fouled or rendered less wholesome.\br@s (3) Except as hereinafter provided, no person shall —\br@s (a) cause or suffer to percolate or drain into or upon any 1Corporation waterworks or to be brought there into or thereupon anything or to be done any act, whereby the water therein may in any way be foule or polluted or its quality altered ;\br@s (b) alter the surface of any 1Corporation land adjacent to or forming part of any such work by digging there into or depositing thereon any substance ;\br@s (c) cause or suffer to enter into the water in such work any animal;\br@s (d) throw or put anything into or upon the water in such work;\br@s (e) bathe in or near such work;or\br@s (f) wash or cause to be washed in or near such work any animal or thing.\br@s

(1) For any building, wall or structure erected or reerected in contravention of the provisions of sub-section (1) of section 267 or any building erected in contravention of clause (a) of subsection (2) of section 267, the 2Municipal Commissioner may, with the approval of the Executive Committee, cause the same to be removed or otherwise dealt with as shall appear fit to him and the expenses thereby incurred shall be paid by the person offending.\br@s (2) If any person persists in acting in contravention of the provisions of clauses (b), (c) and (d) of sub-section (2) of section 267, the 2Municipal Commissioner may, with the approval of the Executive Committee, take measures including the use of such minimum force, as may be necessary, to stop further contravention of the provisions of the aforesaid clauses.\br@s (3) The 2Municipal Commissioner may by notice require the owner or occupier on whose land a drain, privy, latrine, urinal, cesspool or other receptacle for filth or refuse exists within fifty feet of a spring, well, tank, reservoir, river or other source from which water is, or may be, derived for public use, to remove or close the same within one week from the service of such notice and if such owner or occupier fails to comply with the demand within the time allowed, the 2Municipal Commissioner, may cause the same to be removed or closed and the ex penses thereby incurred shall be paid by the person offending.\br@s

Where water-tax is levied on any buildings or land it shall be incumbent on the 2Municipal Commissioner to make provision for supply of water to owners and occupiers of such buildings or land in such manner, during such time and in such quantity as may be prescribed by rules :\br@s Provided that the 1Corporation shall not be liable to any forfeiture, penalty or damages for failure to supply water if the same arises from accident or from unusual drought or other unavoidable causes.\br@s

(1) No person shall fraudulently dispose of any water supplied to him by the 1Corporation.\br@s (2) No person to whom a private supply of water is furnished by the 1Corporation shall, except when the water-supply is charged for by measurement, permit any person who does not reside on premises in respect of which water-tax is paid to carry away water from the premises to which it is supplied.\br@s (3) No person who does not reside on premises in respect of which water-tax is paid shall carry away water from any premises to which the private supply is furnished by the 1Corporation, unless in any case in which supply is charged for by measurement, he does so with the permission of the person to whom the said supply is furnished.\br@s

(1) The State Government may make rules for the purposes of carrying into effect the provisions of this Chapter.\br@s (2) Without prejudice to the generality of the foregoing powers such rules may provide for —\br@s (a) the maintenance, cleansing, efficient running and closure of a private water course, etc. within the limits of the 1Corporation ;\br@s (b) the provision for suitable measures for the inspection, disinfecting of any well tank or other places from which water is likelyto be taken for the purpose of drinking and for such steps as may be deemed necessary to prevent removal of water from the same;\br@s (c) the supply of water by agreement to any owner or occupier of a land or building within the limits of the 1Corporation with conditions and rates therefor ;\br@s (d) purposes for the supply of water;\br@s (e) precedence in the matter of supply of water for domestic purpose over all other purposes ;\br@s (f) the installation of water meters and connection pipes ; (g) the size and nature of the meters, pipes, stand-pipes or pumps and hydrants, the manner in which they will be laid, constructed, controlled and maintained, with a view to maintain anefficient supply of water;\br@s (h) the mains or pipes in which fire plugs are to be fixed and the places at which keys of the fire plugs are to be deposited ;\br@s (i) the periodical analysis by a qualified analyst of the watersupply by the 1Corporation;\br@s (j) the conservation and prevention of injury or contamination to sources and means of water-supply and appliances for the distribution of water, whether within or without the limits of the 1Corporation ;\br@s (k) the manner in which connections with waterworks may be constructed or maintained and the agency which shall or may be employed for such construction or maintenance ;\br@s (l) the regulation of all matters for the supply of water including the turning on and turning off and preventing the waste of water, and\br@s (m) the supply of water outside the limit of the 1Corporation and the collection of water-taxes and of charges relating to such supply and the prevention of evasion of the taxes.\br@s

(1) Subject to any special reservation made by the State Government from time to time all streets within the City being, or which at any time become. public streets, except streets which on the appointed day vested in the State Government or the Central Government or after the said day may be constructed and maintained by an authority other than the 1Corporation, with the soil, sub-soil and the side drains, footways, pavement, stones and other materials thereof, shall vest in the 1Corporation and be under the control of the 2Municipal Commissioner.\br@s (2) The State Government may after consulting the 1Corporation by notification withdraw any such street with the soil, sub-soil and the side drains, footways, payments, stones and other materials thereof from the control of the 1Corporation.\br@s

(1) The 2Municipal Commissioner shall form time to time cause all public streets vested in the 1Corporation to be leveled, metaled or paved, channeled, altered and repaid, as occasion shall require, and may also from time to time widen, extend or otherwise improved any such street or causes the soil thereof to be raised, lowered or altered and may place and keep in repair fences and posts for the safety of pedestrians :\br@s Provided that no widening, extension or other improvement of a public street, the aggregate cost of which will exceed five thousand rupees or such higher amount as the 1Corporation may from time to time fix, shall be undertaken by the 2Municipal Commissioner unless or until such undertaking has been authorized by the 1Corporation.\br@s (2) With the sanction of the 1Corporation given in accordance with the rules and bye-laws in force in that behalf, the 2Municipal Commissioner may turn, divert, discontinue the public use of, or permanently close the whole or any part of a public street vested in the 1Corporation and upon such closure may, subject to the previous sanction of the State Government and the 1Corporation dispose of the site of such street, or of the portion thereof which has been closed, as land vesting in the 1Corporation.\br@s

The 2Municipal Commissioner, when authorized by the 1Corporation in this behalf, may at any time —\br@s (a) lay out and make a new public street ;\br@s (b) agree with any person for the making of a street for public use through the land of such person, either entirely at the expense of such person or partly at the expense of such person and partly at the expense of the 1Corporation, and may further agree that such street shall, on completion, become a public street and vest in the 1Corporation ;\br@s (c) construct tunnels bridges, causeways and other works subsidiary to the layout and making of a new public street ;\br@s (d) divert or turn an existing public street vested in the 1Corporation or a portion thereof.\br@s

(1) The 1Corporation shall from time to time specify the minimum width for different classes of public streets according to the nature of the traffic likely to be carried thereon, the localities in which they are situated, the heights up to which buildings abutting thereon may be erected and other similar considerations.\br@s (2) The width of a new public street made under section 274 shall not be less than that prescribed under sub-section (1) for the class to which it belongs, and no steps and, except with the written permission of the 2Municipal Commissioner under section 293 no other projections shall project over or extend into any such street.\br@s (3) The 1Municipal Commissioner may, with the approval of the Executive Committee, by written notice require the owner or occupier of any premises to remove or to take such order as he may direct with any projection existing within the minimum width of any street specified under sub-section (1):\br@s Provided that if in any such case the projection was lawfully erected or set up, compensation shall be paid by the 1Municipal Commissioner to every person who sustains loss or damage by the removal or alteration thereof.\br@s

The 1Municipal Commissioner when authorized by the 2Corporation in this behalf, may agree with any person —\br@s (a) to adopt and maintain any existing or projected sub-way bridge, viaduct or arch, and the approaches thereto, and may accordingly adopt and maintain such sub-way, bridge, viaduct or arch and approaches as parts of public streets, or as property vested in the 2Corporation, or\br@s (b) for the construction or alteration of any such sub-way, bridge, viaduct or arch or for the purchase or acquisition of any adjoining land required for the foundations and support thereof or for the approaches thereto, either entirely at the expenses of such person or partly at the expense of such person and partly at the expense of the 2Corporation.\br@s

(1) It shall be lawful for the 1Municipal Commissioner with the sanction of the 2Corporation to —\br@s (a) prohibit vehicular traffic in any particular public street vesting in the 2Corporation so as to prevent danger, obstruction or inconvenience to the public by fixing up posts at both end of such street or portion of such street ;\br@s (b) prohibit in respect of all public streets, or particular public streets, the transit of any vehicle of such form, construction, weight or size or laden with such heavy or unwieldy objects as may be deemed likely to cause injury to the roadways or any construction thereon, or risk or obstruction to other vehicles or to pedestrians along or over such street or streets, except under such conditions as to time, mode of traction or locomotion, use of appliances for protection of the roadways, number of lights and assistants and other general precautions and the payment of special charges as may be specified by the 1Municipal Commissioner generally or specially in each case.\br@s (2) Notices of such prohibitions as are imposed under subsection (1) shall be posted up in conspicuous places at or near both ends of the public streets or portions thereof to which they relate, unless such prohibitions apply generally to all public streets.

(1) The 1Municipal Commissioner may, subject to the provisions of this Act and the rules —\br@s (a) acquire any land required for the purpose of opening, widening, extending, diverting or otherwise improving any public street, bridge or sub-way or of making any new public streets bridge as sub-way or of making any new Public streets bridge or sub-way and the building, if any standing upon such land ;\br@s (b) acquire in addition to the said land and the buildings, if any, standing thereon, all such land with the buildings, if any, standing thereon, as it shall seem expedient in the public interest to acquire outside of the regular line, or of the intended regular line, of such streets;\br@s (c) lease, sell or otherwise dispose of any land or building acquired under clause (b).\br@s (2) The acquisition of land for providing, extending or improving a place for the parking of vehicles shall be deemed to be acquisition of land for the purpose of providing, extending or improving a public street.\br@s (3) Any conveyance of land or of a building under clause (c) of sub-section (1) may comprise such conditions as the 1Municipal Commissioner thinks fit, as to the removal of the existing building, the description of new building to be erected, the period within which such new building shall be completed and other such matters. \br@s

(1) The 1Municipal Commissioner may prescribe a line on one or both sides of any public street:\br@s Provided that every regular line of a public street operative under any law for the time being in force in any part of the City on the day immediately preceding the appointed day shall be deemed to be a line prescribed under this Act until a fresh line as prescribed by the 1Municipal Commissioner under this section: Provided further that whenever it is proposed to prescribe a fresh line in substitution for any existing line or for any part thereof previous approval of the Executive Committee shall be had.\br@s (2) The line for the time being prescribed shall be called the regular line of the street.\br@s (3) A register with plans attached shall be kept by the 1Municipal Commissioner showing all public streets in respect of which a regular line of the street has been prescribed and such register shall contain such particulars as to the 1Municipal Commissioner may appear to be necessary and shall be open to inspection by any person upon payment of such fee as may from time to time be prescribed by the Executive Committee.\br@s (4) (a) Subject to the provisions of sub-section (5) no person shall construct or reconstruct any portion of any building on and within the regular line of the street except with the written permission of the 1 Municipal Commissioner and in accordance with the conditions imposed therein and the 1Municipal Commissioner shall in every case in which he gives such permission, at the same time, report his reasons in writing to the Executive Committee.\br@s (b) No person shall construct or reconstruct any boundary wall or a portion of a boundary wall within the regular line of the street except with the written permission of the 1Municipal Commissioner :\br@s Provided that if, within sixty days after the receipt of an application from any person for permission to construct or reconstruct a boundary wall or a portion thereof, the 1Municipal Commissioner fails to acquire the land within the regular line of the street under section 282, the person may, subject to any other provisions of this Act or the rules or bye-laws, proceed with the work of construction or reconstruction of such boundary wall or a portion thereof, as the case may be.\br@s (5) (a) When the 1Municipal Commissioner grants permission under clause (a) of sub-section (4) for the construction or reconstruction of any building on land within the regular line of the street he may require the owner of the building to execute an agreement binding himself and his successors-in-title not to claim compensation in the event of the 1Municipal Commissioner at any time thereafter calling upon him or any of his successors by written notice to remove any work carried out in pursuance of such permission or any portion thereof and to pay the expenses of such removal if, in default, such removal is carried out by the 1Municipal Commissioner.\br@s (b) The 1Municipal Commissioner may before granting such permission require the owner to deposit in the 2Corporation office an amount sufficient in his opinion to cover the cost of removal and such compensation, if any, as may be payable to any successor-in-title or transferee of such building.\br@s

(1) If any building or any part of a building abutting on a public street is within the regular line of the street, the 1Municipal Commissioner may, whenever it is proposed—\br@s (a) to rebuild such building or to take down such building to an extent exceeding one-half thereof above the ground level, such half to be measured in cubic feet;or\br@s (b) to remove, reconstruct or make any addition to or structural alteration in any portion of such building which is within the regular line of the street, require such building to be set back to the regular line of the street.\br@s (2) When any building or any part thereof within the regular lien of the street falls down or is burnt down or is taken down whether under the provisions of this Act or otherwise, the 1 Municipal Commissioner may at one take possession on behalf of the 2Corporation of the portion of land within the regular line of the street therefore occupied by the said building and, if necessary, clear the same.\br@s (3) Land acquired under this section shall thenceforward be deemed a part of the public street and shall vest, as such, in the 2Corporation.\br@s

(1) Where any building or any part thereof is within the regular lone of a public street and if, in the opinion of the 1Municipal Commissioner, it is necessary to set back the building to the regular line of the street he may, if the provisions of section 280 do not apply by written notice require the owner of such building to show cause within a period to be specified, why such building or any part thereof which is within the regular line of the street be not pulled down and the land within the said line acquired by the 1Municipal Commissioner.\br@s (2) If in pursuance of the notice under sub-section (1) the owner fails to show sufficient cause to the satisfaction of the 1Municipal Commissioner, the 1Municipal Commissioner may, with the approval of the Executive Committee, require the owner by a written notice to pull down the building or the part thereof which is within the regular line of the street within a period to be specified in the notice.\br@s (3) If within the period specified in the notice under sub-section (2) the owner of such building fails to pull down the building or any part thereof coming within the said line, the 1Municipal Commissioner may pull down the same and recover all the expenses incurred in so doing from the owner.\br@s (4) The 1Municipal Commissioner shall also take possession on behalf of the 2Corporation of the portion of the land within the said line theretofore occupied by the said building, and such land shall thenceforward be deemed a part of the public street and shall vest, as such, in the 2Corporation.\br@s (5) Nothing in this section shall be deemed to apply to buildings vesting in the State\br@s

If any land not vesting in the 1Corporation whether open or closed, lies within the regular line of a public street and is not occupied by a building, or if a platform, verandah, step, compound wall, hedge or fence or some other structure external to a building, abutting on a public street or a portion of a platform, verandah, step, compound wall, hedge, or fence or other such structure, is within the regular line of such street, the 2Municipal Commissioner may, after giving to the owner of the land or building not less than fourteen clear days written notice of his intention to do so, and after hearing any objection which may be filed during this time take possession on behalf of the 1Corporation of the said land within its enclosing wall, hedge or fence, if any, or of the said platform, verandah, step or other such structure as aforesaid which is within the regular line of the street and, if necessary, clear the same and the land so acquired, shall thenceforward be deemed a part of the public street :\br@s Provided that when the land or building is vested in the State Government or the Central Government, possession shall not be taken as aforesaid, without the previous sanction of the Government concerned and, when the land or building is vested in any 1Corporation constituted by any law for the time being in force, possession shall not be taken as aforesaid, without the previous sanction of the State Government.\br@s

(1) If a building or land is partly within the regular line of a public street and if the 2Municipal Commissioner is satisfied that the land remaining after the exclusion of the portion within the said line will not be suitable or fit for any beneficial use, he may, at the request of the owner, acquire such land in addition to the land within the said line and such surplus land shall be deemed to be a part of the public street vesting in the 1Corporation.\br@s (2) Such surplus land may thereafter be utilized for the purpose of setting forward of buildings under section 284.\br@s

(1) If any building which about on a public street is in rear of the regular line of such street, the 2Municipal Commissioner may, whenever it is proposed—\br@s (a) to rebuild such building, or\br@s (b) to alter or repair such building in any manner that will involve the removal or re-erection of such building, or of the portion thereof which abuts on the said street to an extent exceeding one-half of such building or portion thereof above the ground level, such half to be measured in cubic feet in any order which he issues concerning the rebuilding, alteration or repair of such building, permit or with the approval of the Executive Committee, require such building to be set forward to the regular line of the street.\br@s (2) For the purpose of this section, a wall separating any premises from a public street shall be deemed to be a building; and it shall be deemed to be a sufficient compliance with a permission or requisition to set forward a building to the regular line of a street if a wall of such materials and dimensions as are approved by the 1Municipal Commissioner, is erected along the said line.\br@s

(1) Compensation shall be paid by the 1Municipal Commissioner to the owner of any building or land required for a public street under section 280, 281, 282 or 283 for any loss which such owner may sustain in consequence of his building or land being so acquired and for any expense incurred by such owner in consequence of the order made by the 1Municipal Commissioner :\br@s Provided that—\br@s (i) any increase or decrease in the value of the remainder of the property of which the building or land so acquired formed part likely to accrue from the setback to the regular line of the street shall be taken into consideration and allowed for in determining the amount of such compensation ;\br@s (ii) if any such increase in value exceeds the amount of loss sustained or expenses incurred by the said owner, the 1Municipal Commissioner may recover from such owner half the amount of such excess as a betterment charge.\br@s (2) If in consequence of an order to set forward a building made by the 1Municipal Commissioner under section 284, the owner of such building sustains any loss or damage, compensation shall be paid to him by the 1Municipal Commissioner for such loss or damage after taking into account any increase in value likely to accrue from the set-forward.\br@s (3) If the additional land which will be included in the premises of any person required or permitted under section 284 to set forward a building belongs to the 2Corporation, the order or permission of the 1Municipal Commissioner to set forward the building shall be sufficient conveyance to the said owner of the said land and the price to be paid to the 2Corporation by the said owner for such additional land and the other terms and conditions of the conveyance shall be set forth in the said order or permission.\br@s (4) If, when the 1Municipal Commissioner requires a building to be set forward, the owner of the building is dissatisfied with the price fixed to be paid to the 2Corporation or any of the other terms or conditions of the conveyance, the 1Municipal Commissioner, shall, upon the application of the said owner at any time within fifteen days after the said terms and conditions are communicated to him refer the case for the determination of the Judge.\br@s

. If the owner of any land utilizes, sells, leases or otherwise disposes of such land or any portion or portions of the same as site for the construction of buildings, he shall save in such cases as the site or sites may abut on an existing public or private street, lay down and make a street or streets or road or roads giving access to the site or sites and connecting with an existing public or private street.\br@s

(1) Every person who intends —\br@s (a) to sell or let on lease any land subject to a covenant or agreement on the part of a purchaser or lessee to erect buildings thereon;\br@s (b) to divide land (whether unbuilt or partly built) into building plots ; or\br@s (c) to use any land or a portion thereof or permit the same to be used for building purposes ; or\br@s (d) to make or lay out a private street, whether it is intended to allow the public a right of passage of access over such street or not ;\br@s shall give written notice of his intention to the 1Municipal Commissioner in the manner laid down in the rules and bye-laws.\br@s (2) The 1Municipal Commissioner shall proceed with the notice under sub-section (1) in the manner prescribed by rules and bye-laws and subject to such general directions as the Executive Committee may give in this behalf from time to time, determine the laying out of land for building, the dimensions and area of each building plot, the level, direction, width and means of drainage of every private street, the kind and number of trees to be planted and reared beside such streets and the height and means of drainage and ventilation of and access to all buildings to be erected on such land or on either side of such street :\br@s Provided that if the 1Municipal Commissioner neglects or omits for sixty days after the receipt of the notice under sub-section (1) or of the plans, sections, descriptions, schemes, or further information, if any, called for under the rules, to communicate to the person who gave the notice his disapproval with regard to any of the matters such person may, by a written communication call the attention of the 1 Municipal Commissioner to the neglect or omission and if such neglect or omission and if such neglect or omission continues for a further period of thirty days from the date of the receipt of the written communication by the 1Municipal Commissioner, the proposal of the said person shall be deemed to have been approved by the 1Municipal Commissioner :\br@s Provided further that nothing contained herein shall be construed to authorize any person to act in contravention of any provisions of the Act or any bye-laws.\br@s (3) When the 1Municipal Commissioner signifies in writing to the said person his approval of the said work under certain conditions or without any conditions, or when the said work is deemed to have been approved by the 1Municipal Commissioner as aforesaid, the said person may at any time within one year from the date of the delivery of the notice under sub-section (1) to the 1Municipal Commissioner, proceed with the said work in accordance with the intention as described in the notice or in any of the documents aforesaid and in accordance with the conditions, if any, prescribed by the 1Municipal Commissioner, but not so as to contravene any of the provisions of this Act or any rule or bye-law.\br@s

(1) No person shall sell, let, use or permit the use of any land whether undeveloped or partly developed for building or divide any such land into building plots, or make or lay out any private street—\br@s (a) without complying with the provisions of section 286 ;\br@s (b) unless such person has given previous written notice of his intention as provided in section 287 nor until the expiration of sixty days from delivery of such notice, nor otherwise than in accordance with such directions (if any), as may have been fixed and determined under sub-section (2) of section 287.\br@s (c) after the expiration of the period of one year specified in subsection (3) of section 287 :\br@s Provided that if a person who is entitled to proceed with any work under sub-section (3) of section 287 fails so to do within the period of one year specified therein he may at any time give fresh notice of his intention to execute such work and such notice shall be treated as a new notice under sub-section (1) of section 287;\br@s (d) unless such person gives written notice to the 1Municipal Commissioner of the date on which he proposes to proceed with any work which he is entitled to carry out and commences such work within seven days of the date mentioned in the notice.\br@s (2) If any act be done or permitted in contravention of this section, the 1Municipal Commissioner may by written notice require any person doing or permitting such act—\br@s (a) to show cause on or before such day as shall be specified in such notice by statement in writing subscribed by him in that behalf and addressed to the 1Municipal Commissioner, why the laying out, plotting, street or building contravening this section should not be altered to the satisfaction of the 1Municipal Commissioner, or, if the be in his opinion impracticable, why such street or building should not be demolished or removed or why the land should not be restored to the condition in which it was prior to the execution of the unauthorized work, or\br@s (b) to attend personally or by an agent duly authorized by him in that behalf on such day and at such time and place as shall be specified in such notice and show cause as aforesaid.\br@s (3) If such person shall fail to show cause to the satisfaction of the 1Municipal Commissioner why such street or building should not be so altered, demolished or removed or why such land should not be so restored, the 1Municipal Commissioner may cause the work of alteration, demolition, removal or restoration to be carried out and the expenses thereof shall be paid by the said person.\br@s (4) In a case of contravention of the provisions of section 286, the 1Municipal Commissioner, may, instead of taking action as provided in sub-section (3), proceed to make a street or streets or road or roads giving access to the site or sites referred to in section 286 and connecting with an existing public or private street and recover the amount of expenditure incurred in doing so from the owner or owners of the site or sites in such proportion or in such manner as may be prescribed.\br@s

(1) If any private street or any other means of access to a building be not leveled, metaled, flagged or paved, sewered, drained, channeled, lighted, or provided with trees for shade to the satisfaction of the 1Municipal Commissioner, he may, with the sanction of the Executive Committee, by written notice, require the owner or owners of the several premises fronting or adjoining the said street or other means of access or abutting thereon or to which access is obtained through such street or other means of access or which will benefit by works executed under this section to carry out any one or more of the aforesaid requirements in such manner as he shall direct.\br@s (2) If the requirement or requirement is or are not carried out within the time and in the manner specified in the notice, the 1Municipal Commissioner may, if he thinks fit, carry out the same and the expenses incurred shall be recovered from the owner or owners in default under Chapter XXI.\br@s (3) Where the recovery is to be made from two or more owners in default, it shall be made according to the frontage of their respective premises and in such proportion as may be settled by the Executive Committee.\br@s

(1) When any private street has been leveled, metaled, flagged or paved, sewered, drained, channeled and made good to the satisfaction of the 1Municipal Commissioner he may and, upon the request of the owners or of any of the owners of such street, shall, if lamp-posts and other apparatus necessary for lighting such street have been provided to his satisfaction, declare the same to be a public street by notice in writing put up in any part of such street, and thereupon the same shall become a public street and vest in the 2Corporation as such :\br@s Provided that no such street shall become a public street, if, within one month after such notice has been put up, the owner of such street or the greater part thereof shall by notice in writing to the 1Municipal Commissioner, object thereto.\br@s (2) The 1Municipal Commissioner may, by public notice in writing put up in any part of a street which is not a public street and is not covered by sub-section (1), give intimation of his intention to declare the same a public street. Within two months after such notice has been so posted up the owner of owners of such street may lodge objections at the owner or owners of such street may lodge objections at the office of the 2Corporation against the notice. The Executive Committee shall consider the objections lodged and if it rejects them the 1Municipal Commissioner shall by further public notice posted up in such street or such part, declare the same to be a public street. \br@s

If a portion only of any street is a public street, the other portion of such street may for all purposes of sections 289 and 290 be deemed to be a private street.\br@s

(1) Except as provided in section 293, no person shall erect, set up, add to, or place against or in front of any premises any structure or fixture, which will—\br@s (a) overhang, jut or project into, or in any way encroach upon or obstruct in any way the safe or convenient passage of the public along, any street, or\br@s (b) jut or project into or encroach upon any drain or open channel in any street, so as in any way to interfere with the use or proper working of such drain or channel or to impede the inspection or cleansing there of.\br@s (2) The 1 Municipal Commissioner may, by written notice, require the owner or occupier of any premises to remove or to take such other order ass he may direct with any structure or fixture which has been erected, set up, added to or placed against, or in front of, the said premises in contravention of this section or of any law in force in the City on the day immediately preceding the appointed day.\br@s (3) If the occupier of the said premises removes or alters any structure or fixture in accordance with such notice, he shall be entitled, unless the structure or fixture was erected, set up or placed by himself, to credit in account with the owner of the premises for all reasonable expenses incurred by him in complying with the said notice. \br@s (4) If any such structure or fixture as is described in subsection (1) has been erected, set up, added to, or placed against or in front of any premises at any time before the first day of April, 1901, the 1Municipal Commissioner may give notice as aforesaid to the owner or occupier of the said premises :\br@s Provided that if in any such case the structure or fixture was lawfully erected, set up, added to or placed, compensation shall be paid by the 1Municipal Commissioner to every person who sustains loss or damage by the removal or alteration thereof. \br@s

(1) The 1Municipal Commissioner may give a written permission, on such terms as he shall in each case think fit, to the owner or occupier of any building abutting on any street—\br@s (a) to erect an arcade over such street or any portion thereof, or\br@s (b) to put up a verandah, balcony, arch, connecting passage, sun-shade, weather-frame, canopy, awning or other such structure or thing projecting from any story over or across any street or portion thereof :\br@s Provided that no permission shall be given by the 1Municipal Commissioner for the erection of an arcade in any public street in which the construction of arcade has not been generally sanctioned by the 2Corporation or where the width of the street between kerns is less than sixty feet.\br@s (2) The provisions of section 292 shall not be deemed to apply to any arcade, verandah, balcony, arch, connecting passage, sunshade, weather-frame, canopy, awning or other structure or thing erected or put up under and in accordance with the terms of a permission granted under this section. \br@s (3) The 1Municipal Commissioner may at any time, by written notice, require the owner or occupier of any building to remove a verandah, balcony, sun-shade, weather-frame or the like put up in accordance with the provisions of sub-section (1) and such owner or occupier shall be bound to take action accordingly but shall be entitled to compensation for the loss caused to him by such removal and the cost incurred thereon.\br@s

(1) No door, gate, bar or ground floor window shall without a licence from the 1Municipal Commissioner, be hung, or placed so as to open outwards upon any street. \br@s (2) The 1Municipal Commissioner may at any time, by written notice, require the owner of any premises on the ground floor of which any door, gate, bar or window opens outwards upon a street, or upon any land required for the improvement of a street, in such manner as, in the opinion of the 1Municipal Commissioner, to obstruct the safe or convenient passage of the public along such street, to have the said door, gate, bar or window altered so as not to open outwards. \br@s

(1) No person shall, except with the permission of the 1Municipal Commissioner under section 293 or 300 erect or set up any wall, fence, rail, post, step, booth or other structure whether fixed or movable and whether of a permanent or a temporary nature, or any fixture in or upon any street or upon or over any open channel, drain, well or tank in any street so as to form an obstruction to, or an encroachment upon, or a projection over, or to occupy, any portion of such street, channel, drain, well or tank :\br@s Provided that nothing in this section shall be deemed to apply to any erection or thing to which clause (c) of sub-section (1) of section 302 applies.\br@s (2) No person shall except with the written permission of the 1Municipal Commissioner—\br@s (a) place or deposit upon any street, or upon any open channel, drain or well in any street or in any public place any stall, chair, bench, box, ladder, bale or other thing whatever, so as to form anobstruction thereto or encroachment thereon ;\br@s (b) project, at a height of less than twelve feet from the surface of the street, any board or chair, beyond the line of the plinth of any building over any street, or over any open channel, drain, well or tank in any street ;\br@s (c) attach to, or suspend from, any wall or portion of a building abutting on a street, at a lower height than aforesaid anythingwhatever :\br@s Provided that nothing in clause (a) applies to building materials.\br@s (3) No person shall tether any animal or cause or permit the same to be tethered by any member of his family or house-hold, in any public street and any animal tethered as aforesaid may be removed by the 1 Municipal Commissioner, or by any 2 Corporation officer or servant, who shall deal therewith as with an animal found straying. \br@s ——————————————————————————

The 1Municipal Commissioner may, without notice, cause to be removed —\br@s (a) any wall, fence, rail, post, step, booth or other structure whether fixed or movable and whether of a permanent or a temporary nature or any fixture which shall be erected or set up in or upon or over any street or upon or over any open channel, drain, well or tank contrary to the provisions of this Act after the appointed day ;\br@s (b) any stall, chair, bench, box, ladder, bale, board or shelf, or any other thing whatever placed, deposited, projected, attached or suspended in, upon from or to any place in contravention of this Act ;\br@s (c) any article whatsoever hawked or exposed for sale in a public place or in any public street in contravention of the provisions of this Act and any vehicle, package, box or any other thing in or on which such article is placed. \br@s

The 1Municipal Commissioner may, by notice, require the owner or occupier of any land to cut or trim the hedges growing thereon and bordering on a street, or any branches of trees growing thereon which overhang a street and obstruct the same or cause danger.\br@s

When a private house, wall or other erection or anything fixed thereto ro a tree shall fall down and obstruct a public drain or encumber a street, the 1Municipal Commissioner may remove such obstruction or encumbrance at the expense of the owner of the same and may recover such expense in the manner provided by Chapter XXI, or may, by notice, require the owner to remove the same within a time to be specified in the notice. \br@s

(1) The 1Municipal Commissioner may, by written notice, require the owner or occupier of any premises contiguous to, or in front of, or in connexion with which any wall, fence, rail, post, step, booth or other structure or fixture which it would be unlawful to erect or set up under this Act, has been erected or set up before the appointed day, to remove the said wall, fence, rail, post, step, stall or other structure or thing.\br@s (2) If the owner or occupier of the premises proves that any such projection, encroachment or obstruction has existed for a period sufficient under the law of limitation to give him a prescriptive title (or where such period is less than thirty years, a period of thirty years,) or that it was erected with the consent of any 1Corporation authority duly empowered in that behalf, and that the period, if any, for which the consent is valid has not expired, the 1Corporation shall make reasonable compensation to every person who suffers damage by the removal or alteration of the same. \br@s ————————————————————————

With the concurrence of the District Magistrate or such other officer as the District Magistrate may nominate in the behalf from time to time the 2Municipal Commissioner may grant a written permission for the temporary erection of a booth and any other such structure on any street on occasions of ceremonies and festivals. \br@s

Whenever there is any work in execution in or near to any street on behalf of the 1Corporation the 2Municipal Commissioner shall take such steps in regard to safety and convenience as he may be required to take under the rules, Whilst any such work as aforesaid or any work which may lawfully be executed in a street is in progress the 2Municipal Commissioner may in the manner laid down in rules close the street wholly or partly for traffic or for traffic of any such description as he may deem fit. \br@s

(1) No person other than the 2Municipal Commissioner or a 1Corporation Officer or servant as such shall, without the written permission of the 2Municipal Commissioner or without other lawful authority \br@s (a) open, break up, displace, take up or ,make any alteration, in or cause any injury to, the soil or pavement, or any wall fence, post, chain or other material or thing forming part of any street or in any open space vested in the 1Corporation ;\br@s (b) deposit any building materials in any street or open space vested in the 1Corporation ;\br@s (c) set up in any street or open space vested in the 1Corporation any scaffold or nay temporary erection for the purpose of any work whatever, or any posts, bars, rails, boards or other things by way of enclosure, for the purpose of making mortar or depositing bricks, lime, rubbish or other materials.\br@s (2) Any permission granted under clause (b) or (c) of subsection (1) shall be terminable at the discretion of the 1Municipal Commissioner, on his giving not less than twenty-four hours’ written notice of the termination thereof to the person to whom such permission was granted.\br@s (3) The 1Municipal Commissioner may, without notice —\br@s (a) cause the soil or pavement or any wall, fence, post, bar or other material or thing forming part of the street to be restored to the condition it was in before any opening, breaking up, displacement or alteration or injury made or done without the permission of the 1Municipal Commissioner under sub-section (1) ;\br@s (b) except in cases in which permission has been applied for under clause (b) of sub-section (1) for the deposit of building materials in any street and no reply has been sent to the applicant within seven days from the date of the application, cause to be removed any building materials, or any scaffold, or any temporary erection, or any posts, bars, rails, boards or other things by way of enclosure, which have been deposited or set up in any street without the permission or authority specified in sub-section (1), or which, having been deposited or set up with such permission or authority, have not been removed within the period specified in the notice issued under sub-section (2). \br@s

(1) Every person to whom any permission is granted under section 302 shall, at his own expense, cause the place where the soil or payment has been opened or broken up or where he has deposited building materials, or set up any scaffold, where he has deposited building materials, or set up any scaffold, erection or other thing, to be properly fenced and guarded, and, in all cases in which the same is necessary to prevent accidents, shall cause such place to be well lighted during the night.\br@s (2) Every person to whom permission is granted under section 302 to open or break up the soil or payment of any street, or who, under other lawful authority, opens or breaks up the soil or payment of any street, shall with all convenient speed complete the work for which the same shall be opened or broken up, and fill in the ground and reinstate and make good the street or payment so opened or broken up without delay to the satisfaction of the 1Municipal Commissioner :\br@s Provided that if the said person shall fail to reinstate and make good the street or payment as aforesaid, the 1Municipal Commissioner may restore such street or payment, and the expenses incurred by the 1Municipal Commissioner in so doing shall be paid by the said person.\br@s (3) The 1Municipal Commissioner may, by written notice, require any person to whom permission is granted under section 302 to open or break up the soil or payment of any street, or who under any other lawful authority, opens or breaks up the soil or payment of any street for the purpose of executing any work, to make provisions to his satisfaction for the passage or diversion of traffic for securing access to the premises approached from such street and for any drainage, water supply or means of lighting which may be interrupted by reason of the execution of the said work. \br@s

(1) The 1Municipal Commissioner may, with the approval of the Executive Committee, require by written order the corner of any building which has already been erected or which is to be newly erected or which is to be reconstructed or repaired and which is situated at the junction of two or more streets to be rounded or splayed off to such height and in such manner as he may determine and may also in such order impose such conditions as he deems necessary as to the construction of a compound wall or fence or hedge or any other structure whatsoever or the planting or retention of any tree on the premises appurtenant to such building. \br@s (2) Compensation shall be paid by the 1Municipal Commissioner for any loss or damage caused by the issue of an order under sub-section (1).\br@s (3) In determining such compensation, allowance shall be made for any benefit accruing to the same premises from the improvement of the streets. \br@s

(1) No person shall, without the written permission of the 1Municipal Commissioner, erect, fix or retain any sky-sign of the kind prescribed by rules whether existing on the appointed day or not. Such written permission shall be granted, or renewed, for any period not exceeding two years from the date of each such permission or renewal, subject to the condition that such permission shall be deemed to be void if —\br@s (a) any addition is made to the sky-sign except for the purpose of making it secure under the direction of the 1Municipal Commissioner;\br@s (b) any change is made in the sky-sign or any part thereof ;\br@s (c) the sky-sign or nay part thereof fall either through accident, decay or any other cause ; \br@s (d) any addition or alteration is made to, or in, the building or structure upon or over which the sky-sign is erected, fixed or retained, involving the disturbance of the sky-sign or any part thereof ;\br@s (e) the building or structure upon or over which the sky-sign is erected, fixed or retained becomes unoccupied or be demolished or destroyed. \br@s (2) Where any sky-sign shall be erected, fixed or retained after the appointed day upon or over any land, building or structure, save and except as permitted as hereinbefore provided the owner or person in occupation of such land, building or structure shall be deemed to be the person who has erected, field or retained such sky-sign in contravention of the provisions of this section, unless he proves that such contravention was committed by a person not in his employment or under his control, or was committed without his connivance. \br@s (3) If any sky-sign be erected, fixed or retained contrary to the provisions of this section, or after permission for the erection, fixing or retention thereof for any period shall have expired or become void, the 1Municipal Commissioner may, by written notice, require the owner or occupier of the land, building or structure upon or over which the sky-sign is erected, fixed or retained, to take down and remove such sky-sign. \br@s