THE
MADHYA PRADESH MUNICIPAL CORPORATION ACT, 1956[1] [Madhya Pradesh Act No. 23 of 1956] [25th October,
1956] An
Act to provide for the establishment of Municipal Corporations for certain
Cities in Madhya Pradesh. Be
it enacted in the Seventh Year of the Republic of India as follows :-- (1) This Act may be called the Madhya Pradesh Municipal
Corporation Act, 1956. (2) It extends to the whole of [2][Madhya
Pradesh]. [3][(3) It shall apply to the larger urban areas with
effect from the dale on which they are notified as such under Section 7.] (1) On the application of this Act to any city, the
municipality of that city shall, save as hereinafter provided, be deemed to
have been withdrawn from the operation of the [4][Municipal
Laws] : [5][Provided that on the application of this Act to
any city under sub-section (3) of Section 1, the authority or any institution
if performing the Municipal functions shall cease to perform such functions and
all assets and liabilities of such authority or institution shall vest in the
Municipal Corporation constituted under this Act.] (2) This withdrawal shall not revive any office,
authority or thing abolished by the [6][Municipal
Law], or affect the validity of anything done or suffered, or any right, title,
obligation or liability accrued, before the application of this Act. (3) Nothing herein contained shall deprive any person
of any right to properly, or other private right, except as hereinafter
provided. On
the application of this Act to any city under sub-section (3) of Section 1-- (1) All debts and obligations incurred, all contracts
entered into with, and all matters and things engaged to be done by, or for the
municipality of such city before this Act is made applicable shall be deemed to
have been incurred, entered into with, or engaged to be done by, or for, the
Corporation constituted under this Act. (2) Every appointment, rule, bye-law, form,
notification, notice, tax, scheme, order, licence or permission made, issued,
imposed, sanctioned or given under the [7][Municipal
Law], shall, so far as it relates to the municipality of such city and so far
as it is in force at the time of the application of, and is not inconsistent
with, this Act, be deemed to have been made, issued, imposed sanctioned or
given under the provisions of this Act, and shall unless previously altered,
modified, cancelled, suspended, surrendered or withdrawn, as the case may be,
under this Act remain in force for the period, if any, for which it was so
made, issued, imposed, sanctioned or given. (3) All rates, taxes and sums of money due to the
Municipalities of such city when this Act is made applicable shall be deemed to
be due to the Corporation. (4) All suits or other legal proceedings, civil or
criminal, instituted by or against the municipality of such city may be
continued by or against the Corporation. [8][Explanation.--For removal of doubt it is hereby
declared that any ruler or bye-laws made or anything done under the Municipal
Laws shall not be deemed to be inconsistent with the provisions of this Act
merely on the ground that the authority which framed the rules or bye-laws or
the procedure followed in making such rules or bye-laws or doing such thing was
different from that prescribed under this Act.] The
Government may by notification, appoint a person to exercise, perform or
discharge the powers, duties and functions, which are conferred or imposed by
or under this Act on the Commissioner until that officer is appointed under
Section 54. In
this Act, unless there is anything repugnant in the subject or context :-- [9][(1) "Administrator" means a person or
committee of persons appointed by the Government under the Act to exercise the
powers and perform the duties of the Corporation.] (2) "assessment
list" means any municipal assessment register prescribed by Section 151
and includes any register subsidiary thereto; (3) "auditor"
means an auditor appointed by the Government under Section 129; (4) "bakery"
means any place in which bread or confectionery including biscuits is baked,
cooked or prepared in any manner whatsoever for the purposes of profit or sale; (5) "Brothel"
means any house, room or place, or any part thereof, occupied or let or
intended to be occupied or let as a single tenement which is habitually used by
one or more than one woman for the purpose of prostitution; (6) "budget
grant" means the total sum entered on the expenditure side of a budget
estimate under a major head as prescribed by [10][bye-laws]
and adopted by the Corporation and includes any sum by which such budget grant
may be increased or reduced by a transfer from or to other heads in accordance
with the provisions of this Act and [11][bye-laws]; (7) "building"
includes a house, outhouse, stable shed, hut and other enclosure or structure
whether of masonary, bricks, wood, mud, metal or any other material whatever,
whether used as a human dwelling or otherwise, and also includes verandahs,
fixed platforms, plinths, doorsteps, walls including compound walls, and
fencing and the like but does not include a tent [12][or
a temporary shed erected on ceremonial or festive occasions]; (8) "building
line" means a line beyond which the outer face or any part of an external
wall of a building should not project in the direction of any street existing
or proposed; (9) "cesspool"
includes a settlement tank or other tank for the reception and disposal of foul
matter from building; [13][(10) "City" means a larger urban area as
the Governor may by public notification specify in accordance with the
provisions laid down in sub-section (2) of Section 7 of this Act.] (11) "Commissioner"
means the Municipal Commissioner for the city appointed under Section 54 and
includes an acting Commissioner appointed under sub-section (2) of Section 57
and any municipal officer empowered under this Act to exercise, perform or
discharge any of the powers, duties or functions of the Commissioner to the
extent to which such officer is so empowered; (12) "closet
accommodation" means a receptacle for human excreta, together with the
structure comprising such receptacle and the fittings and apparatus connected
therewith; [14][(13) "Corporation" means the
Municipality of a larger urban area]. (14) "Councillor"
means any person who is legally a member of the Corporation; (15) "dairy"
includes any farm, cattle-shed, milk store, milk shop, or other place from
which milk is supplied for sale or in which milk is kept for the purposes of
sale or manufactured into butter, ghee, cheese curds or dried or condensed milk
for sale, and in the case of a dairy-man who does not occupy any place for the
sale of milk, including the place where he keeps the vessels used by him for
the sale of milk but does not include a shop or other place in which milk is
sold for consumption on the premises only; (16) "daily
man" includes the keeper of a cow, buffalo, goat, ass or other animal, the
milk of which is offered or intended to be offered for sale for human
consumption and any purveyor of milk and any occupier of a dairy; (17) "daily
produce" includes milk, butter, ghee, curd, butter-milk, cheese and every
product of milk; (18) "dangerous
disease" means cholera, plague, small-pox, tuberculosis cerebro-spinal
meningitis and diphtheria, leprosy, other than leucoderma, and any other
disease which the Corporation may, by public notice, declare to be a dangerous
disease for the purposes of this Act; [15][(18-a) "Director" means, the Director of
the Urban Administration and Development, appointed by the State Government]; [16][(18-b)] [17][District"
means a district as construed in the Madhya Pradesh Land Revenue Code, 1959]; (19) "District
Court" means the District Court constituted for the district in which the
city is included; (20) "drain"
includes a sewer, tunnel, pipe, ditch, gutter or channel, and any cistern
flush, tank, septic tank or other device for carrying off or treating sewage,
offensive matter, polluted water, sullage, waste water, rainwater or sub-soil
water and any culvert, ventilation, shaft or pipe or other appliance or fitting
connected therewith, and any ejectors, compressed air mains, sealed sewage
mains and special machinery or apparatus for raising, collecting, expelling or
removing sewage or offensive matter from any place; (21) "drug"
means any substance used as medicine or in the composition or preparation of
medicines whether for internal or external use; (22) "eating
house" means any premises to which the public are admitted and where any
kind of food is prepared or supplied for consumption on the premises for the
profit or gain of any person owning or having an interest in or managing such
premises; (23) the
expression "to erect or re-erect a building" means and includes-- (a) newly to erect a building on any site whether
previously built upon or not; (b) any material alteration or enlargement of any
building; (c) the conversion by structural alteration into a place
for human habitation of any building not originally constructed for human
habitation; (d) conversion into more than one dwelling house a
building originally constructed as one dwelling house only; (e) the conversion by structural alteration of one or
more places of human habitation or tenements into a greater or lesser number of
such places or tenements; (f) any structural alteration in a building so as to
affect its drainage or sanitary arrangements or its stability; (g) the addition of any rooms, buildings, outhouses, or
other structure to a building; (h) the reconstruction of the whole or any part of the
external walls of a building or the renewal of the posts of wooden buildings; (i) conversion by a structural alteration two or more
tenements in a building into a greater or lesser number (j) any building of which more than one half of the
cubical contents of the building above the level of the plinth have been pulled
down, burnt or destroyed; (24) the
expression ''essential service" means the service in connection with the
municipal fire-brigade, the municipal air compressor, the pumping stations,
drainage, conservancy or water-supply of the city and any such other service as
may be notified by the Government and the essential officer or servant means
every person employed in the essential service; (25) "factory"
has the meaning assigned to it under the Factories Act, 1948; (26) "filth"
includes sewage, night-soil and all offensive matter; [18][(27) "food" means any article used as
food or drink for human consumption other than drugs and water and includes-- (a) any article which ordinarily enters into or is used
in the composition or preparation of human food; or (b) any flavouring or colouring matter, spices or
condiments;] [19][(28) "goods" means any material,
commodity or article, and include animals, electricity and electro-magnetic
waves or signals transmitted through wires or wireless devices ]; (29) "hut"
means any building which is constructed principally of wood, mud, leaves,
grass, cloth or thatch and includes any temporary structure of whatever size or
any small building of whatever material made which the corporation may declare
to be a hut for the purposes of this Act; [20][(29-a) "Industrial Township" means an
Industrial Township specified under Section 7.] (30) "keeper"
means the person in charge of a lodging house, and may include the owner for
the purposes of any rules or bye-laws made under this Act; (31) "land"
includes benefits arising out of land, houses and things attached to the earth,
or permanently fastened to anything attached to the earth and also land which
is being built upon or is built upon or covered with water; (32) "licensed
plumber", "licensed surveyor" and "licensed architect"
mean respectively person licensed by the Corporation as a plumber or surveyor
or architect under this Act; (33) "lodging
house" means a building or part of a building where lodging with or
without a board or other services is provided for a monetary consideration and
includes a collection of buildings or a building or a part of a building used
for the accommodation of pilgrims and travellers whether on payment or
otherwise; [21][(34) "market" or "Bazar" means
:-- (a) a place where persons assemble for the sale of
meat, fish, fruit, vegetables, live-stock or any other article of food of a
perishable nature, whether or not there is any collection of shops, or
warehouses or stalls for the sale of other articles in such place; or (b) any place of trade other than a place referred in
sub-clause (a) where there is a collection of shops or warehouses or stalls; and shall include any "Hat" or place,
where trade or business is carried on either weekly or bi-weekly or on certain
fixed days of the week]; [22][(34-a) "Municipal area" means the
territorial area of a Municipal Corporation as is notified by the Governor
under sub-section (2) of Section 7 of this Act.] (35) "municipal
drain" means a drain vested in the Corporation; [23][(35-a) "municipal law" means a law for
the time being in force for the organisation and administration of municipalities;] (36) "municipal
market" means a market vested in or managed by the Corporation; (37) "municipal
slaughter-house" means a slaughter house vested in or managed by the
Corporation; (38) "municipal
tax" means any [24][tax]
levied by the Corporation under the provisions of this Act; (39) "municipal
water-works" means a water-work vested in or managed by the Corporation; [25][(39-a) "nazul land" means nazul land
within the city for the management and disposal of which special rules have
been made by the government;] [26][(40) "nuisance" includes any act,
omission, place or thing which causes or is likely to cause injury, danger,
annoyance or offence to the sense of sight, smell, or hearing or disturbance to
rest or sleep of the community or which is or may be dangerous to life or
injurious to the health or property or offends against public morality; (41) "occupier"
means any person in actual possession of any land or building and includes an
owner in actual possession, and a tenant or licensee, whether such tenant or
licensee is liable to pay rent or not]; (42) "offensive
matter" includes animal carcasses, dung, dirt, putrid and putrifying
substances, and filth of any kind [27][but
does not include sewage;] (43) "owner"
when used with reference to any land or building includes the person for the
time being receiving the rent of the land or building or of any part of the
land or building whether on his own account or as agent or trustee for any
person or society or for any religious or charitable purpose, or as a receiver,
who would receive such rent if the land, building or part thereof were let to a
tenant, or manager or mortgagee in possession; [28][(43-a) "Population" means the population
as ascertained at the preceding census of which the relevant figures have
been published]. (44) [29][***] (45) "private
street" means a street which is not a public street; (46) "public
analyst" means any person appointed by the Corporation to perform the
duties and to exercise the powers of a public analyst prescribed [30][by
bye-laws] under this Act; [31][(47) "public place" means a space, not
being private property, which is open to the use or enjoyment of the public,
whether such space is vested in the Corporation or not]; (48) "public
securities" means-- (a) securities of the Central or any State Government; (b) securities, stock, debentures, or shares the
interest whereon has been guaranteed by the Central or State Government; (c) debentures or other securities for money issued by
or on behalf of any local authority in exercise of the powers conferred by any
enactment for the time being in force in any part of the Republic of India; (d) securities expressly authorised by any order which
the State Government makes in this behalf; [32][(49) "public street" means any street-- (a) over which the public have a right of way; or (b) which have been heretofore levelled, paved,
metalled, asphalted, channelled, sewered or repaired out of municipal or other
public funds; or (c) which under the provisions of this Act becomes a
public street; and includes-- (i) the roadway over any public bridge or causeway: (ii) the footway attached to any such street; (iii) public bridge or causeway, and the drains attached
to any such street, public bridge or causeway;] (50) "registered
trade union" means a trade union registered under the Indian Trade Unions
Act, 1926; (51) (a) a
person shall be deemed to "reside" in any dwelling house or hut
which, or some portion of which, he sometimes, although not interruptedly, uses
as a sleeping apartment; and (b) a person shall not be deemed to cease to
"reside" in any such dwelling house or hut, merely because he is
absent from it or has elsewhere another dwelling house or hut in which he
resides, if there is the liberty of returning to it at any time and no
abandonment of the intention of returning to it; (52) "rubbish"
includes dust, ashes, broken bricks, mortar, broken glass, garden or stable
refuse or refuse of any kind which is not "offensive matter" or
"sewage" as defined in this section; (53) "sewage"
means night-soil, and other contents of water closets, latrines, privies,
urinals, cesspools, or drains and polluted water from sinks, bathrooms,
stables, cattle sheds, and other like places, and includes trade effluents and
discharges from manufactories of all kinds; (54) "sewage
connection" includes any drain connecting any water-closet, latrine,
privy, urinal, bathroom, sink, sullage tray, manhole or trap with any drain for
sewage and other offensive matter; [33][(54-a) "Social audit" means the review
of the impact of policies, programmes, schemes and procedures adopted or
implemented by any municipal authority, by a group or groups of persons
residing within the municipal area;] [34][(54-b)] [35][Stale
Election Commission" means the State Election Commission constituted under
Article 243-K of the Constitution]; [36][(55) "street" means any road, food-way,
square, Court, alley or passage, accessible, whether permanently or temporarily
to the public, whether a thoroughfare or not; and
shall include any vacant space, notwithstanding that it may be private property
and partly or wholly obstructed by any gate, post chain or other barrier, if
houses, shops or other buildings about thereon, and if it is used by any
persons as means of access to or from any public place or thoroughfare, whether
such persons be occupiers of such buildings or not; but
shall not include any part of such space which the occupier of any such
building has a right at all hours to prevent all other persons from using as aforesaid; and
shall include also the drains on either side and the land whether covered or
not by any payment, verandah or other erection, which lies on either side of
the roadway up to the boundaries of the adjacent property, whether that
property be private property or property reserved by Government or by the
Corporation for any purpose other than a street;] (56) "street
line" means a line dividing the land comprised in and forming part of a
street from the adjoining land; [37][ (56-a) "tax" includes any toll, cess,
fee or other impost levied or leviable under this Act]; (57) "traffic
sign" includes all signals, warning sign posts, direction posts, signs or
other devices, erected by any person or authority authorised by law to do so
for the information, guidance or direction of person using roads or of wheeled
and other traffic; [38][(58) "vehicle" includes a bicycle,
tricycle, motor car and every wheeled conveyance which is used or capable of
being used on a public street;] (59) "water-closet"
means a closet accommodation used or adopt or intend to be used in connection
with the municipal water-works and comprising provisions for Hushing of the
receptacle by means of a water-supply and having connection with a sewer; (60) "water
connection" includes-- (a) any tank, cistern, hydrant, stand pipe, meter or
tap situated on private property and connected with a water-main or pipe
belonging to the corporation; (b) the water pipe connecting such tanks, cistern,
hydrant, stand pipe, meter or tap with such water-main or pipe; (61) "water
for domestic purposes" shall not include water for cattle, or for horses,
or for washing vehicles where the cattle horses or vehicles are kept for sale
or hire or by a common carrier and shall not include water for any trade,
manufacture or business, or for building purposes, or for watering gardens, or for
fountains or for any ornamental purposes; (62) "waterwork"
includes a lake, steam, spring, well, pump, reservoir, cistern, tank, duct
whether covered or open, sluice, main pipe, culvert, engine, water truck,
hydrant standpipe, conduit, and machinery, land, building or thing for
supplying water or for protecting sources of water-supply; (63) "workshop"
means any building, place or premises or any part thereof, not being a factory,
to or over which the employer of the persons working therein has the right of
access or control, and in which or within the compound or precincts of which,
any manual labour is employed or utilised in aid of or incidental to any
process for the following purposes :-- (i) the making of any article or part thereof; (ii) the altering, repairing, ornamenting or finishing
of any article; or (iii) the adapting for sale of any article. The
Municipal authorities charged with carrying out the provisions of this Act
shall be-- (a) the Corporation; (b) [39][the Mayor-in-Council]; [40][(c) the Mayor; (d) the
Commissioner.] [41][(1) There shall be constituted a Municipal
Corporation for a larger urban area in accordance with the provisions of this Act
: Provided
that a Corporation under this section may not be constituted in such urban area
or part thereof as the Governor may having regard to the size of the area and
the municipal services being provided or proposed to be provided by an
industrial establishment or a group of such establishments in that area and
such other factors as he may deem fit, by public notification, specify to be an
industrial township. (2) In this
section 'a larger urban area' means such area as the Governor may, having regard
to the population of the area, the density of the population therein, the
revenue generated for local administration, the percentage of employment in
non-agricultural activities, the economic importance or such other factors as
he may deem fit, specify by public notification for the purposes of this Act. (3) The
Corporation shall be a body corporate having perpetual succession and a common
seal and shall by the said name sue and be sued.] The
Corporation shall have power to acquire and hold property, both movable and
immovable, within or without the limits of the city and, subject to the
provisions of this Act and the rules [42][and
bye-laws] made thereunder, to transfer any property held by itself and to
contract and do all other things necessary for the purpose of this Act. [43][(1) A Municipal Corporation shall consist of-- (a) a Mayor, that is Chairperson, elected by direct
election from the Municipal area; (b) Councillors elected by direct election from the
wards; (c) not more than six persons having special knowledge
or experience in the Municipal administration, nominated by the State
Government : Provided
that only a person residing within the Municipal area and being otherwise not
ineligible for election as a Councillor, may be nominated; (d) Members of the House of the People and the Members
of the Legislative Assembly of the State representing constituencies which
comprise wholly or partly the Municipal area; (e) Members of the Council of States registered as
electors within the municipal area : [44][Provided that a member of the House of the People
and a member of the State Legislative Assembly as mentioned in clause (d) or a
member of Council of States, as mentioned in clause (e) may nominate his
representative, who
possesses such qualifications as may be prescribed in this behalf to attend the
meeting of the Corporation.] (2) The
persons nominated under clause (c) of sub-section (1) shall hold office during
the pleasure of the State Government. (3) Persons
referred to in sub-section (1) shall be deemed to be Councillors for all
purposes of this Act but the persons referred to in clauses (c), (d) and (e) of
sub-section (1) shall not have the right to vote in the meetings of the
Corporation. (4) If any
municipal area fails to elect a Mayor or any ward fails to elect a Councillor,
fresh election proceedings shall be commenced for such municipal area or ward,
as the case may be, within six months to fill the seat, and until the seat is
filled it shall be treated as casual vacancy : Provided
that proceedings of election of Speaker, or any of the Committee under the Act
shall not be stayed, pending the election of such seat.] [45][(1) The State Government shall from time to time,
by notification in the official gazette, determine the number and extent of
wards to be constituted in each municipal area : Provided
that the total number of wards shall not be more than seventy and not less than
forty in any municipal area. (2) Only one
Councillor shall be elected from each ward. (3) The
formation of the wards shall be made in such a way that the population of each
of the wards shall, so far as practicable, be the same throughout the city and
the area included in the ward is compact. (4) As soon
as the formation of wards of a municipal area is completed, the same shall be
reported by the State Government to the State Election Commission. [46][(5) Omitted. (6) Omitted.] [47][(1) Out of the total number of wards determined
under sub-section (1) of Section 10, such number of seats shall be reserved for
Scheduled Castes and Scheduled Tribes in every Municipal Corporation as bears,
as nearly as may be, the same proportion to the total number of seats to be
filled by direct election in the Municipal Corporation as the population of the
Scheduled Castes or of the Scheduled Tribes in the Municipal area bears to the
total population of that area and such wards shall be those in which the
population of the Scheduled Castes or the Scheduled Tribes, as the case may be,
is most concentrated. (2) As
nearly as possible twenty five percent of the total number of wards shall be
reserved for other backward classes in such Municipal Corporations, where fifty
per cent, or less seats are reserved for Scheduled Castes and Scheduled Tribes,
and such seats shall be allotted by rotation to different wards in such manner
as may be prescribed : Provided
that if from any ward so reserved no nomination paper is filed for election, as
a councillor, by any member of the backward classes, then the Collector shall
be competent to declare it as unreserved. (3) [48][As
nearly as possible fifty percent] of the total number of seats reserved under
sub-sections (1) and (2), shall be reserved for women belonging to the
Scheduled Castes or the Scheduled Tribes or other backward classes, as the case
may be. (4) [49][As
nearly as possible fifty percent] (including the number of seats reserved for
women belonging to the Scheduled Castes, Scheduled Tribes and other backward
classes), of the total number of seats to be filled by direct election in every
Municipal Corporation shall be reserved for women and such seats shall be
allotted by rotation to different wards in a Municipal Corporation in such
manner as may be prescribed. (5) The
reservation of seats under sub-sections (1), (2) and (3) shall cease to have
effect on the expiration of the period specified in Article 334 of the
Constitution of India. Explanation.--In this section 'other backward classes' means
category of persons belonging to backward classes as notified by the State
Government.] [50][(1) Out of the total number of offices of Mayors
of Corporations in the State, such number of offices of Mayors shall be
reserved for Scheduled Castes and Scheduled Tribes, as shall bear the same
proportion, as nearly as possible, as the population of each of these
categories within the limits of all the Municipal Corporations in the State
bears to the total population within such limits. (2) As
nearly as possible, twenty five percent of the total number of offices of
Mayors shall be reserved for Other Backward Classes. [51][(3) As nearly as possible fifty percent of the
total number of offices of Mayor reserved under sub-sections (1) and (2) shall
be reserved for women belonging to the Scheduled Castes, Scheduled Tribes or
Other Backward Classes, as the case may be.] (4) As
nearly as possible [52][fitly
percent] (including the number of offices reserved for women belonging to the
Scheduled Castes, Scheduled Tribes or Other Backward Classes) of the total
number of offices shall be reserved for women. (5) The
aforesaid reservation shall be made in such manner as may be prescribed. (6) The
reservation of offices of Mayors under sub-sections (1), (2) and (3) shall
cease to have effect on expiration of the period specified in Article 334 of
the Constitution of India. Explanation.--In this section and in Section 11, the expressions
''Scheduled Castes", "Scheduled Tribes" and "Other Backward
Classes" shall have the same meaning as assigned to them, in the Madhya
Pradesh Lok Seva (Anusuchit Jatiyon. Anusuchit Jan Jatiyon Aur Anya Pichhade
Vargon Ke Live Arakshan) Adhiniyam, 1994 (No. 21 of- 1994).] [53][Subject to the qualifications of Sections 13 and
14 every person who-- (a) is not less eighteen years of age on the first day
of January of the year in which the electoral roll for a ward is prepared or
revised; (b) is ordinarily resident in the ward within the
meaning of Section 20 of the Representation of the People Act. 1950 (No. 43 of
1950), subject to modification that reference to "constituency"
therein were a reference to "area comprised in the ward"; and (c) is otherwise qualified to be registered in the
Assembly roll relatable to the ward, shall be entitled to be registered in the electoral
roll of that ward : Provided that-- (i) no person shall be entitled to be registered in the
electoral roll of more than one ward in the same city; (ii) no person shall be entitled to be registered in the
electoral roll for any ward more than once]. [54][(1) A person shall be disqualified for
registration in the electoral roll if he-- (a) is not citizen of India; or (b) is of unsound mind and stands so declared by a
competent Court; or (c) is convicted of an offence under the Protection of
Civil Rights Act, 1955 (No. 22 of 1955), unless a period of five years or such
lesser period as the State Government may allow in any particular case, has
elapsed since his conviction; or (d) is for the time being disqualified from voting
under the provision of any law relating to corrupt practices and other offences
in connection with election. (1-a) The name of any person who becomes so
disqualified after registration shall forthwith be struck off the electoral
roll in which it is included : Provided
that the name of any person struck off the electoral roll by reason of a
disqualification under clause (d) of sub-section (1) shall forthwith be
reinstated in that roll if such disqualification is, during the period such
roll is in force removed under any law authorising such removal.] [55][(2) If the State Election Commission or an
authority appointed by it, on an application made to it or on its own motion,
is satisfied after such enquiry as it thinks fit that any entry in the
electoral roll of the Corporation-- (a) is erroneous or defective in any particulars; (b) should be transposed to another place in the roll;
or (c) should be deleted on the ground that the person
concerned is dead or has ceased to be ordinarily resident in the ward or is
otherwise not entitled to be registered in that roll, it shall amend, transpose
or delete the entry : Provided
that before taking any Action on the ground that the person concerned has
ceased to be ordinarily resident, in the ward or that he is otherwise not
entitled to be registered in the electoral roll of that ward, the State
Election Commission or the authority, as the case may be, shall give the person concerned a reasonable
opportunity of being heard in respect of the action proposed to be taken in
relation to him. Explanation.--The expression 'ordinarily resident' shall have the
same meaning as is assigned to it in clause (b) of Section 12.] [56][(1) The superintendence, direction and control of
the preparation of electoral rolls for and the conduct of [57][all
elections of Councillors and Mayors] of the Municipal Corporation shall be
vested in the State Election Commission. (2) The
State Government shall, in consultation with the Stale Election Commission,
make rules for the preparation of electoral rolls and conduct of [58][all
elections of Councillors and Mayors] of Municipal Corporations]. [59][(1) Every candidate at an election of Mayor shall,
either himself or by his election agent, keep a separate and correct account of
all expenditure in connection with the election incurred or authorised by him
or by his election agent between the date on which he has been nominated and
the date of declaration of the result thereof, both days inclusive. Explanation I.--Any expenditure incurred or authorised in
connection with the election of a candidate by a political party or by any
other association or body of persons or by any individual other than the
candidate or his election agent shall not be deemed to be expenditure in
connection with the election incurred or authorised by the candidate or by his
election agent for the purpose of this sub-section. Explanation II.--For the removal of doubt, it is hereby declared
that any expenditure incurred in respect of any arrangements made, facilities
provided or any other act or thing done by any person in the service of the
Government and belonging to any of the classes mentioned in clause (7) of
Section 123 of the Representation of the People Act, 1951, in discharge or
purported discharge of his official duty as mentioned in the proviso to that
clause shall not be deemed to be expenditure in connection with the election
incurred or authorised by a candidate or by his election agent for the purpose of
this sub-section. (2) The
total of the said expenditure shall not exceed such amount as may be prescribed
by the State Government in consultation with the State Election Commission. (3) The
account of expenditure shall contain such particulars as may be prescribed by
the State Election Commission. Every
contesting candidate at an election of Mayor shall, within thirty days from the
date of election of the returned candidate lodge with the officer notified by
the State Election Commission an account of his election expenses which shall
be a true copy of the account kept by him or by his election agent under
Section 14-A. If
the State Election Commission is satisfied that a person-- (a) has failed to lodge an account of election expenses
within the time and in the manner required by or under this Act; and (b) has no good reason or justification for a failure,
the State Election Commission shall, by order published in the Official
Gazette, declare him to be disqualified and any such person shall be
disqualified for being chosen as and for being a [60][Councillor
or a Mayor] of the Corporation [61][for
a period not exceeding five years] from that date of the Order.] [62][The State Election Commission, on making an
application within thirty days from the date of publication of the order,
passed under clause (b) of Section 14-C. in the Official Gazette may for
reasons to be recorded in writing remove any disqualification or reduce the
period of any such disqualification.] [63][Every person registered as a voter in the
Municipal Electoral Roll, for the time being in operation of a ward, and no
person who is not so registered, shall be eligible to vote at any election of
the Councillors or Mayor : Provided
that no person shall vote more than once in any election of the Councillors or
any election of the Mayor, as the case may be]. [64][(1) Subject to the provisions of this Act, a
person who is enrolled in the Municipal Electoral Roll as a voter, shall be
qualified to be a candidate-- (a) for the election of Mayor, if he is not less than
25 years of age; and (b) for the election of Councillor, if he is not less
than 21 years of age. (2) No
person who is a candidate for any one ward shall be a candidate for any other
ward. (3) Any
person who ceases to be a Mayor or Councillor shall, if qualified under
sub-section (1), be eligible for re-election as such.] [65][(4) If a person is elected for the Office of Mayor
and Councillor both, he shall have to resign from one of the office within
seven days from the date on which he is declared elected.] (1) No person shall be a [67][Councillor
or Mayor], who-- [68][(a) (i) has been convicted of any offence,
punishable under Section 153-A, or Section 171-E or Section 171-F, or
sub-section (2) or sub-section (5) of Section 505 of the Indian Penal Code,
1860 (No. 45 of 1860) or under the Protection of Civil Rights Act, 1955 (No. 22
of 1955) or under Section 125 of the Representation of the People Act, 1951
(No. 43 of 1951) or Sections 3 and 4 of the Dowry Prohibition Act, 1961 (No. 28
of 1961) or Section 10 or Section 11 of the Madhya Pradesh Local Authorities
(Electoral Offences) Act, 1964 (No. 13 of 1964) unless a further period of six
years has elapsed since his release after undergoing the sentence; (ii) has been convicted by a Court in India :-- (a) for an offence not falling under sub-clause (i) and
sentenced to imprisonment for a period of not less than two years; or (b) for contravention of any provisions of the Madhya
Pradesh Nagariya Kshetron Me Ke Bhoomihin Vyakti (Pattadhruti Adhikaron Ka
Pradan Kiya Jana) Adhiniyam, 1984 (No. 15 of 1984) or of any law providing for the
prevention of hoarding or profiteering or of adulteration of food or drugs, unless
a further period of six years has elapsed since his release after undergoing
the sentence. Explanation.--In this clause :-- (a) "Law providing for the prevention of hoarding
or profiteering" means any law, or any order, rule or notification having
the force of law providing for :-- (i) the regulation of production or manufacture of any
essential commodity; (ii) the control of price at which any essential
commodity may be bought or sold; (iii) the regulation of acquisition, possession, storage,
transportation, distribution, disposal, use or consumption of any essential
commodity; (iv) the prohibition of the withholding from sale of any
essential commodity ordinarily kept for sale; (b) "drug" shall have the meaning assigned to
it in the Drugs and Cosmetics Act, 1940 (No. 23 of 1940); (c) "essential commodity" shall have the same
meaning as assigned to it in the Essential Commodities Act, 1955 (No. 10 of
1955); (d) "food" shall have the meaning assigned to
it in the Prevention of Food Adulteration Act, 1954 (No. 37 of 1954);] [69][(a-i) has, in proceedings for questioning the
validity or regularity of an election or [70][nomination],
been found to have been guilty of any corrupt practice, unless a period of five
years has elapsed since the date of the finding of the disqualification has
been removed by the State Government under Section 441-G;] (b) has been
removed from office under Section [71][18,
19-B or sub-section (3) of Section 23] unless he has been relieved by
Government from the disqualification arising on account of such removal from
office; [72][(bb) has been disqualified for further election
or [73][nomination] as a [74][Councillor
or Mayor] under Section 17-A unless he has been relieved by the Government from
such disqualifications;] (c) is an
undischarged insolvent; (d) is of
unsound mind and stands so declared by a competent Court; [75][(e) is less than twenty five years of age, in case
of a Mayor and is less than twenty one years of age, in case of a Councillor]; (f) is in
the service of the Government or any local authority or is a Government pleader; (g) has
directly or indirectly by himself or his partner, any share or interest in any
work being done of the Corporation or in any contract or employment with or
under, or by, or on behalf of the Corporation : Explanation.--A person shall not be deemed to have incurred
disqualification under this clause by reasons of his-- (a) receiving a Government or municipal pension; (b) having any share or interest in-- (i) any lease, sale or transfer of land; (ii) any agreement for the loan of money or any security
for the payment of money only; (iii) any joint stock company except as a director or
managing agent or any registered co-operative society; (iv) occupying as a tenant any premises belonging to the
Corporation; (h) has been
dismissed from Government or municipal service on account of misconduct
involving moral turpitude; [76][x
x x] (i) has any
tax or dues, payable to the Corporation, standing against his name for a period
exceeding one year; [77][or] [78][(j) has not
paid the amount of charge imposed upon him under Section 11 of the Madhya
Pradesh Sthaniya Nidhi Sampariksha Adhiniyam, 1973 (No. 43 of 1973) within the
time specified in Section 15 of the said Adhiniyam; or [79][(k) if he is so disqualified by or under any law
for the time being in force for the purposes of elections to the Legislative
Assembly of the State : Provided
that no person shall be disqualified on the ground that he is less than 25
years of age, if he has attained the age of twenty one years.] [80][(l) has
been convicted of an offence against women]. [81][(m) Omitted.] [82][(n) has been
disqualified under Section 14-C] (2) Disability from continuing as a [83][Councillor
or Mayor].-- If
any [84][Councillor or Mayor]
during the term for which he has been [85][elected
or [86][ nominated ]-- [87][(a) becomes disqualified :-- (i) under sub-section (1) of Section 13 and his name is
struck off the electoral roll under sub-section (1-A) of that section; or (ii) under sub-section (1) of this section]; or (b) acts as
a [88][Councillor
or Mayor] in any matter-- (i) in which he has directly or indirectly by himself
or his partner, any share or interest, as is described in clause (g) of
sub-section (1); or (ii) in which he is professionally interested on behalf
of a client, principal or other person; or (c) absents
himself during [89][six
consecutive months] from the meetings of the Corporation except with the leave
of the Corporation; or [90][(cc) Omitted.] (d) fails to
pay any arrears of any kind due by him to the Corporation within three months
after a notice in this behalf has been served upon him, [91][(e) becomes disqualified for being chosen as and
for being a Councillor or Mayor under Section 14-C] : he
shall, subject to the provisions of sub-section (3), be disabled from
continuing to be a [92][Councillor
or Mayor] and his office shall become vacant; [93][Provided that a disqualification under clause (a)
of sub-section (1) shall not take effect until three months have elapsed from
the dale of conviction, or, if within that period an appeal is filed or
application for revision is filed in respect of the conviction or the sentence
until that appeal or application is disposed of by the Court.] (3)
Power to decide
whether vacancy has occurred.-- [94][In every case except the cases falling under
clause (n) of sub-section (1) and clause (c) of sub-section (2), the authority competent
to decide whether a vacancy has occurred under this section shall be the
Government. The decision may be given either on any application made by any
person or suo mom until the Government decides that the vacancy has arisen,
the [95][Councillor or Mayor]
shall not be disabled under sub-section (2) from continuing to be a [96][Councillor
or Mayor] : Provided
that no order under this sub-section shall be passed against any [97][Councillor
or Mayor] without giving him a reasonable opportunity of being heard. (1) It as a result of audit report, or an enquiry or
any other proceeding, it comes to the notice of the State Government that any
person while he was holding the office of the Mayor, [99][Speaker],
Chairman or member of a Committee constituted under this Act or a Councillor
has committed such acts of commission or omission which, in the opinion of the
State Government, would have made his continuance in such office undesirable in
the interest of the public or the Corporation, the State Government may,
notwithstanding the fact that he has ceased to hold such office, by an order in
writing declare such person to be disqualified for further election [100][or
nomination] as a [101][Councillor
or a Mayor] for such period not exceeding five years as may be specified by the
State Government in such order. (2) No order under sub-section (1) shall be passed
unless reasonable opportunity has been given to the person concerned to furnish
an explanation.][102] [103][(1) Every Mayor and every Councillor shall before
taking part in the election of speaker in the first meeting of the Corporation or
before entering upon his office, as the case may be, shall make and subscribe
in the presence of the Collector an oath or affirmation in the following form
:-- "I................
the Mayor/elected Councillor/ nominated Councillor of Municipal
Corporation........... swear in the name of the God/solemnly affirm that I will
bear true faith and allegiance to the Constitution of India as by law
established and that I will uphold the sovereignty and integrity of India, and
will faithfully and impartially perform my duties. (2) If the
Mayor or Councillor does not take an oath under sub-section (1), it shall be
deemed that such Mayor or Councillor, as the case may be, has not assumed his
office : Provided
that except with the permission of the Divisional Commissioner if any Mayor or
Councillor, as the case may be, does not lake an oath within three months from
the date of his election or nomination, as the case may be his seat shall be
deemed to have been vacant ipso facto.] (1) The Mayor and the elected Councillors of the
Corporation shall within fifteen days from the date of the notification of the
election under Section 22, in the prescribed manner, elect a speaker from the
elected Councillors. (2) The Speaker shall declare a panel of two elected
Councillors every year
to preside over the meetings of the Corporation during his absence in order of
the name in the panel. (3) The meeting under sub-section (1) shall be called
and presided over by the Collector. (4) The term of the Speaker shall be coterminous with
the term of the corporation.][104] [105][(1) Subject to the provisions of the Act, the
speaker shall have the following powers and functions :-- (i) to preside over the meetings of the Corporation and
send the copy of proceeding to the Commissioner within seven days from the date
of meeting; (ii) to fix the date of the meeting of the Corporation
with the consent of the Mayor and arrange to send the notice thereof along with
the Agenda as approved by the Mayor; and (iii) to have administrative control over the officers
and servants of his office including the Corporation Secretary. (2) The
Speaker shall have power to call the execution report from the Commissioner, on
the decisions taken in the meeting of the Corporation, and may take steps to
include in the agenda of the next meeting of the Corporation such matters in
which execution has been delayed beyond three months.] (1) The [106][Divisional
Commissioner] may, at any time, remove any [107][elected] [108][....]
councillor :-- (a) if his continuance as a councillor is not, in the
opinion of the [109][Divisional
Commissioner], desirable in the interests of the public or the Corporation; or [110][(a-1) if it is found that he does not belong to
the reserved category for which the seat was reserved, or] (b) if the Corporation has, by a resolution supported
by at least two-third of the total number of councillors; recommend that a
councillor is not fit to continue as a councillor on account of misconduct in
the discharge of his duties or disgraceful conduct and should therefore be
removed. (2) The [111][Divisional
Commissioner] may, while ordering the removal under [112][sub-section
(3) of Section 23] or this section, also order that such councillor, shall not
be eligible to become a councillor of a Corporation for a period which shall be
specified in the order and which shall not exceed [113][five]
years : Provided
that no resolution recommending the removal of any councillor shall be passed
by the Corporation nor any such order of removal shall be passed by the [114][Divisional
Commissioner] unless such councillor has been given a reasonably opportunity of
showing cause why a recommendation should not be made for his removal or why he
should not be removed from his office [115][(3) An appeal against the order passed under
sub-section (1)'or sub-section (2) of this section or Section [116][18]
shall lie to the State Government within 30 days of the date on which the order
is conveyed to the aggrieved party. The State Government may after giving a
reasonable opportunity of being heard, pass such order on the appeal as it may
think fit.] [117][A person who ceases to be the Councillor shall
automatically vacate all the offices in the Corporation which he holds by
virtue of his being a Councillor.] [118][(1) The State Government may, at any time, remove
a Mayor or a Speaker or Chairman of any Committee, if his continuance as a
Mayor or Speaker or Chairman of any Committee as the case may be, is not, in
the opinion of the State Government, desirable in public interest or in the
interest of the Corporation or if it is found that he is incapable of
performing his duties or is working against the provisions of this Act [119][or
the rules made thereunder or if it is found that the Mayor does not belong to
the reserved category for which the seat was reserved.] [120][(2) As a result of the order of removal of Speaker
or Chairman of any Committee, as the case may be, under sub-section (1), it
shall be deemed that such Speaker or the Chairman of any Committee, as the case
may be, has been removed from the office of Councillor also. At the time of
passing order under sub-section (1), the State Government may also pass such
order that the Mayor or Speaker or Chairman of any Committee, as the case may
be, shall be disqualified to hold the office of Mayor or Speaker or Councillor,
as the case may be, for the next term : Provided
that no such order under this section shall be passed unless a reasonable
opportunity of being heard is given.] (1) The Mayor may resign his office by tendering his
resignation in writing to the State Government. (2) On receipt of the resignation, under sub-section
(1), the State Government shall :-- (i) if satisfied about its genuineness, accept the
resignation and notify the fact of such resignation and the occurrence of
casual vacancy by reason of such resignation in the Gazette; (ii) if not satisfied about its genuineness, not accept the
resignation for reasons to be recorded in writing. "(2) The
State Government may while ordering the removal under sub-section (1), also
order that such Mayor or Speaker or Chairman of any Committee shall be
disqualified to hold such office for the next term : Provided
that no such order under this section shall be passed unless a reasonable
opportunity of being heard is given". (3) If it appears to the State Government that the
Mayor having become liable for removal under Section [121][19-B]
has tendered his resignation to escape such removal, then notwithstanding
anything contained in this section, the State Government may order his removal
in accordance with the provisions of the said section and thereupon the Mayor
shall be deemed to have been removed from the date he resigns his office.] [122][(1) Every Municipal Corporation unless sooner
dissolved, shall continue for five years from the date appointed for its first
meeting and no longer. [123][Explanation.--The meeting held under sub-section (1) of
Section [124][18] for the purpose of
electing [125][the
Speaker] shall be deemed to be the first meeting for the purpose of this
sub-section.] (2) An
election to constitute a Municipal Corporation shall be completed :-- (a) before the expiry of its duration specified in
sub-section (1); (b) before the expiration of a period of six months
from the date of its dissolution : Provided
that where the remainder of the period for which the dissolved Municipal
Corporation would have continued is less than six months, it shall not be
necessary to hold any election under this section for constituting the
Municipal Corporation for such period. (3) A
Municipal Corporation constituted upon the dissolution of a Municipal
Corporation before the expiration of its duration shall continue only for the
remainder of the period for which the dissolved Municipal Corporation would
have continued under sub-section (1) had it not been so dissolved.] [126][(4) Subject to the provisions of this Act, the
term of Mayor and every Councillor shall be counterminous with the term of the
Corporation.] [127][(1) As soon as the office of a Mayor or the seat
of an elected Councillor becomes vacant or is declared vacant, or the election
of the Mayor or the Councillor, as the case may be, is declared void, the State
Government shall forthwith inform the State Election Commission for filling up
the vacancy and the person so elected shall hold office of Mayor or Councillor,
as the case may be. only for the remaining period of the Corporation : Provided
that if the remaining period of the Corporation is less than six months, such
vacancy shall not be filled in. (2) Until
the vacancy in the office of Mayor is filled in under sub-section (1), all the
powers and duties of the Mayor shall be performed by such elected Councillor as
the State Government may nominate in this behalf: Provided
that if the office of Mayor is reserved under Section 11-A, such Councillor
shall be nominated from the elected Councillors to such reserved category]. Every
election of a [129][Mayor
and Councillor] shall be notified by the State Election Commission in the
Official Gazette.][130] [131][(1) The Speaker or any Councillor may resign his
office by tendering his resignation in writing to the Mayor who shall forward
the same to the Divisional Commissioner and if the Speaker or such Councillor,
as the case may be, desires he may also send a copy of his resignation directly
to the Divisional Commissioner. (2) On
receipt of the resignation under sub-section (1), the Divisional Commissioner
shall :-- (i) if satisfied about its genuineness, accept the
resignation and notify the fact of such 'resignation and the occurrence of
casual vacancy by reason of such resignation in the Gazette; (ii) if not satisfied about its genuineness, not accept
the resignation for reasons to be recorded in writing. (3) If it
appears to the Divisional Commissioner that any Councillor having become liable
for removal under Section 19 has tendered his resignation to escape such
removal, then notwithstanding anything contained in this section, the
Divisional Commissioner may order his removal in accordance with the provisions
of the said section and thereupon the Councillor shall be deemed to have been
removed from the date he resigned his office]. [132][(1) A motion of no confidence may be moved against
the Speaker by any elected Councillor at a meeting specially convened for the
purpose under sub-section (2) and if the motion, is carried by a majority of
two thirds of the elected Councillors present and voting in the meeting and if
such majority is more than half of the total number of elected Councillors
constituting the Corporation, the office of the Speaker, shall be deemed to
have fallen vacant forthwith : Provided
that no such resolution shall lie against the Speaker within a period of-- (i) two years from the date on which the Speaker enters
upon his office; (ii) one year from the date on which the previous motion
of no-confidence was rejected. (2) For the
purpose of sub-section (1) a meeting of the Corporation shall be convened and
presided over by the Collector in the following manner, namely :-- (i) the meeting, shall be convened forthwith on a
requisition, signed by not less than [133][one-third]
of the total number of elected Councillors constituting the Corporation for the
time being; (ii) the notice of such a meeting specifying the date,
time and place shall be despatched to the Mayor and every Councillor ten clear
days before the meeting; (iii) the no-confidence motion moved under this section
shall be decided through secret ballot.] [134][(1) Every Mayor of a Corporation shall forthwith
be deemed to have vacated his Office if he is recalled through a secret ballot
by a majority of more than half of the total number of voters of the
corporation area casting the vote in accordance with the procedure as may be
prescribed : Provided
that no such process of recall shall be initiated unless a proposal is signed
by not less than three fourth of the total number of the elected Councillors
and presented to the Divisional Commissioner : Provided further that no such process shall be
initiated :-- (i) within a period of two years from the date on which
such Mayor is elected and enters his office; (ii) if half of the period of tenure of the Mayor
elected in a by-election has not expired : Provided
also that process for recall of the Mayor shall be initiated once in his whole
term. (2) The
Divisional Commissioner, alter satisfying himself and verifying that the three
fourth of the Councillors specified in sub-section (1) have signed the proposal
of recall, shall send the proposal to the State Government and the State
Government shall make a reference to the State Election Commission. (3) On
receipt of the reference, the State Election Commission shall arrange for
voting on the proposal of recall in such manner as may be prescribed.] [135][(1) The Mayor shall:-- (a) have administrative control over the officers and servants
of his office including the office of the [136][Mayor-in-Council]
and Appeal Committee; (b) exercise such powers and perform such functions as
described in the Act or the Rules made thereunder. (2) The
Mayor or in his absence the [137][such
member of the Mayor in Council, as may be appointed by the Mayor] in case of
epidemic, natural or unforeseen calamity may direct the execution of stoppage
of any work or any act, the immediate execution or stoppage of which is
necessary for the purpose of this Act: Provided
that-- (a) he shall not act under this sub-section in
contravention of any order of the State Government or Corporation or [138][Mayor-in-Council]
prohibiting the execution or stoppage of any particular work or act; and (b) he shall report the action taken under this
sub-section and the reasons therefor, to the Corporation at its next meeting
and if the Corporation does not confirm the action of the Mayor or the [139][such
member of the Mayor-in-Council, as may be appointed by the Mayor], as the case
may be, the matter shall be referred to the State Government and the decision
of the State Government thereon shall be final, but the State Government before passing any order,
which may affect any person a reasonable opportunity of being heard shall be
given to such person]. [140][Subject to the provisions of the Act, every
Councillor shall have the following duties :-- (i) to be present and take part in the meetings of the
Corporation and on requirement give vote in his discretion in favour or
against, on the matters included in the agenda; (ii) to draw the attention of the Commissioner or the
head of the departments concerned, towards and loss to the Corporation property
or any short comings in any scheme or service or any work being executed by the
Corporation.] The
Mayor, Speaker and the Councillors shall be entitled to receive such [143][honorarium]
or allowances or both, as the State Government may prescribe][144]. (1) Within fifteen days from the expiration of each
calendar, quarter, the Commissioner shall-- (a) draw up a list-of all councillors (which term for
the purposes of this
section shall include the Mayor and [145][Speaker]),
who have failed to pay any tax due by them to the Corporation within six months
from the date on which such tax became due; (b) issue to every person on the said list a notice of
demand requiring him to pay the arrears within three months from the date of
service of such notice; and (c) submit a copy of the list of the Government. (2) If on receipt of the notice referred to in
sub-section (1) the Councillor fails to pay within three months, the arrears of
any tax specified in the notice, he shall subject to the provision of
sub-section (3) of Section 17 cease to be a councillor and his office shall be
vacant; and he shall be disqualified for further election or [146][nomination]
to such office until the arrears due by him are paid and the certificate to
that effect is granted to him [147][***]. (3) The Government may make rules under this Act
providing for all matters connected with the administration of this section. [148][The Corporation shall meet at least once in every
two months and every Committee shall meet at least once in every month for the
transaction of its business]. [149][***] (1) A meeting of the Corporation shall be either
ordinary or special. [150][(2) The date of every meeting except the meeting
referred to in Sections 18 and 23-A, [151][shall
be fixed by the Speaker with the consent of the Mayor or in the event of his
being incapable of acting by the Mayor] : Provided
that if the date of the meeting is not fixed by the Speaker or the Mayor, as
the case may be, the Municipal Commissioner shall fix the date of the meeting
under intimation to the State Government]. (3) [152][Subject
to the provisions of [153][Section
18 or 23-A or 24], notice of [154][every meeting] specifying the time and place
thereof and the business to be transacted there at shall be dispatched to every
Councillor and exhibited at 'he Municipal Office seven clear days before an ordinary
meeting and three clear days before a special meeting : Provided
that if the notice [other than a notice of meeting under [155][Section
18 or 23-A or 24] has been exhibited at the Municipal Office, failure to serve
it on a councillor shall not affect the validity of a meeting. (4) No
business other than that specified in the notice relating thereto shall be
transacted at a meeting [156][except
with the consent of two-third of the members present.] [157][(5) The Commissioner shall prepare the list of the
business (agenda) to be transacted in the meeting as mentioned in sub-section
(3) and submit it to the Mayor for approval. The Mayor shall approve the agenda
and send it to the Speaker. The Speaker shall arrange to send the same along
with the notice of meeting to the Councillors. The Speaker shall neither
exclude nor include any item in the agenda as approved by the Mayor.] The
Speaker or in the event of his being incapable of acting by the Mayor, may,
whenever he thinks fit, call a special meeting and shall be bound to do so
within two weeks of the receipt of written requisition signed by the not less
than one third of the total number of elected Councillors : Provided
that if on receipt of requisition the special meeting is not convened within
the stipulated time by the Speaker or the Mayor, as the case may be, the
Municipal Commissioner shall convene such meeting under intimation to the State
Government][158]. Any
meeting of the Corporation may, with the consent of a majority of the [159][elected]
councillors present, be adjourned from time to time, to a later hour on the
same day or to any other date; but no business other than left over at the
adjourned meeting shall be transacted at the next meeting. A
notice of such adjournment posted in the Municipal Office on the day on which
the meeting is adjourned shall be deemed sufficient notice of the next ensuing
meeting. The
meeting of the Corporation shall ordinarily be open to the public : Provided
that the presiding authority may either suo motu or on the suggestion of any
member exclude the public from a meeting temporarily or otherwise : Provided
further that the presiding authority may at any time cause any person who
interrupts the proceedings to be removed. [160][(1) At the meeting of the Corporation, except the
meeting referred to in Sections 18 and 23-A, the Speaker, if present shall
preside. (2) If the
Speaker is absent from the meeting of the Corporation, one of the Councillors,
in order of the names as exist in the Panel referred to in sub-section (2) of
Section [161][23], shall preside. (3) If the
Councillors as aforesaid are also absent, the elected Councillors shall choose
one of them to preside. (4) In the
case of equality of votes, the person presiding at the meeting shall have a
casting vote]. (1) The quorum for a meeting of the Corporation shall
be one-third of the total number of councillors. (2) If at any time in a meeting there is no quorum, the
presiding authority shall adjourn it to such time or date as he thinks fit and
announce the same at once; and the business set down for the meeting shall be
brought forward at the subsequent meeting, whether at such meeting there is a
quorum or not. (3) No business other than the business fixed for the
original meeting shall be transacted at such subsequent meeting. (4) A notice of adjournment exhibited in the municipal
office on the day on which the meeting is adjourned shall be sufficient notice
of the subsequent meeting. (1) No Councillor shall vote or take part in the
discussion of any matter before a meeting in which he has directly or
indirectly, by himself or his partner, any share or interest in any contract
grant or employment with, by or on behalf of, the Corporation. (2) If a Councillor has any pecuniary interest direct
or indirect in any contract, or proposed contract or other matter, and is
present at a meeting of the Corporation or [162][Mayor-in-Council]
at which the contract or other matter is the subject of consideration, he shall
at the meeting, as soon as practicable after the commencement thereof, disclose
the fact, and shall not take part in the consideration or discussion of, or
vote on any question with respect to the contract or other matter : Provided
that this section shall not apply to an interest in the contract or other
matter which a Councillor may have as a taxpayer or inhabitant of the city, or
as an ordinary consumer of electricity or water, or to an interest in any
matter relating to the terms on which the right to participate in any service,
including the supply of goods is offered to the public. (3) For the purposes of this section a person shall
(subject as hereinafter in this sub-section provided) be treated as having
indirectly a pecuniary interest in a contract or other matter, if-- (a) he or any nominee of his is a member of a company
or other body with which the contract is made or is proposed to be made or
which has a direct pecuniary interest in the other matter under consideration; (b) he is partner, or member of the joint Hindi family
or is in the employment of a person with whom the contract is made or is
proposed to be made, or who has a direct pecuniary interest, in the other
matter under consideration : Provided
that-- (i) this sub-section shall not apply to membership of,
or employment under, any public body; (ii) a member of a company or other body shall not, by
reason only of his membership, be treated as being so interested if he has no
beneficial interest in any shares or stock of that company or other body; (iii) no person shall be deemed to have any share or
interest in a contract, grant or employment by reason only of his having any
share or interest in-- (a) any lease, sale or purchase of land or any
agreement for the same; or (b) any agreement for the loan of money or any security
for the payment of money only; or (c) any newspaper in which any advertisement relating
to the affairs of the Corporation is inserted; or (d) any joint stock company which may enter into
contract with or be employed by the Commissioner on behalf of the Corporation;
or (e) the occasional sale to the Commissioner on behalf
of the Corporation, to a value not exceeding in any one official year five
hundred rupees, of any article in which he regularly trades. (1) The presiding authority shall preserve order and
may direct any councillor whose conduct in his opinion disorderly to withdraw
immediately from the meeting of the Corporation and any councillor so ordered
to withdraw shall do so forthwith and shall absent himself during the remainder
of the day's meeting; and if he is ordered a second time within 15 days to withdraw,
the presiding authority may suspend him for any period not exceeding 14 days
and he shall absent himself from meeting accordingly: Provided
that the presiding authority may remit the suspension on receiving apology to
his satisfaction from the councillor under suspension : Provided also that the suspension shall not prevent
any councillor from serving on any committee. (2) The presiding authority may, in case of grave
disorder arising in the meeting, suspend the meeting for a period not exceeding
three days. (3) If any person who has been ordered to withdraw,
unlawfully remains in the meeting, the presiding authority may take such steps
as he may deem fit to cause him to be removed. [163][(1) There shall be a Mayor-in-Council for every
Corporation which shall be constituted by the Mayor from amongst the elected
Councillors within seven days from the date of election of Speaker under
Section 18. [164][(2) The Mayor-in-Council shall consist of the
Mayor and not less than 5 and not more than 10 members in every Corporation : Provided
that all the members shall be nominated by the Mayor from amongst the elected
Councillors of the Corporation and out of which at least one member from
Scheduled Castes or Scheduled Tribes, one member from Other Backward Classes
and one member from women category shall be nominated.] (3) The
members of the Mayor-in-Council shall hold office during the pleasure of the
Mayor. (4) Each
corporation shall have such departments as may be prescribed and member of the
Mayor-in-Council may be made incharge of such department as may deem fit by the
Mayor. (5) The
Mayor shall be the ex-officio Chairman of the Mayor-in-Council and shall
preside over the meetings of the Mayor-in-Council, it" present. In the absence
of the Mayor, the members present in the meeting shall choose one of them to
preside over the meetings. (6) Notwithstanding
anything contained in this Act, the Mayor-in-Council, Mayor and the members
shall exercise such powers and perform such functions as may be prescribed. (7) The
functions and the conduct of business of the Mayor-in-Council shall be such as
may be prescribed. (8) In case
the office of the Mayor is declared vacant under this Act, the Councillor
nominated by the Government under sub-section (2) of Section 21 to perform the
duties of the Mayor or a person who is elected for the office of the Mayor, as
the case may be, either allow the existing members of the Mayor-in-Council to
continue or appoint new members in place of them from amongst the elected
Councillors.] [165][***] [166][***] [167][***] [168][***] [169][***] [170][***] [171][***] The [172][Mayor-in-Council]
may appoint one or more sub-committees from amongst its members, which shall
consist of such number of members as it may fix and may refer to it any matter
pending before it for enquiry and report or opinion. [173][***] [174][(1) After the first meeting of the Corporation
under Section 18, the Speaker shall constitute an Advisory Committee for every
department of the Corporation from amongst the elected councillors other than
the councillors included as member in the Mayor-in-Council under Section 37, to
advise in the affairs of the department concerned. (2) Each
Advisory Committee shall consist of nine members in case of a Municipal
Corporation having sixty or more wards and seven members in case of
Corporations having less than sixty wards. (3) The
member of the Mayor-in-Council incharge of the department shall convene the
meeting of the Advisory Committee of the department concerned at least once in
every two months and shall preside over such meeting. He may take into
consideration the suggestions made by the members of the Advisory Committee in
the meeting]. (1) The Mayor may refer to any Committee appointed under
Section 46 for enquiry and report or opinion any matter relating to that
Committee. (2) The Corporation may, by a specific resolution
passed by the votes of not less than two-third of the total number of [175][elected
Councillors], delegate any of its powers and functions to the concerned
Committees mentioned in Section 46. (3) Any Committee mentioned in Section 46 may appoint
one or more sub-committees from amongst its members consisting of such members
as it may decide, and may refer to it for enquiry and report or opinion any
matter pending before it. (4) Every Committee appointed under Section [176][x
x x] 48 shall at its first meeting elect one of its [177][elected
Councillors] to be its Chairman. The
Corporation may also appoint from time to time and for such period as it may think fit, special committees,
consisting of such number of Councillors, as it may think fit, and may refer to
such Committees for inquiry and report or for opinion, any matter relating to
the purpose of this Act. [178][(1) There shall be constituted Ward Committees
within the territorial area of a Municipal Corporation having a population of
three lakhs or more. [179][The
Wards Committee shall be constituted within thirty days from the date of
election of Speaker under sub-section (1) of Section 18.] [180][Provided that the Corporation having a population
of less than three lacs may also constitute wards Committees in its territorial
area.] (2) The
number of Ward Committees in a Corporation shall be equal to the population of
the Municipal area divided by one lakh : Provided
that fractions less than half shall be omitted and the fractions equal to half
or more shall be rounded off to the next whole number. (3) The
number of wards included in the territorial area of Wards Committees of the
Corporation shall, as nearly as possible, be equal. (4) The
corporation shall be competent to determine the territorial area of the Ward
Committees : Provided
that the Wards included in the territorial area of a Ward Committee shall be
contiguous. (5) Every
elected Councillor representing a ward within the territorial area of a Ward
Committee and two persons residing within the territorial area of such Wards
Committee as may be nominated by the Mayor shall be the members of that
Committee : Provided
that only a person who is otherwise not ineligible for election as a Councillor
shall be so nominated : [181][Provided further that only persons having special
knowledge or experience in the municipal administration shall be nominated on
the recommendation of the Chairman of the Wards Committee and the persons so
nominated shall not have voting rights in the meetings of the Ward Committees.] (6) The Wards
Committee shall, at its first [182][meeting
in the prescribed manner] elect one of the elected Councillors to be its
Chairman who shall hold office until the duration of the Municipal Corporation
: [183][Provided that where the Speaker is a Member of any
Wards Committee, the Speaker shall be the ex-officio Chairman of such Wards Committee.] (7) The
State Government shall prescribe, the functions and powers of Wards Committees
and the procedure for the conduct of their business.] (1) [184][In every Municipal area/which is notified by the
State Government in this behalf, the Mohalla Committees shall be constituted
within three months from the date of notification. (2) The number of Mohalla Committees and the number of
members shall be such as the State Government may by order prescribe from time
to time. (3) The elected Councillor of ward concerned shall be a
member in all the Mohalla Committees within the territorial area of any Ward. (4) The Corporation shall be competent to determine the
territorial area of Mohalla Committees : Provided
that the Mohallas included in the territorial area of any Mohalla Committee
shall be contiguous. (5) The State Government shall prescribe the functions
and powers of the Mohalla Committee and the Procedure for the conduct of their
business.] The
quorum for the meeting of the [185][Mayor-in-Council]
or any other Committee appointed under Section 46 or 48 shall be one-half of total
of its members. Except
as otherwise provided by or under this Act all questions brought before any
meeting held under this Act shall be decided by majority of the votes of the
Mayor and elected councillors present and in the case of an equality of voles
the presiding authority of the meeting shall have a second or casting vote : Provided
that in the case of equality of votes in the election of the Speaker, or the
Chairman of any Committee, the presiding authority shall not exercise his
casting vote, and the result shall be decided by lot][186]. [187][The Corporation may remove any member of a
Committee by a majority of atleast two thirds of the elected Councillors, on
the recommendation of such Committee, and may elect a new member in its place,
in accordance with the provisions of this Act.] No
act or proceeding of the Corporation or of any Committee appointed under this
Act, shall be questioned on account of any vacancy in the membership or any
defect in the election or qualification of the Mayor, [188][Speaker],
presiding authority, any councillor or member thereof, or any defect or
irregularity in any such act or proceeding not affecting the merits of the
case. Until
the contrary is proved-- (i) every meeting of the Corporation or any committee
shall be deemed to have been duly convened and held, and all the members of the
meeting shall be deemed to have been duly qualified, when the minutes of the
meeting have been signed in accordance with the provisions of this Act; and (ii) where the meeting is a meeting of any Committee,
such Committee shall be deemed to have been duly constituted and to have had
power to deal with the matters referred to in the minutes. [189][(1) Minutes of the proceedings of every meeting of
the cooperation, Mayor-in-Council or any committee shall be recorded in the
following manner :-- (i) In case of meeting of the Corporation the Municipal Commissioner and in case of meeting of
the Mayor-in-Council or any of the Committee, the officer-in-charge shall
arrange to record the minutes in accordance with the decision taken in the
meeting on any subject just after a decision is taken on such subject; (ii) The minutes of the proceedings-recorded shall
include-- (a) the names of the councillors present; (b) if the decision on any subject is not unanimous,
the names of the councillors who have voted for and against such decision and
the names of those who have remained neutral; (c) the mode of voting followed in taking decision i.e.
by secret ballot or otherwise; (iii) As soon as the business of the meeting is over, the
Municipal Commissioner or the officer-in-charge, as the case may be, shall
submit the minutes in the meeting for confirmation and after having confirmed,
the Speaker or Chairman, as the case may be, of the meeting and the Municipal
Commissioner or Officer-in-Charge, as the case may be, shall jointly sign, the
minutes. (2) If the
minutes are not confirmed due to any reason in the meeting, the proposal to
confirm the minutes shall be Submitted in the next meeting. (3) In case
of minutes relating to Corporation meeting a copy of the minutes shall be sent
by the Municipal Commissioner to the Mayor, speaker, and every Councillor and
in case of meeting of the Mayor-in-Council or any committee, the
Officer-in-Charge shall send the copy of the minutes to the chairman and
members of such committee. (4) The copy
of the minutes or any of its portion may be obtained by any person on payment
of such fee as may be prescribed by the Municipal Commissioner. (5) A copy
of the minutes of every meeting of the Corporation shall be sent by the
Municipal Commissioner to the State Government and a copy of the same shall be
pasted at the notice board of the Corporation within seven days from the date
of confirmation of minutes.] (1) The Commissioner for the Corporation shall be
appointed by the Government for a renewable period not exceeding five years. (2) He shall be forthwith removed from office if at a
meeting of the Corporation not less than three-fourths of the total number
of [190][elected Councillors]
vote in favour of a proposition in this behalf; and he may be removed by the
Government at any time if it appears to the Government that he is incapable of
performing the duties of his office or has been guilty of any misconduct or
neglect which renders his removal expedient: Provided
that when the Commissioner holds a lien on any post under Government, he may be
recalled at any time by the Government. [191][x
x x] The
Commissioner shall be the principal executive officer of the Corporation and
all other officers and servants of the Corporation except the servants and
officers of the Corporation office shall be subordinate to him. He shall have
the right to speak at, and otherwise take part in any meeting of the
Corporation or any Committee thereof, but shall not be entitled to vote or to
move any proposition. (1) The Commissioner shall receive such monthly salary
and such monthly allowances as the Government may, from time to time,
determine. (2) [192][subject to the provisions of sub-section (1), the
condition of service] of a person appointed as a Commissioner, who holds a lien
on a post under the Government during the tenure of his aforesaid appointment,
shall be such as may be laid down by the Government and in any other case they
shall be such as may be laid down by [193][bye-laws]
framed by the Corporation. (1) The Government may With the previous consent of the
Corporation grant leave of absence to the Commissioner. (2) During any absence on leave of the Commissioner the
Government shall appoint a person to act as the Commissioner. (3) Every person so appointed shall exercise the powers
conferred and perform the duties imposed on the Commissioner by this Act or by
any other enactment for the time being in force and shall be subject to the
same liabilities, restrictions and conditions to which the Commissioner is
liable and shall receive such monthly salary and allowances, as the Government
may determine. [194][(1) Subject to the rules made by the State
Government in respect of the Set-up, Strength, Recruitment, Appointment,
Pay-scales, Allowances and other conditions of service of officers and servants
of the Corporation, the Corporation shall appoint such officers and servants as
may be necessary for the efficient performance of the functions of the
Corporation : Provided
that : (i) the power of appointing any person on a municipal
post which carries a maximum scale of pay as the State Government may, from
time to time, by an order in writing specify, shall vest in the [195][Mayor-in-Council]
or the Commissioner. (ii) any appointment made within his power by the
Commissioner shall be reported for information to the [196][Mayor-in-Council]; (iii) every appointment to be made by the [197][Mayor-in-Council]
shall be subject to the prior confirmation for the State Government. The
decision of the State Government in this behalf shall be final. (2) Notwithstanding
anything contained in sub-section (1), in emergent situations, the [198][Mayor-in-Council]
may make ad hoc appointments for a period not exceeding six months, with prior
permission of the State Government]. [199][(2a) Notwithstanding anything contained in
sub-sections (1) and (2), the Mayor-in-Council may, with prior permission of
the State Government, appoint on contract, specialist officers and servants in
the field of management, accounts, information technology, engineering and
planning for specified periods and the manner and terms and conditions of
appointment of such specialists officers and servants on contract shall be such
as may be prescribed by the State Government.] (3) The
State Government may depute to any post under the Corporation carrying maximum
scale of pay [200][as
the State Government may, from time to time, by an order in writing specify]
such servants of the Stale Government as it may consider necessary.] (4) The
terms and conditions of deputation of servants of the State Government
including disciplinary control shall be such as may be prescribed. [201][(5) Notwithstanding anything contained in this Act
or any rules or bye-laws made thereunder, the State Government may, subject to
the conditions specified in sub-section (6), transfer on deputation [202][any
officer or servant of a Municipal Corporation] to any other Municipal
Corporation and it shall not be necessary for the State Government to consult
either the Corporation or the Officer or Servant concerned before passing an
order of transfer on deputation under this sub-section.] (6) The
officer or servant transferred under sub-section (5) shall :-- (a) have his lien on the post held in the parent
Corporation; (b) not be put to disadvantageous position in respect
of pay and allowances which he would have been entitled to had he continued in
the parent Corporation; (c) be entitled to deputation allowance at such rate as
the State Government may be general order specify; and (d) be governed by such other terms and conditions
including disciplinary control as the State Government may, by general or
special order, specify.] (1) No person shall be eligible for employment as a Municipal
Officer or servant if he-- (a) has directly or indirectly, by himself or his
partner, any share or interest in any contract of employment with, by or on
behalf of the Corporation, other than an interest in land held on a lease from
the Corporation, or is a Director, Secretary, Manager or other salaried officer
of an incorporated company which has any such share or interest; or (b) has acted or is acting professionally in relation
to any matter on behalf of any person having therein any such share or interest
as aforesaid. (2) If any Municipal Officer or servant acquires,
directly or indirectly by himself or by his partner, any share or interest as
aforesaid, otherwise than as such officer or servant, he shall cease to be a
Municipal Officer or servant, and his office shall become vacant. (3) Nothing in the foregoing sub-sections shall apply
to any such share or interest' as under Section 35 it is permissible for a
Councillor to have without being thereby prohibited from voting or taking part
in the discussion of any matter. (1) Any Municipal Officer or servant maybe
discharged:-- (a) during a period of probation; (b) if appointed otherwise than under contract to hold
a temporary appointment, on the expiration of the period of the appointment; (c) if engaged on contract, in accordance with the
terms of the contract; (d) on" account of the abolition of the post held
by him or on account of a reduction in the strength of a cadre of Municipal
Officers and servants. (2) The following penalties may for good and sufficient
reasons be imposed upon any Municipal Officer or servant :-- (i) censure; (ii) withholding of increment or promotion, including
stoppage at an efficiency bar; (iii) reduction to a, lower time-scale or to a lower
stage in a time-scale; (iv) recovery from pay of the whole or part of any
pecuniary loss caused to the Corporation by negligence or by breach of orders; (v) fine to be deducted from salary; (vi) reduction in rank; (vii) removal from the service of the Corporation, which
does not disqualify from future employment; (viii) dismissal from the service of the Corporation which
ordinarily disqualify from future employment: Provided
that a dismissed municipal officer or servant may be re-employed by the
Corporation with the special sanction of the Government. Explanation.--The penalty of removal may be inflicted upon a
municipal officer or servant either for misconduct not [203][sufficiently]
grave to justify dismissal or on account of general unfitness for the duties of
his office. (3) If a Municipal Officer or servant-- (a) has been engaged on a written contract, he shall be
entitled to notice, or salary in lieu of notice in accordance with the terms of
that contract; (b) has not been engaged on a written contract, he
shall be entitled to one month's notice of the termination of his services or
one month's salary in lieu of notice. (4) Municipal officers and servants discharged during
the period of probation or on the expiration of the period of a temporary
appointment, shall not be entitled to any notice or salary in lieu of notice. (5) No penalty mentioned in sub-section (?) above shall
be imposed upon any municipal officer or servant by order of any authority
subordinate to that which makes appointment to the post he holds at the time of
the order and unless he has been given a reasonable opportunity of showing
cause against the imposition of such penalty. (6) No penalty mentioned in clauses (vi), (vii) and
(viii) of sub-section (2) shall be imposed upon any municipal officer or
servant appointed by the [204][Mayor-in-Council]
without the previous consultation with [205][the
State Government] : Provided
that in case of any difference of opinion between the Mayor-in-Council
and [206][the State Government]
the matter shall be laid before the Corporation. If the Corporation agrees with
the [207][the State Government]
the order shall be made accordingly. In other cases a reference shall be made
by the Corporation to the Government whose decision shall be final, (7) Any Municipal Officer or servant who is discharged
during the period of probation or on whom a penalty is imposed under
sub-section (2), may
appeal to such authority within such period and in such manner as may be
prescribed. (8) [208][Omitted]. The
Corporation may give an extraordinary pension, gratuity or compassionate
allowance in accordance with the rules or bye-laws framed in this behalf-- (a) to any Municipal Officer or servant injured in the
execution of his duty; or (b) to the family or other relatives dependent on any
Municipal Officer or servant who is killed in the execution of his duty, or
whose death is due to devotion to duty or who dies during service: Provided
that the extraordinary pension, gratuity or compassionate allowance paid to a
municipal officer or servant shall in no circumstances exceed that payable to a
person of similar rank or position in the service of the Government. Any
Municipal Officer or servant who has been sentenced by a criminal Court to
imprisonment for an offence punishable with imprisonment for a term exceeding
six months and involving moral turpitude shall, if such sentence is not
set-aside or reversed in appeal or revision and if such officer or servant
shall not have been dismissed, [209][cease]
to be a Municipal Officer or servant on such conviction and the Corporation
shall not reinstate or re-employ any such officer or servant without the
previous sanction of the Government. (1) Any municipal officer or servant occupying any
municipal premises-- (a) shall occupy the same, subject to such conditions
and terms as may be prescribed by the Commissioner; and (b) shall notwithstanding anything contained in any law
for the time being inforce, vacate the same on his
ceasing to be in the service of the Corporation, or whenever the Commissioner
thinks it necessary and expedient to require him to do so. (2) If any person who is bound or required under
sub-section (1) to vacate any premises, tails to do so, the Commissioner may
order such person to vacate such premises and may take such measures as will
prevent him from remaining on or again entering in the premises. No
essential officer or servant shall-- (a) unless he is authorised in that behalf by the terms
of his contract, resign his appointment-or quit his employment without giving
written notice, not less than one month previously, to the authority appointing
him, of his intention so to do; or (b) absent himself from duty otherwise than on leave
duly granted and not subsequently cancelled; or (c) neglect or refuse to perform any of the duties or
wilfully perform them in an insufficient manner; If
the Government is of opinion that the stoppage or the cessation of the
performance of any of the essential services will be prejudicial to the safety
or health or the maintenance of the services essential to the life of the
community in the city, it may, by notification in the Gazette, declare that an
emergency exists in the city and that in consequence thereof no member of such
of the essential services and for such period as may be specified in the
notification shall, notwithstanding any law for the time being in force, on any
agreement-- (a) withdraw or absent himself from his duties
otherwise than on leave duly granted; or (b) neglect or refuse to perform his duties or wilfully
perform them in an insufficient manner. (1) The Corporation shall make adequate provision, by
any means or measures which it may lawfully use or take, for each of the
following matters, namely :-- (a) lighting public streets, places and buildings; (b) cleaning public streets, places and sewers and all
spaces not being private property, which are open to the enjoyment of the
public, whether such spaces are vested in the Corporation or not; removing
noxious vegetation, and abating all public nuisances; (c) disposing of nightsoil and rubbish and, if so
deemed desirable, preparation of compost manure from nightsoil and rubbish; (d) the maintenance of the fire-brigade for
extinguishing fire, and protection of [210][life]
and property when fires occur; (e) regulating or abating dangerous or offensive trades
or practices; (f) removing obstructions and projections in public
streets and places, and in spaces not being private property, which are open to
the enjoyment of the public whether such spaces are vested in the Corporation
or the Government; (g) establishing and managing cattle pounds; (h) securing or removing dangerous buildings or places; (i) acquiring and maintaining, changing and regulating
places for the disposal of the dead and disposing of unclaimed dead bodies and
dead bodies of paupers; (j) constructing, altering and maintaining public
streets, culverts and corporation boundary, markets, latrines, urinals, drains,
sewers and providing public facilities for drinking water, watering public
streets and places; (k) the management and maintenance of all municipal
water-works and the construction and maintenance of new work and means for
providing a sufficient supply of suitable water for public and private
purposes; (l) the erection in proper and convenient situations on
municipal land of water closets, closet accommodation, urinals, and other
conveniences for the public and the maintenance and the cleansing of the same; (m) the construction and the maintenance of public
market and slaughter-houses and the regulation of all markets and
slaughter-houses; (n) [211][Omitted]. (o) the maintenance of an ambulance service; (p) naming streets and numbering houses; (q) registering births, marriages and deaths; (r) public vaccination; (s) establishing and maintaining primary schools; (t) taking measures to prevent the outbreak, spread or
recurrence of infectious diseases; (u) the maintenance of municipal office and of all
public monuments and other property vested in the Corporation; (v) provision of traffic signs; (w) printing and publishing such annual reports and
returns on the administration of the Corporation as the Government may by
general or special order, require the Corporation to submit; (x) the maintenance of public park, gardens recreation
grounds, public places and open spaces in existence and vested in the
Corporation; (y) fulfilling any obligation imposed by this Act or
any other law for the time being in force; (z) construction and maintenance of veterinary
dispensaries. (2) No suit for damages or for specific performance shall
be maintainable against the Corporation or any officer or councillor thereof,
on the ground that any of the duties specified in sub-section (1) have not been
performed. In
addition to the other powers and duties, conferred or imposed on it by or under
this Act or any other Act for the time being in force, the Corporation may in
its discretion provide from time to time either wholly or partly for all or any
of the following matters, namely :-- (a) reclaiming healthy localities, laying out, whether
in areas previously built upon or not, new public street, and acquiring land
for that purpose, including plots of land for building to abut on such streets; (b) constructing, establishing or maintaining public
parks or gardens, library, museums, halls, theatres, stadiums, offices, sarais,
rest-houses and other public buildings; (c) constructing and maintaining residential quarters
for municipal officers and servants; (d) construction, maintenance and cleansing of washing
and bathing places; (e) furthering educational objects other than the
establishment and maintenance of primary schools and making grants to
educational institutions; (f) planting and maintaining roadside and other trees; (g) taking a census and granting rewards for
information tending to secure the correct registration of vital statistics; (h) making a survey; (i) the destruction or the detention of ownerless dogs
or stray pigs or detention of animals causing nuisance; (j) securing or assisting to secure suitable places for
the carrying on of the offensive trades or practices; (k) supplying, constructing and maintaining pipe and
other fittings for the supply of water to private premises from water-works
maintained by the Corporation; (l) supplying, constructing and maintaining
receptacles, fittings, pipes, and other appliances on or for the use of private
premises for receiving and conducting the sewage thereof into sewers under the
control of the Corporation; (m) fairs and exhibitions, or athletics or games,
competitions or tournaments; (n) constructing and maintaining such roads and
buildings and other Government works as the Government may transfer to the
Corporation; (o) organisation and management of chemical or
bacteriological laboratories for the examination on analysis of water, food or
drugs, for the detection of disease or for researches connected with public
health; and (p) the construction and maintenance in the public
streets of drinking fountains for human beings and water troughs for animals; (q) the prevention of cruelty to animals; (r) the playing of music in squares, gardens or other
places of public resort; (s) the construction, purchase, organization,
maintenance or management of tramways or motor transport facilities for the
conveyance of the public; (t) preparation and presentation of address to person
of distinction; (u) prevention of vagrancy; establishing and
maintaining poor houses; (v) establishing and maintaining a farm or factory for
the disposal of sewage; (w) organization and maintenance of maternity homes and
infant welfare centres; (x) the organization, maintenance or management of
institutions, for the care and training of blind, deaf, dumb or otherwise
disable persons; (y) swimming pools, public wash houses, bathing places
and other institution designed for the improvement of public health; (z) 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; (aa) establishment
and control of gwala colonies and cattle pens within or without the city; (bb) the
purchase of any undertaking for the supply of electric energy or gas or
starting or subsidizing of any such undertaking; (cc) the
acquisition and maintenance of grazing grounds within or without the city; (dd) granting
rewards for information regarding the infringement of any provisions of this
Act or of any other Acts, the enforcement of which is entrusted to the
Corporation by regulation or standing order thereunder; (ee) the
construction and maintenance of sanitary stables for animals or vehicles, or
garages; (ff) measures
to meet any calamity affecting the public in the city; (gg) the
regulation of lodging houses and boarding houses in the city; (hh) the
grant of loans for building purposes or for purchase of conveyance to municipal
officers and servants, on such terms and conditions as may be prescribed [212][by
bye-laws] by the corporation; (ii) any
other measures for the welfare of municipal servants; (jj) contribution
towards any public fund raised for the relief of human sufferings within the
city or for the public welfare; (kk) establishing
and maintaining pre-primary schools; [213][(ll) establishing
and maintaining public hospitals and dispensaries and carrying out other means
necessary for public medical relief;] [214][(mm)] any other matter likely to promote the
public health, safety or convenience of the public. [215][(nn) Urban planning including town planning; (oo) Regulations
of land-use and construction of buildings; (pp) Planning
for economic and social development; (qq) Urban
forestry, protection of the environment and promotion of ecological aspects; (rr) Safeguarding
the interests of weaker sections of society, including the handicapped and
mentally regarded; and (ss) Urban
poverty alleviation.] (1) The State Government may entrust either
conditionally or unconditionally to the Corporation functions in relation to
any matter specified in the Schedule or in relation to any other matter to
which the executive authority of the State extends or in respect of which
functions have been entrusted to the State Government by the Central Government
and the Corporation shall be bound to perform these functions. (2) Where functions are entrusted to the Corporation
under this section, the Corporation shall, in the discharge of these functions,
act as an agent for the State Government. (3) Where by virtue of this section powers and duties
have been conferred or imposed as agency functions upon the Corporation, there
shall be paid by the State Government to the Corporation such sum as may be
determined by the State government in respect of any extra costs of
administration incurred by the Corporation in connection with the exercise of
those powers and duties. (4) In so far as the Corporation is required to act
under this section, it shall be under the general control of, and comply with
such particular directions, if any, as may, from time to time, be given to it
by the State Government or any other authority appointed by the State
Government in this behalf. (5) The State Government may, by order, place at the
disposal of the Corporation, and the Corporation shall utilise, the service of
such servants of the State or such classes of servants of the State as are
employed in the city in connection with a matter entrusted to the Corporation
under this section, and all such servants shall discharge their duties under
the general supervision and control of the Commissioner : Provided
that the extent of the said general supervision and control shall be such as
may be [216][prescribed by bye-laws
made under Section 427.] (1) The functions of the several municipal authorities shall be such as
are prescribed in this Act. (2) Municipal Government of the city vests in the
Corporation.--Except as otherwise expressly provided in this Act the municipal
government of the city vests in the Corporation. (3) Special functions of the Commissioner.--Subject to
the approval of sanction of the Corporation or of the [217][Mayor-in-Council],
whenever it is in this Act expressly so directed and subject also to all other
restrictions, limitations and conditions imposed by this Act, the entire
executive power for the purpose of carrying out the provisions of this Act
vests in the Commissioner who shall also-- (a) perform all the duties imposed or conferred upon
him by this Act; (b) prescribe the duties, and exercise supervision and
control over the acts and proceedings of all municipal officers and servants
other than the officers and servants of Corporation office and subject to the
rules or bye-laws for the time being in force, dispose of all questions
relating to the services of the said officers and servants and their pay,
privileges and allowances; (c) on the occurrence of any accident or unforeseen
event or on the threatened occurrence of any disaster, involving or likely to
involve extensive damage to any property of Corporation or danger to human or
animal life, take such immediate action as the emergency shall appear to him to
justify and require reporting forthwith to the [218][Mayor-in-Council]
or the Corporation, when he has done so, the action he has taken and his
reasons for taking the same and the cost if any incurred or likelt to be
incurred in consequence of such action and not covered by a current budget
grant. (4) Municipal Officers may be empowered to exercise the
powers of Commissioner.--Any of the powers, duties or functions conferred or
imposed upon or vested in the Commissioner by this Act may be exercised,
performed or discharged under the Commissioner's control, and subject to his
superintendence and to such conditions and limitations if any as he may think
fit to prescribe, by any municipal officer whom the Commissioner may generally
or specially empower in writing in this behalf. The
Corporation may at any time call for any extract from any proceeding of any
committee and for a return, statement, account or a report concerning or
connected with any matter with which any such Committee is empowered by this
Act to be; and every such requisition shall be complied with by such committee without unreasonable delay. (1) The Corporation may at any time require the
Commissioner-- (a) to produce any record, correspondence, plan or
other document which is in his possession or under his control as Commissioner,
or which is recorded or filed in his office or in the office of any municipal
officer or servant subordinate to him; (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 government of the city; (c) to furnish a report by himself, or to obtain from
the head of the department subordinate to him and furnish, with his own remarks
thereon a report upon any subject concerning or connected with administration
of this Act or the municipal government of the city. (2) Except as provided in sub-section (3) every such
requisition shall be complied with by the Commissioner without unreasonable
delay and it shall be incumbent on every municipal officer and servant to obey
any order made by the Commissioner in pursuance of any such requisition. (3) If on any such requisition being made, the
Commissioner shall declare that immediate compliance therewith would be
prejudicial to the interests of the Corporation or of the public, it shall be
lawful for him to defer such compliance until a time not later than the second
ordinary meeting of the Corporation after he shall have declared as aforesaid,
If at such meeting, or any meeting subsequent thereto, the Corporation shall
repeat the requisition and it shall then still appear to the Commissioner
inexpedient to comply therewith, he shall make a declaration to that effect.
Thereupon it shall be lawful for the Corporation to form a committee consisting
of the Mayor, one councillor chosen by the Corporation and one member elected
by the [219][Mayor-in-Council] from
among its members which shall engage to keep secret the existence and purport
of all such document and matters as may be disclosed to them except as provided
in sub-section (3). The Commissioner shall be bound to make known and disclose
to the said committee all writings and matter within his knowledge or under his
control or otherwise available to him and included within the said requisition.
The said Committee having taken cognizance of the information, writings and
matters so laid before it shall determine by a majority of votes, whether or
not the whole or any part, and which part if any of such matters ought to be
disclosed to the Corporation or kept secret for a defined time. Such decision
shall be conclusive and shall be reported to the Corporation at the next
ordinary meeting thereof. At such meeting the Commissioner when called on to do so by
the Corporation, shall produce any document and make any report or statement
that may be required in order to give effect to the decision of the Committee. The
exercise or performance by any municipal authority of any power conferred or
duly imposed by or under this Act which is likely to involve expenditure shall,
except in any case specified in the proviso to Section 94 be subject to the
following conditions, namely :-- (a) such expenditure, so far as it is to be incurred in
the financial year in which such power may be exercised or duty performed,
shall have been provided for under a current budget grant; and (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, liability for such expenditure
shall not be incurred without the sanction of the Corporation. [220][(1) Contracts by or on behalf of the Corporation
shall be expressed to be made by the Commissioner in accordance with the
following provisions :-- (a) every such contract shall be made on behalf of the
Corporation by the Commissioner; (b) no such contract for any purpose which, in
accordance with any provision of this Act, the Commissioner may not carry out
without the approval or sanction of some other municipal authority, shall be
made by him until or unless such approval or sanction has been duly obtained; (c) the Mayor-in-Council, the Mayor and the
Commissioner may sanction any estimate or contract (including technical and
administrative) involving such amount, as may be prescribed : Provided
that whenever the amount of sanction exceeds, ten times of the amount which is
prescribed for sanction by each of the aforesaid authorities it shall be
reported by each such authority to the next superior authority i.e. by
Commissioner to the Mayor, by the Mayor to the Mayor-in-Council and by
Mayor-in-Council to the Corporation; (d) all other estimates or contracts shall be
sanctioned by the Corporation. (2) The
manner and procedure for giving contract shall be such as may be prescribed. (3) The
Corporation, in order to take assistance in technical or other matters, may
engage the services of a qualified consultant. The qualifications of the consultant and the procedure for
the appointment of such consultant shall be subject to rules made in this
behalf.] [221][***] [222][***] All
property movable and immovable and all interest of whatsoever nature or kind
therein, vested in the Municipality of a City to which the provisions of this
Act are applied [223][x
x x] with all rights of whatsoever description used, enjoyed, or possessed by
the said municipality shall on such application vest in the Corporation of the
city constituted under this Act. (1) All property, endowments and funds belonging to any
public institution with the management, control and administration of which the
Corporation is charged under the provisions of this Act or of any other
enactment for the time being in force, shall vest in the Corporation in trust
for the purposes to which such property, endowments and funds may lawfully be applied. (2) The Corporation may with the sanction of the
Central Government, transfer to Central Government every property, endowments
and funds so vested in it in trust under sub-section (1): Provided
that no trust of public rights subject to which such property, endowments and
funds are held shall be affected by such transfer. (1) Whenever it is provided by this Act that the
Commissioner may acquire or whenever it is necessary or expedient for any
purpose of this act that the Commissioner shall acquire, any immovable
property, such property may be acquired by the Commissioner on behalf of the
Corporation by agreement on such terms and at such rates or prices, or at rates
or prices not exceeding such maxima, as shall be approved by the [224][Mayor-in-Council],
either generally for any class of cases or specially in particular case. (2) Whenever under any provision of this Act the
Commissioner is authorised to agree to pay the whole or any portion of the
expenses of acquiring any immovable property, he shall do so on such terms, and
at such rates or prices, or at rates or prices not exceeding such maxima, as
shall have been approved by the [225][Mayor-in-Council]
: Provided
that no agreement for the acquisition of any immovable property under
sub-section (1) or (2) at a price exceeding one thousand rupees shall be valid until such
agreement has been approved by the Corporation. (3) The Commissioner may, on behalf of the Corporation
acquire by agreement any easement affecting any immovable property vested in
the Corporation and the provisions of sub-sections (1) and (2) shall apply to
such acquisition. (1) Whenever the Commissioner is unable under Section
78 to acquire by agreement any immovable property or any easement affecting any
immovable property or whenever any immovable property or any easement affecting
any immovable property vested in the Corporation is required for the purposes
of this Act, the Government may in its discretion upon the application of the
Commissioner made with the approval of the [226][Mayor-in-Council]
order proceedings to be taken for acquiring the same on behalf of the
Corporation as if such property or easement were land needed for a public
purpose within the meaning of the Land Acquisition Act, 1894 [227][x
x x]. (2) The amount of the compensation awarded and all
other charges incurred in the acquisition of any such property or easement
shall, subject to all other provisions of this Act, be forthwith paid by the
Commissioner and thereupon the said property or easement shall vest in the
Corporation. (3) When any land is required for a new street or for
the widening or improving of an existing street, the Commissioner may proceed
to acquire, in addition to the land to be occupied by the street, the land
necessary for the sites of the building to be erected on both sides of the
streets, and such land shall be deemed to be required for the purposes of this
Act. [228][(1) Where any immovable property or any right in
or over any such property is claimed by or on behalf of the Corporation or by
any person as against the Corporation, it shall be lawful for the Collector
after formal enquiry, of which due notice has been given, to pass an order
deciding the claim. (2) The
Corporation or any person aggrieved by an order passed by the Collector under
sub-section (1) may, notwithstanding anything contained in any law for the time
being in force, within one year from the date on which the Corporation or such
person had due notice of such order institute a suit in any competent Civil
Court to set-aside such order to claim a relief consistent therewith. (3) If any
such suit is instituted after the expiration of one year from the date on which
the notice of such order has been given, such suit shall be dismissed although
limitation has been set up as a defence. (4) The
Collector may, by general or special order delegate the powers conferred on him
under this section to a Deputy Collector subordinate to him. (5) The
formal enquiry referred to in this section shall be conducted in accordance
with the provisions of the Madhya Pradesh Land Revenue Code, 1959 (20 of 1959). (6) A person
shall be deemed to have had due notice of an enquiry or order under this
section if notice thereof has been given in accordance with the provisions of
the Madhya Pradesh Land Revenue Code, 1959 (20 of 1959). [229][(1) No streets, lands, public places, drains or
irrigation channels shall be sold, leased or otherwise alienated, save in
accordance with such rules, as may be made in this behalf.] (2) Subject
to the provisions of sub-section (1)-- (a) the Commissioner may, in his discretion, grant a
lease of any immovable property belonging to the Corporation, including any
right of fishing or of gathering and taking fruit, flowers and the like, of
which the premium or rent, or both, as the case may be, does not exceed five
hundred rupees for any period not exceeding twelve months at a time : Provided
that every such lease granted by the Commissioner, other than the lease of the
class in respect of which the [230][Mayor-in-Council]
has by resolution exempted the Commissioner from compliance with the
requirements of this proviso, shall be reported by him to the [231][Mayor-in-Council]
within 15 days after the same has been granted; (b) with the sanction of the [232][Mayor-in-Council],
the Commissioner may by sale or otherwise grant a lease of immovable property
including any such right as aforesaid, for any period not exceeding three years
at a time of which the premium or rent or both, as the case may be, for any one
year does not exceed three thousand rupees; (c) with the sanction of the Corporation the
Commissioner may lease, sell or otherwise convey any immovable property
belonging to the Corporation. (3) The
Commissioner may-- (a) in his discretion dispose of by sale, letting out
on hire or otherwise, any movable property belonging to the Corporation not
exceeding five hundred rupees in value; (b) with the sanction of [233][Mayor-in-Council],
dispose of by sale, letting out on hire, or otherwise any movable property
belonging to the Corporation not exceeding five thousand rupees in value; (c) with the sanction of the Corporation, sell, let out
on hire or otherwise convey any movable property belonging to the Corporation. (4) The
sanction of the [234][Mayor-in-Council]
or of the Corporation under sub-section (2) or sub-section (3) may be given
either generally for any class of cases or specifically in any particular case. (5) The
foregoing provisions of this section shall apply to every disposal of property
belonging to the Corporation made under or for the purpose of this Act : Provided
that-- (i) no property vesting in the Corporation in trust
shall be leased, sold or otherwise conveyed in a manner that is likely to
prejudicially affect the purpose of the trust subject to which such property is
held; (ii) no land [235][value
of which may be prescribed] shall be sold or otherwise conveyed without the
previous sanction of the Government and every sale, or other conveyance of
property vesting in the Corporation shall be deemed to be subject to the
conditions and limitations imposed by this Act or by any other enactment for
the time being in force. A
covenant concerning any immovable property for the purposes of this Act entered
into with the Corporation by the owner of such property or by any person to
whom such property of the Corporation has been transferred by sale or exchange
shall be enforceable by the Corporation against any person deriving title under
the covenant or notwithstanding that the Corporation is not in possession of or
interested in any immovable property for the benefit of which the covenant was
entered into, in like manner and to the like extent as it has been possessed of
or interested in such property. [236][(1) The nazul lands transferred to the Corporation
by the Government shall be managed in accordance with the bye-laws made by the
Corporation with the previous approval of the Government. (2) The
Corporation may, with the previous approval of the Government from time to
time, add to, vary or rescind the bye-laws made under sub-section (1)]. [237][(1)] Subject to any special reservation made or to
any special conditions imposed by the Government, all property of the nature
hereinafter in this section specified and situated within the city, shall vest
in and be under the control of the Corporation, and with all other property which
has already vested, or may hereinafter vest in the Corporation shall be held
and applied by it for the purposes of this Act, namely: (a) all public gates, markets, slaughter-houses, manure
and night-soil deposits and public buildings of every description which have
been constructed or maintained out of the municipal fund; (b) all public streams, rivers, springs, and works for
the supply, storage and distribution of water for public purposes and all bridges, buildings, engines, materials
and things connected therewith or appertaining thereto, and also any adjacent
land (not being private property) appertaining to any public tank or well; (c) all public sewers and drains, and all sewers,
drains, culverts and watercourses in or under any public street or constructed
by or for the Corporation along side any public street, and all works,
materials and things appertaining thereto; (d) all dust, dirt, dugs, ashes, refuse, animal matter,
or filth or rubbish of any kind, or dead bodies, of animals, collected by the
Corporation from the streets, houses, privies, sewers, cesspools or elsewhere
or deposited in places fixed by the Corporation; (e) all public lands, lamp-posts and apparatus
connected therewith or appertaining thereof; (f) all land or other property transferred to the Corporation
by the Government or acquired by gift, purchase or otherwise for local public
purposes; (g) all public streets, not being land owned by the
Government and the pavements, stone and other material thereof and also trees
growing on, and erections, materials, implements and things provided for such
streets; (h) all open lands which are neither the property of
any person nor of the Government. [238][(2) All property such as tank, playground, park,
garden and other places meant for public utility vested in the Corporation
shall neither be used for any other purpose nor be permitted to use for any
other purpose by the Corporation.] [239][(1)] The Corporation shall maintain a register and
a map of all immovable property of which it is the proprietor or which vests in
it otherwise or which it holds in trust for the Government. [240][(2) The Commissioner, after having demarcated
every land, building, establishment and plant etc. in the ownership of the
Corporation, shall arrange to affix therein the boards showing that the said
property is in the ownership of the Corporation. (3) The
Commissioner at each year in the budget meeting of the Corporation shall
publish the details of all immovable property of the Corporation and send its
copy along with the agenda to the members. (4) The
Commissioner shall, from time to time, in order to save from encroachment on
the property of the Corporation inspect and take action to remove the
encroachment if found.] [241][The State Government may prescribe the manner in
which the record of the Corporation shall be maintained and kept in custody and
also the manner and the procedure subject to which record shall be destroyed.] The
Government may resume any immovable property transferred to the Corporation by
itself or by any local authority, where such property is required for a public
purpose, without payment of any compensation other than the amount paid by the
Corporation for such transfer and the market value at the date of resumption of
any building or works subsequently erected or executed thereon by the
Corporation : Provided
that compensation need not be paid for buildings or works constructed or
erected in contravention of the terms of the transfer. (1) The management, control and administration of every
public institution maintained out of the municipal fund shall vest in the
Corporation. (2) When any public institution has been placed under
the direction, management and control of the Corporation, all property,
endowment and funds belonging thereto shall be held by the Corporation in trust
for the purposes to which such property, endowments and funds were lawfully
applicable at the time when the institution was so placed : Provided
that the extent of the independent authority of the Corporation in respect of
any such institution may be prescribed by the Government : Provided
also that nothing in this section shall be held to prevent the vesting of any
trust property in the treasurer of Charitable Endowments under the Charitable
Endowments Act, 1890. There
shall be one Municipal Fund and it shall be held by the Corporation in trust
for the purposes of this Act, subject to the provision therein contained. (1) There shall be credited to the Municipal Fund-- (a) all moneys received by or on behalf of the Corporation
under the provisions of this Act or of any other law for the time being in
force or under any contract; (b) the balance standing to the credit of the
Municipality of the city for which the Corporation is constituted; (c) all proceeds of the disposal of property by, or on
behalf of the Corporation; (d) all rents accruing from any property of the
Corporation; (e) all moneys raised by any tax levied for the
purposes of this Act; (f) all fees payable and levied under this Act, or any
rules or bye-laws made thereunder; (g) all fines imposed by a Court under this Act or any
rules or bye-laws made thereunder or under any other Act, the administration of
which is entrusted to the Municipal Corporation; (h) all moneys received by way of compensation or for
compounding offences under the provisions of this Act; (i) all moneys received by, or on behalf of the
Corporation from the Government, public bodies, private bodies or private
individuals by way of grant or gift or deposits; (j) all interests and profits arising from any investment
or from any transaction in connection with any money belonging to the
Corporation; and (k) all loans raised by the Corporation. (2) Nothing in this section or in the last foregoing
section shall in any way affect any obligations accepted by or imposed upon the
municipality concerned, by any declarations of trust executed by or on behalf
of the Municipality or by any scheme settled under the Charitable Endowments
Act, 1890, for the administration of the Trust. All
the moneys from time to time credited to the municipal fund shall be applied in
the following order of preference-- Firstly,
in making due provisions for the repayment of all loans payable by the
Corporation under the provisions of Chapter IX. Secondly,
in discharge of all liabilities imposed on the Corporation by Section 3. Thirdly,
in payment of all sums, charges and costs necessary for the purposes specified
in Sections 66 and 67 and for otherwise carrying this Act into effect, or of
which the payment shall be duly or directly sanctioned under any of the
provisions of this Act inclusive of-- (a) the expenses of every election of Councillors held
under this Act; (b) the salaries, allowances and contributions to
pensions and leave salaries of the Commissioner and of any other officer whose
services may at the request of the Corporation be placed by the Government at
the disposal of the Corporation; (c)
the
salaries and allowances of municipal officers and servants and all pensions,
gratuities, contributions and compassionate allowances payable under the
provisions of this Act; (d)
the
salaries and fees of experts for service or advice in connection with any
matter arising out of the administration or undertaking of the Corporation; (e)
all
expenses and costs incurred by the Corporation or by any Municipal Officer on
behalf of the Corporation 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 Corporation is required or empowered to pay by way of compensation; (f) every sum payable-- (i) by order of the Government or under an award made
under the Arbitration Act, 1940; (ii) under a decree or order of a civil or criminal
Court passed against the Commissioner; (iii) under the compromise of any suit or other legal proceeding
or claim; (g) contributions to public institutions functioning in
the interest of the inhabitants of the City; (h) the cost of auditing the municipal accounts. The
Corporation may constitute such special funds as are prescribed by [242][bye-laws]
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 by [243][bye-laws]. All
moneys payable to the credit of the Municipal Fund shall be received by the
Commissioner and shall be forthwith deposited with the Municipal treasury. The
Municipal Commissioner shall deposit with the Government treasury or any
scheduled or Co-operative Bank in the State any surplus funds with the
Municipal treasury which may not be required for the current charges. (1) Subject to provisions of Section 419 no payment
shall be made by any Bank or society as aforesaid out of the municipal fund
except upon a cheque signed in the prescribed manner. (2) Payment of any sum due by the Corporation not
exceeding one hundred rupees in amount, may be made in cash. (3) Except in the case of salaries, allowances,
pensions, muster payments, advances and imprest money which may be made in cash
payment of any sum due by the Corporation
exceeding one hundred rupees in amount shall be made by means of a cheque
signed as provided in sub-section (1), and not in any other way. Notwithstanding
anything contained in Section 90 or 91, the Commissioner, with the previous
approval of the [244][Mayor-in-Council]
may, from time to time remit any portion of the municipal fund to a bank or
other agency approved by the Government and carrying on business at any place
beyond the city at which it may be desirable for the Corporation to have funds
in deposit; and any money payable to the credit of or chargeable against the
municipal fund which may, in the opinion of the Commissioner, be most
conveniently paid into or out of the account of the Corporation at any such
bank or agency may be so paid. Surplus
money at the credit of the municipal fund, which cannot immediately or at an
early date be applied to the purposes of this Act or of any loan raised
thereunder, may from time to time be deposited in any bank or co-operative
society approved by the Government or may be invested in public securities. Except
as hereinafter provided, no payment of any sum shall be made out of the
municipal fund unless the expenditure of the same is covered by a current
budget grant and a sufficient balance of such budget grant is still available
notwithstanding any reduction or transfer thereof which may have been made
under Section 99 or 100: Provided
that the following items shall be excepted from this prohibition, namely :-- (a) sums of which the expenditure has been sanctioned
by the [245][Mayor-in-Council]; (b) refunds of taxes and other moneys which the
Commissioner is by this Act authorised to make; (c) repayments of moneys belonging to contractors or
other persons held in deposit and of money collected or credited to the
municipal fund by mistake; (d) sums which the Commissioner is by this Act or any
other enactment required or empowered to pay by way of compensation; (e) sums payable in any of the circumstances mentioned
in clause (f) of Section 88; (f) expenses incurred by the Corporation in the
exercise of the powers conferred on it by Section 285; (g) costs incurred by the Commissioner under clause (c)
of subsection (3) of Section 69; Expenditure
by the Corporation out of the municipal fund shall, save as otherwise provided
by this Act, be made within the city only, but may, by a resolution of the
Corporation, supported by not less than half the total number of [246][elected
Councillors] be made outside the city for any of the purposes of this Act. Whenever
any sum is expended by the Commissioner under clause (d), (e) or (g) of the
proviso to Section 94, he shall forthwith communicate the circumstances to
the [247][Mayor-in-Council] which
shall take such action under Section 99 or recommend to the Corporation to take
such action under Section 100 as shall, in the circumstances, appear lawful and
expedient for covering the amount of the additional expenditure. (1) The Commissioner shall, on or before the 30th day
of November, each year, have prepared and lay before, the [248][Mayor-in-Council],
in such form as the Committee shall from time to time approve-- (a) an estimate of the expenditure which must or
should, in his opinion, be incurred by the Corporation in next [249][financial
year] from the municipal fund including-- (i) the re-payment of all loans or instalments thereof
with interest thereon which fall due during the [250][financial
year]; (ii)
the
discharge of liabilities imposed on the Corporation by sub-section (1) of
Section 3; (iii)
cash
balance at the end of the said year of not less than such sum as may be
prescribed by the Government; (iv)
the
amounts, if any, which should in his opinion be credited to or expended from
special fund; (b) an estimate of all balances, if any, which will be
available for appropriation or expenditure at the commencement of the next
financial year; (c) an estimate of the Corporation's receipts and
income for the next [251][financial
year] other than from taxation; (d) an estimate of the receipts of existing taxation; (e) a statement of proposals as to the taxation which
it will, in his opinion be necessary or expedient to impose under the
provisions of this Act in the next [252][financial
year] and an estimate of the receipts from such taxation. Explanation.--The balance, if any, available in any special fund
shall not be deemed to be available for re-appropriation or expenditure at the
commencement of the next [253][financial
year] under clause (b) except in relation to expenditure which may be met from
such fund under the [254][bye-laws]
and the Commissioner may determine whether the whole or any part of such
balance shall be taken into account as available for such expenditure at the
commencement of the next [255][financial
year]. (2) The [256][Mayor-in-Council]
shall, on or as soon as may be after 30th day of November, consider the budget
estimate prepared by the Commissioner and made such modifications and additions
thereto as it shall think fit and submit the same to the Corporation not later
than the 15th day of January. The
Corporation may on or before the 15th day of February, after considering
the [257][Mayor-in-Council's]
proposals in this behalf, refer the budget estimates back to the [258][Mayor-in-Council]
for further consideration or adopt the budget estimates or any revised budget
estimates submitted to it, either as they stand or subject to such
alterations [259][as
it deems expedient and shall submit copies of the budget as adopted by it to
the Government for information] : Provided
that the budget estimates finally adopted by the Corporation shall fully
provide for each of the matters specified in sub-clauses (i) and (iii) of
clause (a) of sub-section (1) of Section 97 : Provided further that if the budget estimates are
not finally adopted by the Corporation on or before the 31st day of March, the
estimates recommended by the [260][Mayor-in-Council]
shall be deemed to be the budget estimates finally adopted by the Corporation,
until the estimates are so adopted : [261][Provided also that if in the opinion of the State
Government the conditions of indebtedness of any Corporation is such that it is
desirable to have control of the Government over its budget, the Government may
direct that the budget of such Corporation shall be subject to the sanction of
the Government and the power to vary or alter budget grants under Sections 99
and 100 shall be subject to such conditions as may be prescribed by rules.] (1) The [262][Mayor-in-Council]
may, from time to time, during the financial year reduce or transfer the amount
or a portion of the amount of one budget grant to the amount of any other
budget grant under the same major head in the budget estimates : Provided
that-- (a) due regard shall be had when making any such reduction
or transfer to all the requirements of this Act; (b) every such reduction or transfer shall be brought
to the notice of the Corporation at its next meeting. (2) If and such reduction or transfer is of an amount
exceeding five hundred rupees, the Corporation may pass with regard thereto
such order as it thinks fit, and it shall be incumbent on the [263][Mayor-in-Council]
and the Commissioner to give effect to the said order. The
Corporation may from time to time during the financial year, transfer the
amount or a portion of the amount of one budget grant from one major head to
another in the budget estimate, or 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 in such a way as to
bring the estimated cash balance at the close of the year below the amount
fixed under sub-clause (iii) of clause (a) of sub-section (1) of Section 97. (1) If at any time during the financial year it appears
to the Corporation that, notwithstanding any reduction of budget grants that
may have been made under Section 99, the income of the municipal fund during
the same year will not suffice to meet the expenditure sanctioned in the budget
estimates of that year it shall be incumbent on the Corporation forthwith to
sanction any measure which they may consider necessary for proportioning the
year's income to the expenditure. (2) For the purposes of sub-section (1), the
Corporation may either diminish the sanctioned expenditure of the year, so far
as it may be possible so to do with due regard to all the requirements of
this act, or have recourse, subject to the conditions and limitations
prescribed by this Act, to supplementary taxation or to an increase of the
rates, or adopt all or any of those methods. (3) Whenever the Corporation determines to have
recourse to such supplementary taxation, it may do so by increasing, for the
unexpired portion of the said year, the rates at which any tax imposed under
this Act is being levied, or by adding to the number of articles, if any, on
which a cess on imports is being levied, but every such increase or addition
shall be made subject to the limitations and conditions prescribed in regard to
such tax or cess. (1) Subject to the provisions of Section 104 of this
Act, the Corporation in pursuance of a resolution passed at a special meeting
convened for the purpose may, by the issue of debentures or otherwise on the
security of the immovable property vested in the Corporation or of all or any
taxes, duties, tolls, cesses, fees and dues authorised by this Act or of both
the immovable property and all or any tax, duties, tolls, cesses, fees and dues
raise a loan of any sum which may be required-- (i)
for
the construction of works under this Act; or (ii)
for
the acquisition of land for the purposes of this Act; or (iii)
for
the payment of a loan raised under this Act or any other loan or debt for the
re-payment of which the Corporation is liable; or (iv)
generally
for carrying out the purposes of this Act, including the advance of loans
authorised thereunder : Provided
that-- (i)
no
loan shall be raised for the construction of any work other than a permanent
work, which expression shall include any work of which the cost should in the
opinion of the Government be spread over a term of years; (ii)
no
loan shall be raised without the previous sanction of the Government; (iii)
the
terms upon, the period within and the method by which the loan is to be raised
and repaid, shall be subject to the approval of the Government; and (iv)
the
period within which the loan is to be repaid shall in no case exceed fifty
years. (2) When any sum of money has been borrowed under
sub-section (1)- (i) no portion thereof shall, without the previous
sanction of the Government, be applied to any purpose other than that for which
it was borrowed; and (ii) no portion of any sum of money borrowed under
clause (i) of sub-section (1) shall be applied to the payment of salaries or
allowances of any municipal officers or servants, other than those who are
exclusively employed upon the works for the construction of which the money was
borrowed : Provided
that with the previous sanction of the Government, part of the salaries or
allowances of any municipal officer or servant employed in part upon the
construction of such work may be paid out of the sum so borrowed. (3) The amount of the loan, the period within which it
shall be repaid, and the term upon and the method by which the loan is to be
raised and repaid shall be notified in the Gazette by the Government. (1) Notwithstanding anything contained in Section 102
whenever the borrowing of any sum has been sanctioned under that section, the
Corporation may, instead of borrowing such sum or any part thereof from the
public or any member thereof, take credit on such terms as may be sanctioned by
the Government from any bank on a cash account to be kept in the name of the
respective Corporation to the extent of such sum or part, and with the previous
sanction of the Government, may grant mortgages of all or any of the property
vested in the Corporation by way of securing the repayment with interest of the
amount of such credit or of the sums advanced from (sic) time on such cash
account. (2) The provisions of sub-section (3) of Section 102
shall apply to such sum or part. Notwithstanding
anything hereinbefore contained, the borrowing powers of the Corporation shall
be limited so that the sums payable under this Act shall not at any time exceed
together with the balances of all the outstanding loans and debts due by
Corporation in the whole, double the annual value of lands and buildings in the
city as defined in Section 138. (1) All debentures issued under this Act shall be in
such form as the Corporation may with the previous sanction of the Government
prescribe. (2) The holder of any debenture in any form prescribed
under sub-section (1) may obtain in exchange therefor, upon such terms as the
Corporation may determine, a debenture in any other form so prescribed. (3) Every debenture issued by the Corporation under
this Act shall be transferable in such a manner as shall be therein expressed. (4) The right to be paid the money secured by any of
such debentures and to sue in respect thereof shall vest in the holders thereof
for the time being, without any preference by reason of some of such debentures
being prior in date to others. All
coupons attached to the debentures issued under this Act shall bear the
signatures of the Chairman of the [264][Mayor-in-Council]
and the Commissioner on behalf of the Corporation; and such signatures may be
engraved, lithographed or impressed by any mechanical process. Notwithstanding
anything contained in Section 45 of the Indian Contract Act, 1872-- (1) When 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 : Provided
that nothing in this sub-section shall affect any claim by the legal
representative of a deceased person against such survivor or survivors. (2) When two or more persons are joint holders of any
debenture or security issued under this Act, any one of such person may give an
effectual receipt for any interest or dividend payable in respect of such
debenture or security unless notice to the contrary has been given to the Corporation
by any other of such persons. (1) When a debenture issued under this Act is alleged
to have been lost, stolen, or destroyed either wholly or in part and a person
claims to be the person to whom but for the loss, theft or destruction it would
be payable, he may, on application to the Commissioner, and on producing proof
to his satisfaction of the loss, theft or destruction and of the justice of the
claim obtain from him an order-- (a) if the debenture alleged to have been lost, stolen
or destroyed is payable more than six years after the date of publication of
the notification referred to in sub-section (2)-- (i) for the payment of interest in respect of the
debenture pending the issue of a duplicate debenture; and (ii) for the issue of a duplicate debenture payable to
the applicant; or (b) if the debenture alleged to have been lost, stolen
or destroyed is payable not more than six years after the date of publication
of the notification referred to in sub-section (2)-- (i) For the payment of interest in respect of the
debenture without the issue of a duplicate debenture; and (ii) for the payment to the application of the principal
sum due in respect of the debenture on or after the date on which the payment
becomes due. (2) An order shall not be passed under sub-section (1)
until after the issue of such notification of the loss, theft, or destruction
of the debentures as may be prescribed by the Corporation, and after the
expiration of such period as may be prescribed by the Corporation nor until the
applicant has given such indemnity as may be required by the Corporation
against the claims of all persons deriving title under the debenture lost,
stolen or destroyed. (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. (4) If at any time before the Corporation becomes
discharged under the provisions of Section 111 from liability in respect of any
debenture the whole of which is alleged to have been lost, stolen, or destroyed,
such debenture [265][is
found], any order passed in respect thereof under this section shall be
cancelled. (1) A person claiming to be entitled to a debenture
issued under this Act may, on applying to the 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 Commissioner, obtain a
renewed debenture payable to the person applying. (2) Where there is a dispute as to the title to a
debenture issued under this Act in respect of which an application for renewal
has been made, the Commissioner may-- (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; (b) refuse to renew the debenture until such a decision
has been obtained; or (c) after such inquiry as is hereinafter provided and
on consideration of the result thereof, declare by order in writing which of
the parties 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. 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. (3) For the purposes of the inquiry referred to in
sub-section (2), the Commissioner may himself record, or may request any
magistrate of the first class or record or to have recorded, the whole or any
part of such evidence as the parties may produce. The Magistrate to whom such
request has been made may himself record the evidence or may direct any
Magistrate subordinate to him to record the evidence and shall forward the
record of such evidence to the Commissioner. (4) The Commissioner or any Magistrate acting under
this section may, if he thinks fit, record evidence on oath. (1) When a renewed debenture has been issued under
Section 109 in favour of any person the debenture so issued shall be deemed to
constitute a new contract between the Corporation and such person and all
persons deriving title thereafter through him. (2) No such renewal shall affect the rights as against
the Corporation of any other person to the debenture so renewed. When
the duplicate debenture has been issued under Section 108, or when a renewed
debenture has been issued under Section 109 or when the principal sum due on a
debenture in respect of which an order has been made under Section 108, for the
payment of the principal sum without the issue of a duplicate debenture has
been paid on or after the date on which such payment became due, the
Corporation shall be discharged from all liability in respect of the 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 :-- (a) in the case of 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 108 or from the date of the last payment of
interest on the original debenture whichever is later; (b) in the case of a renewed debenture after the lapse
of six years from the date of the issue thereof; and (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 (3) of
Section 108. Notwithstanding
anything contained in section 109, the Commissioner may in any case arising
thereunder :-- (1) issue a renewed debenture upon receiving such
indemnity in favour of the Corporation and the Commissioner as he shall think
fit against the claims of all persons claiming under the original debenture; or (2) refuse to issue a renewed debenture unless such
indemnity is given. Every
loan raised by the Corporation under Section 102, shall be repaid within the
time approved under proviso (iii) to sub-section (1) of the said section and by
such of the following methods as may be approved, namely :-- (a) by payment from a sinking fund established under
Section 114 in respect of the loan; or (b) by equal payments of principal and interest; or (c) by equal payments or principal; or (d) in the case of a loan, borrowed before this Act
comes into force by the method which was in operation for the repayment of such
loan; or (e) from any sum borrowed under Section 102 (1) (iii);
or (f) partly from the sinking fund established under
Section 114 in respect of the loan and partly from money borrowed For the
purpose under Section 102 (iii). Whenever
the repayment of a loan from sinking fund has been sanctioned under proviso
(iii) to sub-section (1) of Section 102 the Corporation shall establish such
fund and shall pay into it on such dates as may have been approved under the
said proviso, such sum as will with accumulation of compound interest, be
sufficient, after payment of all expenses, to pay off the loan at the time
approved : Power
to discontinue payment into the sinking fund.--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 at the time approved, then with the
permission of the Government, further payment into such fund may be
discontinued. (1) Notwithstanding anything contained in this Act, the
Corporation may consolidate all or any of its loans, or any part of a loan and
for that purpose may invite tenders for a new loan to be called "The
Corporation Consolidated Loan" and invite holders of municipal debentures
to exchange their debentures for script of such loan. (2) The terms of every such consolidated loan and the
rates at which exchange into a consolidated loan shall be permitted shall, save
in the case of a loan granted by the Government, be subject to the previous
approval of the Government. (3) Save in the case of a loan granted by the
Government, the period for the extinction of any such consolidated loan shall
not, without the sanction of the Government extend beyond the furthest date
within which any of the loans to be consolidated would otherwise be repayable. (4) The Corporation shall establish a sinking fund for
the repayment of every such consolidated loan. (5) The provisions of Section 114 shall apply to each
sinking fund established under sub-section (4) : Provided
that, in calculating the sum to be paid into any such sinking fund in pursuance
of Section 114, any sum transferred to that fund in pursuance of the proviso to
Section 118, shall be taken into account. (1) All money paid into a sinking fund shall, as soon
as possible be invested by the Corporation in :-- (a) Government securities; or (b) securities guaranteed by Government; or (c) municipal debentures of the City, and shall be held by the Corporation for the
purpose of repaying from time to time the debentures issued by it. (2) All dividends 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). (3) Money standing to the credit of two or more sinking
funds may, at the discretion of the Corporation, be invested in a common fund,
and it shall not be necessary for the Corporation to allocate the securities
held in such investment among the several sinking funds. (4) When any part of a sinking fund is invested in
municipal debentures 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 manner laid down in sub-section (1). (5) Any investment made under this section may from
time to time subject to the provisions of sub-section (1) be varied or
transferred from one sinking fund to another : Provided
that the former sinking fund shall be increased by a sum equal to the sum taken
for purposes of transfer to the latter sinking fund. (1) For the purpose of investing any portion of the
municipal fund, including the sinking funds, the Corporation may reserve and
set apart for issue at par, to and in the name of Corporation, any portion of
the debentures to be issued on account of any loan, provided that the intention
to reserve and set apart such debentures shall have been notified as a
condition of the issue of the loan. (2) The issue of any such debentures to the Corporation
as aforesaid shall not operate to extinguish or cancel such debentures, but
every debenture so issued shall be valid in all respect as if issued to and in
the name of any other person. (3) The purchase by, or the transfer, assignment or
endorsement to, the Corporation, of any debenture issued by the Corporation,
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. Until
any loan is wholly repaid, the Corporation shall not apply the sinking fund
established in respect of that loan to any purpose other than the repayment of
that loan : Provided
that when any loan or part thereof, is consolidated under Section 115, the
Corporation shall transfer to the sinking fund established for such
consolidated loan, the sum standing to the credit of the sinking fund of the
original loan, or if part only of a loan is consolidated, then such part of the
sum standing to the credit of sinking fund of the original loan as is
proportionate to the amount of the original loan which is incorporated in the
consolidated loan. In
the case of all loans raised by the municipality before the provisions of this
Act are made applicable to a city, the following provisions shall apply :-- (i) if, when the loans were raised they were made
repayable from sinking funds, the Corporation shall establish sinking funds for
the repayment of the loans and shall pay into the funds such sums, on such
dates as may have been fixed when the loans were raised; (ii) all securities and cash held by the Municipality in
sinking fund, if any, established for the repayment of such loans, shall be
transferred to the Corporation and shall be held by it as part of the sinking
funds established under clause (i); (iii) the provisions of Section 114 shall apply to such
sinking funds; (iv) if, when any such loans were raised, the loans were
made repayable by equal payments of principal or by annual drawings, the
Corporation shall make such payments or annual drawings on such dates and in
such manner as may have been fixed when the loans were raised; (v) the provisions of Section 121 shall apply to such
loans. (1) All sinking funds established under this Act shall
be subject to annual examination by the auditor who shall satisfy himself that
the provisions of Section 118 are being complied with and that the cash and the
current value of the securities belonging 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. (2) The Corporation shall forthwith pay into any
sinking fund any sum by which the auditor may certify the fund to be deficient,
unless the Government by general or special order sanctions a gradual
readjustment. (3) 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 auditor shall certify the amount of such excess sum and the
Corporation may thereupon transfer the excess sum to the municipal fund. (4) If any dispute arises as to the accuracy of any
certificate given by the auditor accounts under sub-section (2) or (3) the
Corporation may after making the payment or transfer, refer the matter to the
Government whose decision shall be final. (1) If any money borrowed by the Corporation, or any
interest, of costs due in respect thereof, is not repaid according to the
conditions of the loan, the Government if it has itself given the loan may, and
in other cases shall, on the application of the lender, attach the municipal
fund in whole or in part. (2) After such attachment no person except an officer
appointed in this behalf by the Government shall, in any way, deal with the
attached fund, but such officer may do all acts in respect thereof, which any
municipal authority, officer or servant might have done if the attachment had
not taken place, and may apply the proceeds in satisfaction of the arrears and
of all interest and costs due in respect thereof, and of all expenses
incidental to the attachment and subsequent proceedings : Provided
that no such attachment shall defeat or prejudice any debt for which the fund
or part thereof attached as previously pledged in accordance with law, but all
such debts shall be paid out of the proceeds of the attached fund or part,
before any part of the proceeds is applied to the satisfaction of the debt in
respect of which such attachment is made. If
the Corporation fails to make any payment as required by sub-section (2) of
Section 120. the Government may attach the Municipal Fund or any part thereof,
and the provisions of sub-section (2) of Section 121 shall, with all necessary
modifications, be deemed to apply. (1) The Commissioner shall at the end of each year
prepare a statement showing-- (a) the amount and date of borrowing of loans raised by
the Corporation which are outstanding and the annual loan charges; (b) in the case of every loan for which a sinking fund
has been established under Section 114. the accumulation in the sinking fund at
the close of the year, showing separately the amount paid to the credit of the
fund in the year; (c) the loans repaid during the year and in the case of
loans repaid in installments or by annual drawings, the amounts repaid during
the year and the balance due at the close of the year; (d) the particulars of securities in which the sinking
fund have been invested or which have been reserved for the investment of these
funds. (2) Every such statement shall be laid before a meeting
of the Corporation and a copy of such statement shall be sent to the Government. [266][The provisions of the law relating to loans by
local authorities in force in the region in which the Corporation is situate
shall apply to all loans borrowed by such Corporation so far as the said
provisions are not inconsistent with the provisions of this Act.] [267][Accounts of receipts and expenditure of the
Corporation shall be kept in such manner and in such form as may be prescribed
by the State Government.] The
Corporation shall, as soon as the accounts of the past year have been finally
passed by it, transmit to the Government, the accounts in such forms as the
Government may from time to time direct. (1) The Commissioner shall as soon as may be after the
first day of April, in each year, cause to be prepared a detailed report of the
Municipal administration of the city during the previous year, together with a
statement showing receipt and disbursement credited and, debited to the
Municipal Fund during the previous financial year and the balance at the credit
of the Fund at the close of the said Financial year. (2) The Commissioner shall thereafter forward the
report and statement to the Corporation and to the Government. (1) The Commissioner shall draw up a monthly abstract
of the receipts and expenditure of the preceding month and such abstract shall
be examined and signed by the [268][auditor
appointed by the Corporation]. The Commissioner shall submit such abstract to
the [269][Mayor-in-Council] before
the end of the next month. (2) For this purpose the [270][Mayor-in-Council]
shall have access to all the municipal accounts and to all records and
correspondence relating thereto and the Commissioner shall forthwith furnish to
the [271][Mayor-in-Council] any
explanation concerning receipts and disbursements which it may call for. There
shall be an auditor specially appointed by the Government to examine and audit
accounts of the Corporation. The auditor shall from time to time examine and
audit accounts in accordance with the arrangements approved by the Government
in this behalf. (1) The auditor shall-- (a) report to the [272][Mayor-in-Council]
any material impropriety or irregularity which he may at any time observe in
the expenditure or in the recovery of money due to the Corporation or in the
municipal accounts; (b) [273][Omitted] (2) The [274][Mayor-in-Council]
shall cause to be laid before the Corporation every report made by the auditor
to the [275][Mayor-in-Council] and
every statement of the views of the auditor on any matter affecting the
pursuance and exercise of the duties and powers assigned to him under this Act
which the auditor may require the [276][Mayor-in-Council]
to place before the Corporation, together with a report stating what orders
have been passed by the [277][Mayor-in-Council]
upon such report or statement, and the Corporation may take such action in
regard to the matters aforesaid as the Corporation may deem necessary. (3) As soon as may be after the commencement of
each [278][financial year] the
auditor shall deliver to the [279][Mayor-in-Council]
a report upon the whole of the municipal accounts for the previous [280][financial
year]. (4) The Commissioner shall cause the said report to be
printed and forward a copy thereof to each councilor along with the printed
copy of the Administration Report and Statement of Accounts referred to in
Section 127. [281][Notwithstanding anything contained in this Act,
the Corporation shall arrange for Social Audit in such manner as may be
prescribed by the State Government.] (1) The Corporation, the [282][Mayor-in-Council]
or the Commissioner, as the case may be, shall forthwith remedy any defects or
irregularities that may be communicated by the auditor and shall send report to
the Government of the action taken by the Municipal authority concerned: Provided
that if there is a difference of opinion between the municipal authority and
the auditor, or if the municipal authority does not remedy any defect or
irregularity within a period considered by the auditor to reasonable the matter
shall be referred to the Government within such time and in such manner as may
be prescribed, and the Government may pass such orders thereon as it thinks
fit. The orders of the Government shall be final and the Municipal authority
shall take action in accordance therewith. (2) If within any period fixed an order made by the
Government under sub-section (1), the Municipal authority concerned fails to
comply with such order, the provisions of Section 419 shall, with all necessary
modifications, be deemed to apply as if such order had been issued under
Section 418. [283][(1) The Corporation shall, at its first meeting in
each financial year or as soon as may be at any meeting subsequent thereto,
constitute a Municipal Accounts Committee. (2) The
Municipal Accounts Committee shall consist of seven members to be elected by
the elected Councilors of the Corporation from amongst themselves 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.
The members of Mayor-in-Council shall not be eligible for such election. (3) The members
of the committee shall elect from amongst themselves one member to be its
Chairman. (4) Subject
to the provisions of sub-section (1) the members of the Municipal Accounts
Committee shall hold office until a new committee is constituted. [284][(5) Municipal Accounts Committee shall consider
the report of the auditor, appointed under Section 129, in respect of accounts
of the Corporation and submit the same to the Corporation along with its
views.] (6) [285][***] (7) The
manner of transaction of business of the Municipal Accounts Committee shall be
such as may be prescribed.] [286][(1) For the purpose of this Act, the Corporation
shall, subject to any general or special order which the State Government may
make in this behalf, impose in the whole or in any part of the Municipal Area,
the following taxes, namely :-- (a) a lax payable by the owners of buildings or lands
situated within the city with reference to the gross annual letting value of
the buildings or lands, called the property tax, subject to the provisions of
Sections 135, 136 and 138; (b) a water tax, in respect of lands and buildings to
which a water supply is furnished from or which are connected by means of pipe
with municipal water works; (c) a general sanitary cess, for the construction and
maintenance of public latrines and for removal and disposal of refuse and
general cleanliness of the city. (d) a general lighting tax, where the lighting of
public streets and places is undertaken by the corporation; (e) a general fire tax, for the conduct and management
of the fire service and for the protection of life and property in the case of
fire; (f) a local body tax on the entry of such goods as may
be declared by the State Government by notification in the Official Gazette into
the municipal area for consumption, use or sale therein at a rate not exceeding
four percent of the value of goods : Provided
that no local body tax shall be levied on the goods :-- (i) brought by a person into the municipal area for his
personal use or consumption; or (ii) brought by a registered dealer within the municipal
area and transmitted within 15 days thereof-- (a) to a registered dealer in any other local body; or (b) in the course of export out of the territory of
India; or (c) in the course of inter-state trade outside the
state. (iii) specified in the Schedule to the Madhya Pradesh
Sthaniya Kshetron Me Mal Ke Pravesh Par Kar Adhiniyam, 1976 (No. 52 of 1976). (2) Notwithstanding
anything contained in clause (1) of sub-section (1) if in the opinion of the
State Government it is expedient to do so, it may delegate the power to the
Corporation to declare the goods on which local body tax shall be levied and
the rates thereof. (3) The mode
of assessment and collection of the local body tax shall be such as may be prescribed. (4) The
water tax under clause (b) of sub-section (1) shall be charged :-- (a) on buildings and lands which are exempted from
property tax, at a rate as shall be determined by the Corporation, [287][x
x x]. (b) on buildings and lands which are not exempted from
property tax, at a [288][x
x x] rate as determined in clause (a) plus such percentage of the property tax.
as shall be determined by the Corporation : [289][Provided that the water tax under clause (b) of
sub-section (1), shall not be levied on building and land owned by freedom
fighters during their life time, if they are exempted from Income Tax and the
water connection is for domestic purpose and which does not exceed half inch
connection. (5) The
taxes under clauses (c), (d) and (e) of sub-section (1) shall be levied at a
consolidated rate as under :-- (a) on buildings and lands which are exempted from
property tax at a rate as determined by the corporation [290][x
x x] [291][(b) on buildings and lands which are not exempted
from property tax at a rate prescribed under clause (a) plus such percentage of
the property tax as may be determined by the Corporation.] (6) In
addition to the taxes specified in sub-section (1), the Corporation may, for
the purpose of this Act, subject to any general or special order which the
State Government may make in this behalf, impose any of the following taxes,
namely :-- (a) a latrine or conservancy tax payable by the
occupier or owner upon private latrines, privies or cesspools or open premises
or compounds cleansed by Corporation agency; (b) a drainage tax, where a system of drainage has been
introduced; (c) a tax on persons exercising any profession or art
or carrying on any trade or calling within the city; [292][(d-e) x x x] (f) fees on
the registration of cattle sold within the city; (g) market
dues on persons exposing goods for sale in any market or in any place belonging
to or under the control of the Government or of the Corporation; (h) a
betterment tax on properties whose value may have improved as a result of town
planning scheme undertaken by the Corporation; (i) a tax
on pilgrims resorting periodically to a shrine within the limits of the
Corporation; (j) a tax
on persons occupying houses, buildings or lands within the limits of the
Corporation according to their circumstances and property; (k) a toll
on new bridge constructed by the Corporation; (l) a lax
on advertisements other than advertisements published in newspapers; (m) a tax on theatres, theatrical performances and
other shows for public amusement; (n) a
terminal tax on goods or animals exported from the limits of the Corporation; and (o) any
other tax which the State Government has power to impose under the Constitution
of India, with the prior approval of the State Government. (7) Subject
to the provisions of Article 277 of the Constitution of India, any tax which
immediately before the commencement of the Madhya Pradesh Municipal Corporation
Law (Extension) Act, 1960 (No. 13 of 1961) was being lawfully levied by the
Corporation, may notwithstanding that such tax is not specified in sub-section
(1) or (6), continue to be levied by the Corporation. (8) The
imposition of any tax under this section shall be subject to the provisions of
this Act and of any other enactment for the time being in force. (9) [293][***] (10) Notwithstanding
anything contained in this Chapter, the corporation may impose upon properties
specified in clause (a) of Section 136, all or any of the taxes specified in
clauses (b), (c) and (d) of sub-section (1) and clause (b) of sub-section (6)
at a rate, in excess of the rate at which such tax is imposed, on other
properties under the respective clauses, as the Slate Government may, by
notification, specify]. (1) The Corporation may, by a resolution, at the time of
final adoption of the budget estimates for the next financial year, subject to
the provisions of this Act and subject to such limitations and conditions, as
may be prescribed by the State Government in this behalf-- (a) impose any of the taxes or fees specified in this
Act; or (b) increase the rates of taxes or fees already
imposed., (2) The resolution as referred to in sub-section (1)
shall contain : (a) in case of imposition of any tax or fees, the
provisions under which such tax or fee is being imposed, class of persons or
description of property to be taxed, the amount or rate of tax or fee being
imposed, system of assessment and collection to be adopted and the date from which imposition of such
tax or fee shall take effect; (b) in case of increase of rate of any tax or fee, the
prevailing rate of such tax or fee, the proposed increased rate of such tax or
fee and the date from which increase of rate of such tax or fee shall take
effect. (3) The resolution, as passed, shall be conclusive
evidence of the imposition of a new tax or fee, or increase of rate of any tax
or fee, as the case may be : Provided
that if the Corporation decides to have supplementary taxation during the
financial year, it may do so from such date as the Corporation may resolve,
subject to the provisions of this Act and subject to such limitation and
conditions, as may be prescribed by the State Government in this behalf. (4) Nothing contained in this section shall apply to
tax mentioned in clause (a) of sub-section (1) of Section 132, which shall be
charged and levied in accordance with Section 135.][294] [295][(1) The duty imposed by the Indian Stamp Act, 1899
(II of 1899) on instruments of sale, gift and usufructuary mortgage,
respectively of immovable property, shall in the case of instruments affecting
immovable property situated within the limits of any Corporation and executed
on or after the date on which provisions of this Act are made applicable to
such limits be increased by [296][one
per centum] on the value of the property so situated, or in the case of an
usufructuary mortgage on the amount secured by the instrument, as set forth in
the instrument.] (2) For the
purpose of this section, Section 27 of the Indian Stamp Act, 1899 (II of 1899),
shall be read as if it specifically required the particulars referred to
therein to be set forth separately in respect thereof :-- (a) property situated in the Corporation area; (b) property not situated in the Corporation area. (3) The
State Government shall every year pay to each Corporation from the Consolidated
Fund of the State a grant-in-aid approximately equal to the extra duty realised
under sub-section (1) in respect of the property situated within the area of
each such Corporation after making such deductions on account of cost of
collection as the State Government may determine. (4) The
State Government may make rules for carrying out the purposes of this section.][297] [298][Whenever it appears to the Stale Government that
the balance of Municipal Fund of any Corporation or its revenue is insufficient
for the discharge of its duties or obligatory functions imposed upon it under
the Act or for meeting the expenditure to be incurred under Section 418 or for
the performance of any duties in respect of which it shall have been declared
under Section 419 to have committed default, the State Government after giving
a notice of fifteen days to the corporation and to the local public in a
prescribed manner may require the Corporation to impose within the Municipal
area any tax which it is empowered to impose under Section 132 or to enhance
any existing rate of tax in such manner or to such extent as the State
Government considers fit, and the Corporation shall forthwith proceed to impose
or enhance in accordance with the requisition such tax under the provisions of
this Chapter, as if a resolution of the Corporation had been passed for the
purpose under Section 133 : Provided
that :-- (a) the State Government shall take into consideration
any objection which the Corporation or any inhabitant of the Municipal area may
make against the imposition or enhancement of such tax; (b) it shall not be lawful for the Corporation to
abandon or modify or to abolish such tax when imposed, without the sanction of
the State Government; (c) the State Government may, at any time by
notification, abolish or reduce the amount or rate of any tax levied or
enhanced under this section and the levy of the tax or the enhancement except
as to arrears thereto for accrued due, shall there upon cease or be modified
accordingly.] A
Municipal tax may be recovered by one or more of the following processes or in
accordance with the [299][bye-laws]
made for the purpose : (1)
by
presenting a bill; (2)
by
serving a written notice of demand; (3)
by
distraint and sale of movable property of the person concerned; (4)
by
attachment and sale of his immovable property; (5)
in
the case of octroi and toll, by the attachment and sale of goods and vehicles; (6)
in
the case of property tax, by the attachment of rent due in respect of the
property; (7) by a suit. Act - THE PROPERTY TAX Imposition of Property Tax [300][(1) Notwithstanding anything contained in this
Act, the tax under clause (a) of sub-section (1) of Section 132 shall be
charged, levied and paid, at the rate not less than six percent and not more
than ten percent of the annual letting value, as may be determined by the
Corporation for each financial year] : [301][Provided that if the Corporation fails to
determine the rate of the property tax by 31st March the rate as prevailing
during the previous financial year shall be deemed to be the rate for current
financial year.] [302][The property tax levied under Section 135 shall
not be leviable in respect of the following properties, namely :-- (a) buildings and lands owned by or vesting in-- (i)
the Union Government; (ii) the State Government; (iii) the Corporation; [303][(b) buildings and lands the annual value of which
does not exceed six thousand rupees in case of Municipal area having population
of one lac or above and four thousand eight hundred rupees in case of Municipal
area having population below one lac] : Provided
that if any such building or land is in the ownership of a person who owns any
other building or land in the same city, the annual value of such building or
land shall for the purposes of this clause, be deemed to be the aggregate
annual value of all buildings or lands owned by him in the city; (c) buildings
and lands or portions thereof used exclusively for educational purposes
including schools, boarding houses, hostels and libraries if such buildings and
lands or portions thereof are either owned by the educational institutions
concerned or have been placed at the disposal of such educational institutions
without payment of any rent; (d) public
parks and playgrounds which are open to the public and building and land
attached thereto if the rent derived therefrom is exclusively spent for the
administration of parks and playgrounds to which they are attached; (e) buildings
and lands or portions thereof used exclusively for public worship or public
charity such as mosques, temples, churches, dharmashalas, gurudwaras,
hospitals, dispensaries, orphanages, alms houses, drinking water fountains,
infirmaries for the treatment and care of animals and public burial grounds, or
other places for the disposal of the deal: Provided
that the following buildings and lands or portions thereof shall not be deemed
to be used exclusively for public worship or for public charity within the
meaning of this section, namely :-- (i) buildings in, or lands on, which any trade or
business is carried on unless the rent derived from
such buildings or lands is applied exclusively to religious purposes or to
public charitable institutions aforesaid; (ii) buildings or lands in respect of which rent is
derived and such rent is not applied exclusively to religious purposes or
public charitable institutions aforesaid; (f) buildings
and lands owned by widows or minors or persons subject to physical disability
or mental infirmity owning to which they are incapable of earning their
livelihood, where the main source of maintenance of such widows or minors or
persons is the rent derived from such buildings and lands : Provided
that such exemption shall relate only to the first [304][twelve
thousand rupees] of the annual value of such buildings and lands.] [305][(g) buildings and lands owned by freedom fighters,
retired members of Defence Services and their widows during their life time if
they are exempted from income tax;] [306][(h) buildings and lands owned by blind persons,
abandoned women and mentally incapacitated persons if sufficient proof is
produced in this behalf and if the main source of their maintenance is the rent
derived from such buildings and lands.] [307][(i) buildings and lands in occupation of owner for
his residence shall be exempted from property tax to the extent of fifty
percent.] [308][(j) the Electric pole erected by the Madhya
Pradesh Electricity Board or its successor companies.] [309][(k) property owned by such political party in the
State which has been recognised by the Election Commission of India.] (1) Notwithstanding anything contained in Sections 135
and 136, the Corporation may, if it thinks fit, direct by resolution that a
discount not exceeding [310][six
and a quarter per cent] shall be allowed on the amount due from every person who
pays the tax due before such date as the Corporation shall fix : [311][Provided that the discount shall be allowed at the
same rate to all persons entitled thereto.] (2) The Corporation may at any time revoke a resolution
under this section. [312][(1) Notwithstanding anything contained in this Act
or any other law for the time being in force, the annual letting value of any
building or land, whether revenue paying or not, shall be determined as per the
resolution of the Corporation adopted in this behalf, [313][on
the basis of per square meter of the [314][built
up area] of a building or land, as the case may be] taking into consideration
the area in which the building or land is situated, its location, situation,
purpose for which it is used, its capacity for profitable user, quality of
construction of the building and other relevant factors and subject to such
rules, as may be made by the State Government in this behalf. [315][(1-a) The Commissioner shall prepare the draft
resolution under sub-section (1) for the next financial year and submit before
the Corporation before 31st December of each financial year. In case the
Corporation fails to adopt the resolution as required by sub-section (1) by
31st March of each financial year then the draft resolution prepared by the
Commissioner shall be presented to the Mayor and the resolution as approved by
the Mayor shall be deemed to be the resolution finally adopted by the
Corporation : Provided
that if the Mayor does not approve the draft resolution prepared by the
Commissioner by 30th April of the current financial year, then the draft
resolution as prepared by the Commissioner shall be deemed to be the resolution
finally adopted by the Corporation.] (2) On the
basis of the resolution adopted by the Corporation under sub-section (1), every
owner of land or building shall assess the annual letting value of his land or
building and deposit the amount of property tax along with a return in this
behalf, in the prescribed form, on or before the date fixed by the Corporation,
failing which a surcharge at the rate, as may be determined by the Corporation,
shall be charged. (3) The
variation up to ten percent on either side in the assessment made under
sub-section (2) shall be ignored. In cases where the variation is more than ten
percent, the owner of land or building, as the case may be, shall be liable to
pay penalty equal to five times the difference of self assessment made by him
and the assessment made by the Corporation. (4) An appeal
shall lie to the [316][Mayor-in-Council]
against the orders passed under sub-section (3)]. The
Commissioner may, by written notice, require the occupier of any land or
building to furnish him within fifteen days with the name and address of the
owner of such land or building. When
any building or land is let to two or more persons holding in severalty, the
Assessing Authority may, for the purpose of assessing, or revising the
assessment list or amending a current assessment list for such building or land
to the property taxes, either treat the whole thereof as one property, or with
the written consent of the owner of such building or land, treat each several
holding therein or any two or more of such several holdings together, or each
floor or flat, as a separate property and a building or land so treated as a
single property shall, for the purposes of property tax, be deemed to be a
single tenement. (1) The property tax charged and levied upon any land
or building under Section 135, shall be paid primarily by the owner thereof. (2) The property tax charged and levied on the owner
may also be recovered from any occupier of the land or building under the
circumstances, in the manner and to the extent as is provided in this Act or
may be provided under the bye-laws or rules made thereunder][317]. (1) The Corporation may, if it thinks fit, employ any
person to determine the annual value of lands and buildings in accordance with
the principles laid down in Section 138. (2) Any person so employed shall have power, at all
reasonable times and
after giving due notice, and on production, if so required of authorisation in
that behalf from the Commissioner, to enter on, survey and value any land or
building within the City which the Commissioner may direct him to survey and
value. (3) If any person wilfully delays or obstructs any
person in the exercise of any of his powers under this section, he shall be
liable to a fine not exceeding [318][one
thousand rupees] [319][(1) The annual value of any land or building
situated within the city as determined under the Madhya Pradesh Nagariya
Sthawar Sampatti Kar Adhiniyam, 1964 (No. 14 of 1964) or the rules made
thereunder, and in force for the purpose of that Act immediately before the 1st
day of April, 1976 shall be deemed to be the annual value for the assessment of
property tax on such land or building under this Act, until such time as the
Commissioner makes a fresh valuation and determines annual value under this Act
of the land and buildings therein and the annual value of such land or
buildings shall remain unchanged for a period of one year and may be revised
thereafter by the Commissioner at the termination of successive period of one
year]. (2) The
Commissioner may, instead of making a new assessment every year, adopt the
existing assessment, with such alteration as he thinks fit, as the assessments
for each new year, giving to persons affected by such alterations the same
notice of the altered valuation and assessment as would have been required if a
new assessment had been prepared. (3) The
Commissioner shall arrange for a survey for the purposes of assessment of each
part of the City at least once in five years save for the omission, with the
previous consent of the [320][Mayor-in-Council],
of any small areas which might be more conveniently re-assessed in a subsequent
year. (1) To enable him to prepare the assessment list, the
Commissioner may, by written notice, require the owner or occupier of any land
or building or any portion thereof to furnish him within such reasonable period
as the Commissioner may fix, with information or with a written return signed
by such owner or occupier-- (a) as to the name and place of abode of the owner or
occupier, or of both the owner and occupier of such land or building; and (b) as to the measurement or the gross annual rent or
revenue or the description or other specified details or the actual cost or
estimated market value of such land or building. (2) Every owner or occupier from whom any such
requisition is made shall be bound to comply with the same and to give true
information or to make a true return to the best of his knowledge or belief. (3) Whoever omits without reasonable cause to comply
with such requisition, or furnishes a return which is untrue, shall in addition
to any other punishment to which he may be liable, be precluded from objecting
to any assessment made by the Commissioner in respect of such land or building
of which he is the owner or occupier. (1) When the valuation under Section 143 of the lands
and buildings in any ward has been completed, the Commissioner shall cause the
respective valuations to be entered in a list and give public notice of the
place where such list may be inspected. (2) Time for filing complaints against valuation.--The
Commissioner shall at the same time and in the same manner, give public notice
of a date, not being less than thirty days from the publication of such notice
by which objections to the amount of any annual value or other particulars
entered in the assessment list may be delivered at his office. The
Commissioner shall, in all cases in which any land or building is for the first
time valued, or in which the valuation of any land or building previously
valued is increased under Section 143 give special notice thereof, to the
occupier of the same, and when the valuation is so increased, the said notice
shall contain a statement of grounds of the increase. (1) Any person dissatisfied with a valuation made under
this chapter may deliver at the municipal office a written notice stating the
grounds of his objection to such valuation. (2) Such notice shall be delivered on or before the
date fixed in this behalf in the public notice referred to in Section 145 or
146. (1) All such objections shall be entered in a register
to be maintained for the purpose and, on receipt of any objection, the
Commissioner shall give a notice in writing to the objector of the time and
place at which his objection will be investigated. (2) At the time and place so fixed the Commissioner
shall hear the objection, in the presence of the objector or his authorised
agent if he appears, or may, for reasonable cause, adjourn the investigation. (3) When the objection has been determined, the order
passed on such objection shall be recorded in the said register and, if
necessary, an amendment made in the assessment list in accordance with the
result of the objection. (1) If any dispute arises as to the liability of any
land or building to assessment or as to the basis or principle of assessment or
as to the amount of tax assessed, an appeal shall lie from the decision of the
Municipal Commissioner to the District Court, whose decision shall be final. (2) Such appeal shall be presented to the District
Court within thirty days from the date of the order passed under Section 148
and shall be accompanied by an extract from the register of objections
containing the order objected to. (3) The provisions of Parts II and III of the Indian
Limitation Act, 1908, relating to appeals shall apply to every appeal preferred
under this section. (4) No appeal shall be admitted under this section
unless an objection has been preferred under Section 148. (5) Effect shall be given by the Municipal Commissioner
to the decision of the District Court. (6) Pendency of an appeal under this section shall not
operate to delay or prevent the levy of any tax or installment thereof payable
in respect of any building or land according to the order of assessment under
appeal but, if by the final decision in the appeal it is determined that such
tax or installment ought not to have been levied in whole or in part, the
Commissioner shall refund to the person from whom the same has been levied, the
amount of such tax or installment, or the excess thereof over the amount
properly leviable in accordance with such final decision as the case may be. (1) Every valuation made by the Commissioner under
Section 143 shall subject to the provisions of Sections 148 and 149, be final. (2) Every order passed by the Commissioner under
Section 148 shall, subject to the provisions of Section 149, be final. (1) The annual value fixed under this chapter shall be
entered in one or more registers to be kept ward wise or in any other manner
for the purpose wherein shall be recorded :-- (a) the serial number of each set of premises; (b) the description of each set of premises; (c) the name and place of abode of the owner and the
name of the occupier; (d) the amount of the valuation; (e) the amount payable on account of the property tax; (f) any exemption granted from payment of the said tax;
and (g) such other particulars as the Commissioner may
direct. (2) The particulars mentioned in sub-section (1) may be
contained in as many registers as the Commissioner may determine, which shall
together constitute the assessment list. (3) When the name of the owner or occupier of any
premises is not known it shall be sufficient to designate him in the said assessment
list as "the owner" or "the occupier", as the case may be. (1) When objections have been determined and appeals
disposed of and the entries required by Section 151 have been made, the
assessment list shall be authenticated by the Commissioner, who shall certify
under his signature that except in the cases in which amendments have been made
as shown therein, no valid objection has been made to the annual values entered
in the said list. (2) Thereupon the said assessment list shall, subject
to such alterations as may thereafter be made therein under the provisions of
sub-section (5), of Section 149 or of Section 153 be conclusive evidence of the
amount of property tax leviable on each land or building within the City in the
financial year to which the list relates. (1) The Commissioner may at any time amend the
assessment list by the inclusion, omission or substitution of any matter : Provided
that whenever he proposes to make any amendment in respect of any matter other
than the correction of an arithmetical total, he shall before making the
amendment, send notice thereof to persons interested and shall allow thirty
days to elapse for the making of any objection to the proposed amendment : Provided further that nothing in this sub-section
shall empower the Commissioner to vary the valuation of any premises determined
on appeal to the District Court. (2) If any amendment be made in respect of any matter
other than the correction of arithmetical total, any person on whom a notice is
served may object by a written application addressed to the Commissioner and
delivered at the Corporation Office before the date fixed in the said notice;
and the provisions of Sections 148 and 149 shall with all necessary
modifications apply to such objection. (3) When the erection of a new building is completed
after the completion of the assessment list, the Commissioner may add the
particulars of the building to the list, and in such case the provisions of
Sections 145, 147, 148, 149 and 152 shall apply, except that no public notice
shall be required. In such a case the assessment shall take effect from the
beginning of the quarter following the date on which the building is added to
the assessment list or from the date when it is occupied or let, if that is
earlier. (1) When an owner has furnished information or a
written return as provided by Section 144 he shall give notice in writing to
the Commissioner of any subsequent increase in the rent. (2) If an owner of any land or building or any portion
thereof has, after it has been assessed for the same, made any increase in the
rent thereof, he shall give notice in writing to the Commissioner of such
increase. (3) The Commissioner may on receipt of such notice as
to increase of rents amend the assessment list by altering the assessment of
such land or building or any portion thereof as provided for by Section 153. (1) When any building or any portion of a building
liable to the payment of property tax is demolished or removed otherwise than
by order of the Commissioner, the person liable for the payment of the said tax
shall give notice thereof, in writing, to the Commissioner. (2) Until such notice is given, the person aforesaid
shall be liable to pay every such property tax as he would have been liable to
pay in respect of such building if the same, or any portion thereof, has not
been demolished or removed. Whoever
fails to give notice of an increase of rent required by sub-sections (1) and
(2) of Section 154 or gives notice of an increase of rent which in substance is
untrue, shall in addition to any punishment to which he may be liable, be
precluded from objecting to any assessment made by the Commissioner in
consequence of such increase in respect of such building or land or any portion
thereof of which he is the owner. When
the valuation of any land or building is revised in consequence of an objection
made under Section 147 or an appeal is preferred under Section 149, the revised
valuation shall take effect from the quarter in which the first valuation would
have taken effect in the same manner and for the same period and subject to the
same conditions as the original valuation. When
an objection to a valuation has been made under Section 147 the property tax
shall, pending the final determination of the objection, be paid on the
previous valuation. If
upon the hearing of any objection or appeal from any valuation it is made to
appear to the Commissioner or the Appellate Authority, as the case may be, that
appellant has paid any sum or sums of money in consequence of assessment which
he ought not to have paid, the Commissioner or the Appellate Authority, as the
case may be, shall direct the excess payment to be refunded to the appellant. The
Commissioner shall furnish to any person who applies for it, a copy of the
valuation or assessment list for the time being in force or any extract from
any such list on payment of such sum as may be prescribed by [321][bye-laws]
by the Corporation, and the Commissioner or a person authorised by him in this
behalf shall, if required, certify the copy or extract in such manner as may be
prescribed. (1) No assessment and no charge or demand of any tax
under this Act shall be called in question or in any way affected by reason
of-- (a) any mistake-- (i) in the name, residence, place of business or
occupation of any person liable to pay the tax; or (ii) in the description of any property or thing liable
to the tax; or (iii) in the amount of tax assessed; or (b) any clerical error; or (c) any other defect of form. (2) For the purpose of assessing any tax on property
under this Act it shall suffice if the property is so described as to be
readily identifiable and the owner or occupier need not be named. (1) The Corporation may exempt from the payment of any
tax in whole or in part for any period not exceeding one year, any person who
by reason of poverty (sic) its opinion unable to pay the same, and may renew
such exemption as often as it may consider necessary. (2) Subject to the provisions of Section 135 the
Corporation may, with the sanction of the Government-- [322][(a) abolish, suspend or reduce the rate of any
tax]; or (b) exempt
from the payment of any such tax in whole or in part any person or any class of
persons or any property or class of property. (1) The Government may, after giving the Corporation an
opportunity of expressing its views, by order exempt from the payment of any
such tax in whole or in part any person or class of persons or any property or
description of property. (2) If at any time it appears to the Government, on a
representation made or otherwise, that any tax imposed by or under this Act is
unfair in its incidence or that the levy thereof or
of any part thereof is injurious to the interests of the general public, it
may, after giving the Corporation the opportunity of expressing its views,
require the Corporation to take within a specified period measures to remove
the objections; and, if within that period the requirement is not complied with
to the satisfaction of Government, the Government may by notification suspend
the levy of the tax or of such part thereof until the objection has been
removed. (1) Notwithstanding anything contained in this Act or
any other Act for the time being in force, the State Government may create an
Infrastructure Development Fund with a view to assist the Municipal Corporation
in developing the infrastructure. (2) The sources of the infrastructure fund and the
procedure and manner in which the amount from the fund shall be provided to
Municipal Corporation shall be such as may be prescribed. [323][***] (1) Every person shall on the demand of an officer duly
authorised by the Commissioner in this behalf, furnish such information as may
be necessary in order to ascertain whether such person is liable to pay any tax
under this Act and if so how much; and every hotel or lodging house keeper or
secretary of a residential club shall also, on demand as aforesaid, furnish a
list of all persons residing in such hotel, lodging-house or club. (2) If any person so called upon to furnish information
omits to do so or furnishes information which is untrue to his knowledge, he
shall be punishable with fine which may extend to [324][one
thousand rupees]. If
the occupier of any land or building neglects or refuses, without reasonable
cause, to comply with a notice served under Section 139 furnishes information
which is untrue to his knowledge he shall be punishable with fine which may
extend to [325][one
thousand rupees]. (1) Whenever the title in any land or building or in
any part or share of any land or building is transferred, the transferor and
the transferee shall, within three months of the registration of the deed of
transfer, or if it be not registered, within three months of the execution of
the instrument of transfer, or, if no such instrument be executed, after the
transfer is effected, give notice in writing of such transfer to the Commissioner. (2) Every person liable for the payment of a tax on any
property, who transfers his title to or over such property without giving
notice of such transfers to the Corporation as aforesaid, shall in addition to
any other liability which he incurs through such neglect, continue to be liable
for the payment of all such taxes payable in respect of the said property until
he gives such notice or until the transfer is recorded in the books of the
Corporation. (3) In the event of the death of the person in whom title
to any land or building or in any part or share of any land or building vests,
the person who as an heir or otherwise takes the title of the deceased by
descent or devise, shall, within three months from the death of the deceased,
give notice of his title to the Commissioner in writing. (4) Nothing in this section shall be deemed to affect
the liability of the heir or devise for the said taxes or to affect the prior
claim of the Corporation for the recovery of the taxes due thereupon. (5) (i) When any new building is erected, or when any
building is rebuilt or enlarged, or when any building which has been vacant is
re-occupied, the person primarily liable for the property taxes assessed on the
building shall within fifteen days give notice thereof in writing to the
Commissioner. (ii) The said period of fifteen days shall be
counted from the date of the completion or of the occupation, whichever first
occurs, of the building which has been newly erected or re-built, or of the
enlargement, as the case may be, and in the case of a building which has been
vacant, from the date of the re-occupation thereof. The
Commissioner may authorise any person to do the following acts at any time
between sunrise and sunset after giving twenty-four hours notice to the
occupier, or if there be no occupier, to the owner, of a building or land-- (1) to enter, inspect and measure any building for the
purpose of valuation; (2) to enter and inspect any stable, coach house or
other place where there is reason to believe that there is any vehicle or
animal liable to taxation under this Act or for which a licence has not been
duly taken out. Every
person bringing or receiving within the limits of the city any articles in
respect of which a toll or cess on imports payable shall, when required by an
officer or servant duly authorised by the Commissioner in this behalf and so
far as may be necessary for ascertaining the amount of tax chargeable-- (a) permit the officer or servant to inspect, examine,
weigh and otherwise deal with the article; and (b) communicate to the officer any information and
exhibit to him any bill, invoice or document of a like nature which such person
may possess relating to the article. (1) It" my person, bringing or receiving within
the prescribed limits of the city a conveyance or package on which a toll or
cess on import is believed to be leviable, refuses on the demand of an officer
or servant authorised by the Commissioner in this behalf to permit the officer
or servant to inspect, weigh or otherwise examine the contents of the
conveyance or package for the purpose of ascertaining whether it contains any
article in respect of which a toll or cess on imports is payable, or refuses to
communicate to the officer any information or to exhibit to him any bill,
invoice or document of a like nature which he may possess relating to the
article, or with the intention of defrauding the Corporation, communicates
false information or exhibits any false, forged, or fraudulent bill, invoice or
document of a like nature, he shall re punished with a fine which may extend
either to ten times the duty leviable on the articles or to [326][one
thousand rupees] whichever may be greater. (2) Any such person may demand that the conveyance or
package or both as the case may be, shall be taken without unnecessary delay
before the Commissioner or a person appointed by him for this purpose, who
shall cause the inspection to be made in his presence. If
animals or articles passing the limits of the Corporation are liable to the
payment of a toll or cess on imports, then every person who, with intention to
defraud the Corporation, causes or abets the introduction of, or himself
introduces or attempts to introduce within the said limits, any such animals or
article upon which payment of the toll or cess on imports due on such
introduction has neither been made nor rendered, shall be punishable with fine
which may extend either to ten times the value of such toll or cess or imports
or to [327][one thousand rupees]
whichever may be greater. (1) When the Corporation, with the sanction of the
Government has agreed with a Government Authority or the committee of an
adjoining Municipality [328][a
Notified Area Committee constituted under the Municipal Law] that in
consideration of the payment of the lump-sum or otherwise, the same limits for
cess on imports or any toll or tax shall be established for the contracting
parties, the Corporation may fix limits by bye-laws so as to include so much of
the area controlled by the said contracting parties as it may deem necessary,
and shall have the powers of collecting such toll or cess on imports on animals
or articles brought Witten such limits, and the provisions of this Act for the assessment and collection of such tax
or toll or cess on imports shall apply in the same way as if the said limits
were wholly comprised in the jurisdiction of the Corporation. (2) The total of the proceeds of such taxes or tolls
made in the joint area of the Corporation and Committee or Municipality or
Notified Area and the cost thereby incurred shall be apportioned between the
Municipal Fund and the fund subject to the control of the cantonment authority [329][or
the Municipal authority] in such proportion as shall have been determined by
the agreement. (1) When any amount declared by or under the provisions
of this Act to be recoverable in the manner provided in this chapter, or
payable on account of any tax imposed within the limits of the city shall have
become due, the Commissioner shall with the least practicable delay cause to be
presented to any person liable for the payment thereof a bill for the sum
claimed as due. (2) Contents of bill.— Every such bill shall specify-- (a) the period for which; and (b) the property, occupation or thing in respect of
which the sum is claimed, and
shall also give notice of-- (i) the liability incurred in default of payment; and (ii) the time within which an objection may be preferred
as against such claim. (1) If the sum, for which a bill is presented as
aforesaid, is not paid and no objection has been preferred within 15 days from
the presentation of the bill, the Commissioner may serve upon the person to
whom such bill has been presented a notice of demand in the [330][form
prescribed by bye-laws]. (2) For every notice of demand a fee shall be charged
at the rate specified in the bye-laws and shall be payable by the said person,
and the fee shall be included in the costs of recovery. (1) If the person on whom a notice of demand is served
under sub-section (1) of Section 174 does not, within thirty days of the
service of such notice-- (a) pay the sum demanded in the notice; or (b) show-cause to the satisfaction of the Commissioner
why he should not pay the same; or (c) prefer
an appeal in accordance with the provisions of Section 184 against the demand, such sum with all costs of recovery may be
recovered under a warrant in the [331][form
prescribed by bye-laws] signed by the Commissioner-- (i) by distress and sale of the movable property
belonging to such person; (ii) by attachment and sale of the immovable property
belonging to him : Provided
that, where any precautionary or other measures in respect of any such property
have been taken by the Government for the recovery of any sum claimed by it, no
proceedings shall be taken or continued under this chapter in respect of such
property until the Government's claim has been paid off. (2) Where the property is within the limits of the
city, the warrant shall be addressed to an officer of the Corporation and where
the property is outside the limits, to the Collector of the district concerned
: Provided
that the officer to whom the warrant is addressed may endorse such warrant to a
subordinate officer. (3) For every warrant issued under this section, fee
shall be charged at the rates specified in the bye-laws and the said fee shall
be included in the costs of recovery. The
Corporation may in its discretion remit the whole or any part of any fee
chargeable under sub-section (2) of Section 174 or sub-section (3) of Section
175. The
officer charged with the execution of a warrant of distress issued under
Section 175 may if authorised by a general or special order in writing by the
Commissioner, between sunrise and sunset break open any outer or inner door or
window of a building in order to levy distress-- (a) if he has a reasonable ground for believing that
such building contains property which is liable to such distress; and (b) if after notifying his authority and purpose and
duly demanding admittance, he cannot otherwise obtain admittance : Provided
that such officer shall not enter or break open the door, window of any
apartment appropriated to the use of women until he has given the women a
reasonable opportunity to withdraw. Any
officer charged with the execution of a warrant of distress issued under
Section 175 shall, if authorised by the warrant, distrain whenever it may be found,
any movable property or attach any immovable property of the person named in
the warrant subject to the following conditions, namely :-- (a) the following property shall not be distrained-- (i) the necessary wearing apparel, cooking utensils and
bedding of the defaulter and members of his family; (ii) the tools of artisans; (iii) when the defaulter is an agriculturist, his
implements of husbandry, seed, grain, and such cattle as may be necessary to
enable him to earn his livelihood; (b) the distress shall not be excessive, that is to
say, the property distrained shall be as nearly as possible equal in value to
the amount recoverable under the warrant, and if any property has been
distrained which, in the opinion of the Commissioner or of the person to whom
the warrant was addressed, should not have been so distrained, it shall
forthwith be returned to the person from whom it was distrained; (c) the officer shall on distraining the property
forthwith make in the presence of two witnesses an inventory of the property
which he distrains under such warrant, and shall at the same time give a
written notice in the prescribed form or in a form to the like effect along
with a copy of such inventory to the person in possession thereof at the time
of distraint that such property will be sold as therein mentioned; (d) when the property is immovable-- (i) the attachment shall be made by an order
prohibiting the defaulter from transferring or charging the property in any way
and all persons from taking any benefit from such transfer or charge; (ii) the order shall be proclaimed at some place on or
adjacent to the property by beat of drum or other customary mode, and a copy of
the order shall be affixed on a conspicuous part of the property and upon a
conspicuous part of the Corporation office, and also when the property is land
paying revenue to the Government, in the office of the Collector; (e) any transfer of or charge on the property attached
or any interest therein made subsequent to such attachment, and without the
written permission of the Commissioner shall be void as against all claims of
the Corporation enforceable under the attachment. (1) When the property seized is subject to speedy and
natural decay, or when the expense of keeping it in custody together with the
amount to be levied is likely to exceed its value, the Commissioner shall at
once give notice to the person in whose possession the property was, when
distrained, to the effect that it will be sold at once; and shall sell it
accordingly unless the amount named in the warrant is forthwith paid. (2) On the expiry of the time specified in the notice
served by the officer executing the warrant, the property distrained or
attached, or in the case of immovable property, a sufficient portion thereof,
if not sold at once under sub-section (1), may be sold by public auction under
the orders of the Commissioner, unless the warrant is suspended by him or the
sum due is paid by the defaulter together with all costs incidental to the
notice, warrant, distress, attachment or detention of the property, as the case
may be. (3) Where the sum due together with costs is paid by
the defaulter as aforesaid, any attachment levied on his property shall be
deemed to be removed and the property if movable shall be returned. (4) All sales of immovable property under this section
shall, so far as may be practicable, be regulated by the procedure laid down in
the rules made by the Government in that behalf. (5) After the sale of immovable property by auction as
aforesaid, the Commissioner shall put the person declared to be the purchaser
in possession of the same and shall grant him a certificate to the effect that
he has purchased the property to which the certificate refers. (6) No officer or servant in the service of the Corporation
or any councilor, during the term of his office, shall directly or indirectly
purchase any property at any such sale. (7) The sale proceeds or such part thereof as may be
sufficient shall be applied, first in discharge of any sum due to the
Government in respect of such property and secondly, in discharge of the sum
due to the Corporation and all such incidental costs as aforesaid. (8) The surplus proceeds shall be forthwith credited to
the Corporation and notice of such credit shall be given to the person in whose
possession the property was at the time of distraint or attachment. If such
person claims the surplus by written application to the Commissioner within
three years from the date of the notice given under this sub-section, the
Commissioner shall refund the surplus to him. (9) Any such surplus not so claimed shall be the
property of the Corporation. (1) Where a bill for any sum due on account of any
property tax is. served upon an occupier of premises pursuant to Section 391,
the Commissioner may at the time of service or at any subsequent time cause to
be served upon the occupier a notice requiring him to pay to the Corporation
any rent due or falling due from him to the person primarily liable for the
payment of the said tax to the extent necessary to satisfy the said sum due. (2) Such notice shall operate as an attachment of the
said rent until the said sum due on account of property tax shall have been
paid and satisfied, and the occupier shall be entitled to credit in account
with the person to whom the said rent is due for any sum paid by him to the
Corporation in pursuance of such notice. (3) If the occupier shall fail to pay to the
Corporation any rent due or falling due which he has been required to pay in
pursuance of a notice served upon him as aforesaid, the amount of such rent may
be recovered from him by the Corporation as if it were an arrear of property
tax under Section 391 [332][***], Where
the warrant is to be executed outside the limits of the City, the Commissioner
may by endorsement direct the person to whom the warrant is addressed to sell
the property distrained or attached; and in such case it shall be lawful for
such person to sell the property and to do all things incidental to the sale in
accordance with the provisions of Section 179 and to exercise the powers and
perform the duties of the Commissioner under sub-sections (1) and (2) of
Section 179 in respect of such sale except the power of suspending the warrant.
Such person shall after deducting all costs of recovery in current by him,
remit the amount recovered under the warrant to the Commissioner who shall
dispose of the same in accordance with the provisions of Section 179. The
fees for every notice or warrant issued and for the maintenance of any
livestock seized under this chapter shall be chargeable at the rates specified
in this behalf in the bye-laws of the Corporation and shall be included in the
cost of recovery to be levied under Section 175. (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
Commissioner shall have reason to believe that such person is about to leave
the limits of the City, the Commissioner may after recording such reasons, direct
the immediate payment by such person of such sum and cause a bill for the same
to be presented to him. (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 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 this chapter except that it shall not be
necessary to serve upon him any notice of demand and the Commissioner's warrant
for distress and sale may be issued and executed without any delay. (1) Appeals against any notice of demand issued under
sub-section (1) of Section 174 may be made to the Appeal Committee constituted
under Section 403 and in the manner prescribed therein : [333][Provided that the appeal shall not be entertained
unless the sum due under Section 174 is deposited in the Corporation and a copy
of the receipt is enclosed with the appeal memo.] (2) No such appeal shall be heard and determined
unless-- (a) a written objection has been made and determined in
accordance with the provisions of this Act; and (b) the amount claimed from the appellant has been
deposited by him in the Corporation office, and a receipt thereof has been
filed with a memo of appeal. All
sums due from any person in respect of taxes on any land or building shall,
subject to prior payment of any land revenue in respect of it due to the
Government be a first charge upon the said land or building and upon any
movable property found within or upon such land or building and belonging to
the said person : Provided
that no arrears of any such tax shall be recoverable from any occupier who is
not the owner. If such arrears are for a period during which the occupier was
not in occupation. For
every sum paid on account of any tax under this Act, a receipt shall be
tendered by the person receiving these payments, stating the sum and the tax on
account of which it has been paid. The
Commissioner may, with the previous approval of the [334][Corporation]
order to be struck off the books any sum due on account of any tax or of the costs
of recovering any tax, which may appear to him to be irrecoverable. (1) If any toll or cess import is not paid on demand,
the officer empowered to collect the same may seize any article on which the
cess on imports is chargeable, or any animal on which the toll is chargeable
for any part of the burden borne by such animal, sufficient value to satisfy
the demand. (2) The Commissioner after the lapse of five days from
the seizure and after the issue of a proclamation fixing the time and place of
sale, may cause any property so seized, or so much thereof as may be necessary,
to be sold by auction to satisfy the demand with the
expenses occasioned by the seizure, custody and sale thereof, unless the demand
and expenses are in the meantime paid : Provided
that, by order of the Commissioner, articles of a perishable nature which
cannot be kept for five days without serious risk of damage may be sold after
the lapse of such shorter time as he may think proper having regard to the
nature of the articles. (1) No objection shall be taken to any valuation or
assessment, nor shall the liability of any person to he assessed or taxed be
questioned in any other manner or by any other authority than as provided in
this Act. (2) The Government may make rules under this Act
regulating the refund of taxes and such rules may impose limitations of such
refunds. (3) No refund or any tax shall be claimed by any person
otherwise, than in accordance with the provisions of this Act and the
rules [335][and the bye-laws] made
thereunder. [336][Notwithstanding anything contained in this Act,
the Corporation may, by public auction or private contract lease the recovery
of any of the taxes and fees which may be imposed under this Act, subject to
the condition and limitation, if any, prescribed by the State Government in
this behalf.] Chapter XIII
- PUBLIC CONVENIENCE Municipal Drains For
the purpose of flushing and cleansing drains the Commissioner may construct or
set up such reservoirs, sluices, engines and other works as he may from time to
time deem necessary. The
Commissioner may cause all or any municipal drains to empty into any place,
whether within or without the limits of the Corporation, and may dispose of the
sewage at any place, whether within or without the limits of the Corporation,
and in any manner which he may deem suitable : Provided
that the Government may prohibit the Commissioner from causing any municipal
drains to empty into any place or from disposing of any sewage at any place or
in any manner, which it considers unsuitable. For
the purpose of receiving, storage, disinfecting, treating, purifying,
distributing or otherwise disposing of sewage the Commissioner may-- (a) construct any work within or without, the limits of
the Corporation; (b) purchase or take on lease any land, building,
engine, material or apparatus, either within or without the limits of the
Corporation; and (c) enter into an arrangements with any person, for a
period not exceeding three years, for the removal or disposal of sewage within
or without the limits of the Corporation. The
Commissioner may enlarge, arch over or otherwise improve any municipal drains
and may discontinue, close up or destroy any such drain which has, in his
opinion, become useless or unnecessary : Provided
that if, by reason of anything done under this section any person is deprived
of the lawful use of any drain, the Commissioner shall, as soon as may be,
provided for his use some other drains as effectual as the drain which has been
discointinued, closed up or destroyed. The
Corporation shall provide latrines and urinals for the use of the public at
such places as it may deem convenient and necessary. [337][(1) Where the Commissioner is of the opinion
that:-- (a) any drain, privy, latrine, urinal, absorption pit,
disposal work, cess pools or other receptacle for filth or refuse may be moved
or removed; (b) any privy or cess pool or addtional privies or cess
pools should be provided in or on any building or land or that in any Municipal
Corporation in which a water closet system has been introduced such water
closets should be substituted for the existing privies in or on any building of
land, or that additional water closet should be provided their in or thereon:
or (c) Pour-water flush latrines or any other type of
latrines should be substituted for the existing service latrines in any
building or on land within the limits of Corporation, he may, by written notice
call upon the owner or occupier of such building or land-- (i) in cases falling under clause (a) to move or remove
such drain, privy, latrine, urinal, absorption pit, disposal work, cess pools
or other receptacle for filth or refuse; (ii) in cases falling under clause (b) to provide such
privies, cess pools, or water closets; (iii) in cases falling under clause (c), to close service
latrines and provide in their place, pour water flush latrines or such other
types of latrines, as may be specified in the notices, at such sites and within
such period as may be specified in the notice or within such period as may be
extended by the Commissioner by order in writing.] (2) The
Commissioner may, by notice, require any person employing more than twenty
workmen or labourers to provide such latrines and urinals as he may think fit
and to cause the same to be kept in proper order and to be daily cleaned. (3) The
Commissioner may, by notice, require the owner or occupier of any building or
land to have any privy, latrine or urinal provided or the same shut out by a
sufficient roof and wall or fence from the view of persons passing, by or
dwelling in the neighbourhood, or to remove or alter, as he may direct any door
or trapdoor or other opening of a privy, latrine or urinal opening on to any
street or drain. [338][(4) The State Government may by order fix a period
within which the pour water flush or any other type of latrines shall be
substituted for the existing service latrines within the limits of a
Corporation. (5) If the
owner or occupier of a building or land inspite of service of notice or order
under this section fails to carry out the work mentioned therein within the
period specified in the notice or order, as the case may be, shall be punished
with a fine which may, extend to one thousand rupees and in case he does not
pay the fine with imprisonment which may extend to three months : Provided
that without prejudice to the right to take proceedings for punishment in
respect of the contravention of this section Commissioner may get the said work
done through his agency and recover the cost incurred in connection therewith,
from the owner or occupier thereof as the case may be, in the manner provided
in Chapter XII.] (1) The Commissioner may by notice, require the owner
or occupier of any building or land to repair, alter or put in good order any
private drain, privy, latrine, urinal, absorption pit, disposal work, cesspool
or receptacle for any filth or refuse, or to close or destroy any private
drain, privy, latrine, urinal, absorption pit, disposal work or cesspool belonging
thereto, or direct that such private drain shall, from such date as he
prescribes in this behalf, be used for offensive matter and sewage only, or for
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 private
drain for rain-water or for unpolluted sub-soil water or for offensive matter
and sewage. (2) No drain connecting any premises with a municipal
drain or other place set apart for the discharge for drainage may be closed,
discontinued or destroyed by the Commissioner under sub-section (1) except on
condition of his providing another drain equally effectual for the drainage of
the premises and communicating with such municipal drain or other place
aforesaid as the Commissioner thinks fit, and the expenses of construction of
any drain so provided by the Commissioner and of any work done under the
section shall be paid from the municipal fund. The
Commissioner may, by notice [339][may
construct any new drain, privy, latrine, urinal, absorption pit,] disposal
work, cesspool or receptacle for filth or refuse without his permission in
writing or contrary to his directions of the provisions of this Act or the
rules or bye-laws made thereunder or who may construct, rebuilt or open any
drain, privy, latrine, urinal, absorption pit, work, cesspool or receptacle for
filth or refuse which the Commissioner has ordered to be demolished or stopped
or not to be made, to demolish the drain, privy, latrine, urinal, absorption
pit, disposal work, cesspool or receptacle, or to make such alteration therein
as he may think fit. The
Commissioner may, by notice, require any person who without his permission in
writing may newly erect or rebuild any building over any drain, conduit,
water-course, pumping main, or water pipe vested in the Corporation, to pull
down or otherwise deal with the same as the Commissioner may think fit. (1) The Commissioner may, by notice, require any owner
or occupier on whose land any drain, privy, latrine, urinal, absorption pit,
disposal work, cesspool or other receptacle for filth or refuse for the time
being exists within a hundred feet of any spring, well, tank, reservoir, or
other source from which water is or may be derived for public use, to remove or
close the same within one week from the service of such notice. (2) Whoever, without the permission of the Commissioner
makes or keeps for a longer time than one week after the issue of notice under
this section, any drain, privy, latrine, urinal, absorption pit disposal work,
cesspool or other receptacle for filth or refuse, within hundred feet of any
spring, well, tank, reservoir or other source from which water is or may be
derived for public use, shall be punishable with
fine which may extend to [340][five
hundred rupees], and, when a notice has been issued, with a further fine, not
exceeding [341][fifty
rupees] for each day during which the offence is continued after the lapse of
the period allowed for removal. Whoever
without the permission of the Commissioner causes or knowingly or negligently
allows the contents of any sink, cesspool or any other offensive matter to
flow, drain, or be put upon any street or public place, or into any irrigation
channel or any drain not set apart for the purpose, shall be punished with fine
which may extend to [342][five
hundred rupees]. Whoever,
without the permission of the Commissioner makes or causes to be made, or
alters or causes to be altered, any drain, leading into any of the drains
vested in the Corporation, shall be punished with fine which may extend
to [343][five hundred rupees]. The
Commissioner may, by notice, require the owner or occupier of the land or
building to cleanse, repair, cover, fill up or drain off any private well,
tank, reservoir, pool, depression or excavation therein which may appear to the
Commissioner to be injurious to health or offensive to the neighbourhood : Provided
that if for the purpose of effecting any drainage under this section it should
be necessary to acquire any land not belonging to the same owner or to pay
compensation to any person, the Corporation shall provide such land or pay such
compensation. It
shall not be lawful to erect or re-erect any building, or premises any part of
which is within one hundred feet of a municipal drain or of some place set
apart by the Commissioner for the discharge of drainage or to occupy any such
building newly erected or re-erected unless and until-- (a) a drain has been constructed which, in the opinion
of the Commissioner, shall be sufficient for the effectual drainage of such
building to such municipal drain or place; and (b) 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 Commissioner to be necessary for the purpose of
gathering and receiving the drainage from, and conveying the same off, the said
building and effectually flushing the drain of the said building and every
fixture connected therewith. Wherever
it is provided in this Act that steps shall or may be taken for the effectual
drainage of any premises, the Commissioner may require that there shall be one
drain for offensive matter and sewage and another drain for rain-water and
unpolluted sub-soil water, each emptying into separate municipal drains or
other places set apart by the Commissioner for the discharge of drainage, or
into other suitable places. (1) If it appears to the Commissioner that the only
means by which the owner or occupier of any building or land can conveniently
cause his drain to empty into a municipal drain or other place set apart by the
Commissioner for the discharge of drainage, is by carrying the same into,
through or under any land belonging to or occupied by some person other than
the said owner or occupier, the Commissioner shall give such other person a
reasonable opportunity of stating any objection and if no objection is raised,
or if any objection which is raised, appears to him invalid or insufficient,
may, by an order in writing, authorise the said owner or occupier to carry his
drain into, through or under the said land in such manner as he may think fit
to allow. (2) Subject to the provisions of this Act, on receipt
of any such order bearing the signature of the Commissioner, the person in
whose favour it is made or any agent or person employed by him for the purpose
may, after giving to the owner or occupier of the land reasonable' written
notice of his intention to do so, enter upon the said land with assistants and
workmen at any time between sunrise and sunset, and execute the necessary work. (3) In exercising any work under his section as little
damage as possible shall be done, and the owner or the occupier of the premises
for the benefit of which the work is done shall-- (a) cause the work to be executed with the least
practicable delay; (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; and (c) pay compensation to any person who sustains damage
by the execution of the said work. (4) If the owner or occupier of the premises applies to
the Commissioner to get the work executed by the Corporation, the Commissioner
shall cause such work to be executed by municipal or other agency under his own
supervision and may recover the expenses incurred thereby from such owner or
occupier. (5) If any land in which work has been executed under
sub-section (2) was unbuilt upon at the time of such execution and if at any
time thereafter the owner or occupier thereof desires to erect a building
thereon and applies to the Commissioner in this behalf, the Commissioner shall,
by written notice, require the owner or occupier of premises for the benefit of
which such drain was constructed, to close, remove or divert the same in such
manner as may be approved by the 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. Every
owner of a drain connected with a municipal drain or other place set apart by
the Commissioner for drainage shall be bound to allow the use of it to other
persons, or to admit other persons as joint owners thereof, on such terms as
may be prescribed under Section 208. Any
person desiring to drain his premises into a municipal drain through a drain of
which he is not an owner may make a private arrangement with the owner for
permission to use his drain, or may apply to the Commissioner for authority to
use such drain or to be declared a joint owner thereof. (1) Where the Commissioner is of opinion whether on
receipt of an application or otherwise, that the most convenient means by which
the owner or occupier of any premises can drain such premises is through a
drain belonging to some person other than the said owner or occupier, the
Commissioner shall give the owner of the drain a reasonable opportunity of
stating his objection thereto, and, if no objection is raised or if any
objection which is raised appears to him invalid or insufficient, may, by an
order in writing, authorise the said owner or occupier to use the drain or
declare the said owner to be a joint owner thereof, on such conditions as may
appear to him equitable with regard to the payment of rent or compensation and
to connecting the drain of the said premises with the communicating drain and
to the respective responsibilities of the parties for maintaining, repairing,
flushing and cleaning the joint drain. (2) Every such order, bearing the signature of the
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 situated with assistants and workmen, at any time between sunrise and
sunset and, subject to the provisions of this Act, to do all such things as may
be necessary for-- (a) connecting the two drains; or (b) renewing, repairing or altering the connection; or (c) discharging any responsibility attaching to the
person in whose favour the Commissioner's order is made for maintaining,
repairing, Hushing or cleaning the joint drains or any part thereof. (3) In respect of the execution of any work under
sub-section (2), the person in whose favour the Commissioner's order is made
shall be subject to the same restriction and liabilities as are specified in
sub-sections (3) and (5) of Section 205. (1) It, in the opinion of the Commissioner any part of
a group or block of premises is situated conveniently near a municipal drain
already existing or about to be constructed or a place set apart by the
Commissioner for the discharge of drainage, and if the Commissioner is of
opinion that such group or block can be drained more economically or advantageously
in common that separately, he may give the owners of all the premises a
reasonable opportunity of stating any objection, and, if no objection is raised
or if any objection which is raised appears to him invalid or insufficient, may
cause such group or block to be drained by such method as appears to him to be
most suitable therefor, and the expenses incurred by him in so doing shall be
paid by the owners of such premises in such proportions as the Commissioner may
think fit. (2) No less than fifteen days before any work under
this section is commenced, the Commissioner shall, by written notice, intimate
to the owners of all the premises to be drained-- (a) the nature of the intended work; (b) the estimated expenses thereof; and (c) the proportion of such [344][expenses]
payable by each owner. (1) In the case of premises abutting on a public street
in which there is a municipal drain and in the case of premises drained in
pursuance of the provisions of this Chapter, the Commissioner shall construct
at the expenses of the owner of the said premises such portion of the drain of
the said premises as may be necessary to lay under any part of a public street. (2) The portion of any connecting drain so laid under a
public street shall vest in the Corporation and be maintained and kept in
repair by the Commissioner as a municipal drain. (3) The remainder of every drain constructed, erected,
set up or continued for the sole use and the benefit of any premises shall-- (a) vest in the owner of such premises; (b) be maintained and kept in repair by the owner or
occupier of such premises; and (c) be from time to time flushed, cleansed and emptied
under the orders of the Commissioner at the cost of the municipal fund : Provided
that, where several premises are drained in common under the last preceding
section, such remainder shall vest in the owners jointly and the cost of
maintenance and repair thereof shall be distributed in the same proportions as
are fixed by the Commissioner under the said section. (1) For the purpose of ventilating any drain, whether
belonging to the Corporation or to any other person, the Commissioner may,
after giving not less than four days' written notice to the occupiers of the
premises erect upon any premises or affix to the outside of any building, or to
any trees, any such shaft or pipe as may appear to him necessary and may 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
may lay in, through or under any land such appliances as may in the opinion of
the Commissioner be necessary for connecting such ventilating shaft or pipe with
the drain intended to be ventilated. (2) Any shaft or pipe so erected or affixed shall-- (a) be carried at least fifteen feet higher than any
skylight or window situated within a distance of forty feet therefrom; (b) if the same be fixed to a wall supporting the eaves
of a roof, be carried at least five feet higher than such eaves; and (c) be removed by the Commissioner to some other place,
if at any time the owner of the aforesaid premises, building or tree is
desirous of effecting any change in his property which cannot without
unreasonable inconvenience be carried out unless the shaft or pipe is removed. (3) If the Commissioner declines to remove a shaft or
pipe under clause (c) of sub-section (2), the owner of the aforesaid premises,
building or tree may apply to the District Court, and the District Court may,
after such enquiry as it thinks fit to make, direct the Commissioner to remove
the shaft or pipes, and it shall be incumbent on the Commissioner to obey such
order. (4) 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 intended to be ventilated, the Commissioner shall, so far as is
practicable, reinstate and make good such buildings and fill and make good such
land at the cost of the municipal fund. All
drains and fittings thereof (including ventilation shafts and pipes)
constructed or set up at the cost of the municipal fund all drains constructed
at the cost of a private person on or under any municipal land shall vest in
the Corporation. (1) The Commissioner shall provide or appoint in proper
and convenient situations, public receptacles, depots and places for the
temporary deposit or final disposal of rubbish, offensive matter, sewage and
the carcasses of dead animals, accumulating in the city. (2) All things deposited in receptacles, depots or
places provided or appointed under this section shall be the property of the
Corporation. The
Commissioner may give public notice that the collection and removal of sewage,
offensive matter and rubbish from the lands and buildings in any part of the
city will be undertaken by municipal agency, and he shall then forthwith take
measures for the due collection and removal of such matter from any lands and
buildings situated in the said part of the city. (1) The Commissioner may, by public notice, direct that
all rubbish and offensive matter accumulating in any premises in any street or
quarter of the city, specified in the notice shall be collected by the occupier
of such premises and deposited in a box, basket or other receptacle, of a
kind [345][prescribed by bye-laws]
by the Corporation, to be provided by such occupier and kept near the entrance
to, or, where open space is available, within the premises. (2) The Commissioner may cause public dust-bins or
other convenient receptacles to be provided at suitable intervals and in proper
and convenient situations in streets or quarters in respect of which no notice
issued under sub-section (1) is for the time being in force; and may, by public
notice, direct that all rubbish and offensive matter except trade refuse
accumulating in any premises, the entrance to which is situated within fifty
yards of any such receptacle, shall be collected by the occupier of such
premises and deposited in such receptacles. The trade refuse shall be removed
to and deposited at such places as the Commissioner may direct. (3) The Commissioner may, by public notice, direct that
all rubbish and offensive matter accumulating in any premises in any street or
quarter in respect of which no notice issued under sub-section (1) or
sub-section (2) is for the time being in force shall be collected by the
occupier of such premises and deposited in lump in the street on which such
premises about or in some portion of such premises. (4) In any notice issued under any of the foregoing
sub-sections the Commissioner shall prescribe the hours within which rubbish
and offensive matter shall be deposited under this section. (5) The Commissioner may, by public notice, direct that
sweepers privately employed on the removal of sewage, rubbish or offensive
matter shall remove the same in proper receptacles of a type to be approved by
the Commissioner in such manner as not to cause any unnecessary nuisance to passers-by
in the street. No
person-- (a) shall throw or place or cause to be thrown or
placed any rubbish, offensive matter or sewage, on any street, or in any place
not provided or appointed for the purpose under the provisions of this Act; (b) who is the owner or occupier of any land or
building shall allow any sewage or offensive matter to flow, soak or be thrown
therefrom, or keep or suffer to be kept therein or thereupon, anything so as to
be nuisance to any person, or negligently suffer any receptacle or place for
deposit of offensive matter or rubbish on his premises to be in such a state as
to be offensive or injurious to health. Chapter XVI -
SANITARY PROVISIONS Regulations of Public Bathing, Washing, etc. The
Commissioner may from time to time-- (a) set apart suitable places for use by the public for
bathing or for washing animals, or for washing or drying clothes or other
material; (b) specify the times at which and the sex of persons
by whom such places may be used; (c) prohibit, by public notice, the use by the public,
for any of the said purposes, of any place not so set apart; and (d) charge fees for the use of such place by any
specified class or classes of persons or by the public generally. No
person shall-- (a) steep in any bank, reservoir, stream, well, trough
or ditch any animal, vegetable or mineral matter likely to render the water
thereof, offensive or dangerous to health; (b) while suffering from any contagious, infectious or
loathsome disease, bath in or near any lake, tank, reservoir, fountain,
cistern, duct, standpipe, stream, well or trough, or any part of a river within
the limits of the Corporation or within five miles upstream from the
Corporation boundary. (1) The Commissioner may, by public notice, prohibit
the washing of clothes by washermen in exercise of their calling except at such
places as he may appoint for this purpose; and after such prohibition no
washerman shall wash clothes of any place not appointed for this purpose except
for himself or for the owner or occupier of such place. (2) Washing places to be provided by Commissioner for
washermen.--The Commissioner shall provide suitable places for the exercise of
their calling by washermen, and may require with the approval of the [346][Mayor-in-Council]
the payment of such fees for any such place as he may from time to time
determine. For
the purpose of providing a supply of water proper and sufficient for public and
private purposes, the Commissioner may, either within or without the City-- (a) construct and maintain waterworks and do all acts
which may be necessary or expedient in connection with such construction or
maintenance; (b) purchase or take on lease any waterwork or any
water or right to store water or to take and convey water; or (c) enter into any arrangement with any person for the
supply of water : Provided
that if in the city any Government Department is administering and controlling
water-supply, the Commissioner shall not make any such arrangement without
prior approval of the Government and the arrangement shall subject to the terms
and conditions laid down by Government in this respect. (1) The Commissioner may supply water for any purpose
on receiving a written application specifying the purpose for which such supply
is required and the quantity likely to be consumed. (2) The supply of water shall be made upon such terms
and conditions as to payment and quantity and for such period, as the
Corporation may prescribe [347][by
bye-laws] in this behalf. (3) The corporation may, on such terms as it may think
fit, undertake to supply water to any area outside the city from the waterworks
maintained by the Corporation and do other acts ancillary thereto. Where
an application under Section 221 has been received all necessary communication
pipes and fittings shall be supplied by the Commissioner and the work of laying
and applying such communication and fitting shall be executed by municipal
agency under the Commissioner's orders; but the cost of making any such
connection and of all communication pipes and fittings so supplied and of all
work so executed, shall be paid by the owner or the person making such
application. The Commissioner shall provide a meter and charge rent for the
same. Any
owner or occupier of any land or building in or on which water supplied under
this Act is misused from negligence or other circumstances under his control or
in which the pipes, mains or other work are out of repair to such an extent as
to cause waste of water, shall, if he has knowledge thereof, be bound to give
notice of the same to such officer as the Commissioner may appoint in this
behalf. Neither
the owner nor occupier of any land or building in which pipes mains, or other
works are situated, nor the Corporation shall be liable to pay compensation to
any person for any damage caused by any leakage of water or any failure to keep
in repair such pipes, mains or other works, unless the owner or occupier or the
Corporation has knowledge thereof and has failed to take reasonably prompt
action to report the same to the prescribed officer or to stop the leakage or
to execute the required repairs, as the case may be. If
any person whose premises are supplied with water neglects to pay any sum
payable under Section 221 when due, or to give notice as provided in Section
223 or wilfully or negligently misuses or causes waste of water the
Commissioner may cut off the supply of water to the premises. Whenever
water is supplied under this chapter through a meter, it shall be presumed,
that the quantity indicated by the meter has been consumed, until the contrary
is proved. No
person shall-- (a) wilfully or negligently injure or suffer to be
injured wells, reservoirs, mains, pipes or other appliances for the supply of
water under the management of control of the Corporation; (b) draw off, divert or take any water from any
municipal well, reservoir, main, or pipe, except in accordance with direction
made in this behalf; or (c) tamper with any meter under the management or
control of the Corporation. No
person shall-- (a) open or keep open the valves of any water-works
used for the supply of water to the public by any means other than the use of
pressure by the hand; or (b) having opened such valve, fail to close the same or
leave the same open or tamper with any valve or hydrant not intended for the
supply of water to the public. Except
with the permission of the Corporation, no person shall-- (a) erect any building of any purpose whatever on any
part of the area enclosed by the boundary-fence of any lake or reservoir from
which supply of water is derived for a municipal water-work; or (b) remove, alter-injure, damage or in any way
interfere with the aforesaid boundary-fence. Except
as provided hereinafter, no person shall-- (a) bathe in or near any water-works belonging to the
corporation; or (b) wash, throw, or cause any animal to enter into the
water of such works; or (c) throw any rubbish, dirt, filth or any other thing
whatsoever into the water of such works; (d) wash or cleanse therein any cloth, wool, leather or
skin of any animal or any clothes or other things; (e) cause the water of any sink, drain, steam engine,
boiler or other filthy water belonging to him or under his control, to run,
percolate or be brought, into any such waterworks or do any other act whereby
the water in such works may be fouled or polluted or its quality altered. If
an offence against any provision of Chapters XIII, XIV, XV or XVI or against
any rules or bye-laws made under the provisions of this Act made in this
behalf, has been committed on any premises to which a private supply of water
is furnished by the Corporation, it may be presumed, until the contrary is
proved, that such offence has been committed by the occupier of the said
premises. (1) In carrying out the duties imposed on the
Corporation by clauses (b), (c), (j) and (1) of Section 66 or exercising the
powers conferred upon it by Sections 190, 191, 192, 193, 211, 213 and 214, the
Corporation shall not cause any nuisance which in the circumstances of the case
can reasonably be avoided. (2) The Commissioner shall make reasonable compensation
to any person who has sustained damage occasioned by the carrying out of any
such operations : Provided
that no compensation shall be claimed or paid for inconvenience unavoidably
caused. Subject
to the provisions of any law for the time being in force, the Commissioner may
carry any cable, wire, pipe, drain or channel of any kind required for the
establishment or maintenance of any system of drainage, water-supply or
lighting through, across, under or over any street or any place laid out as or
intended for a street, and also after giving reasonable notice in writing to
the owner or occupier, through, across, under, over or along side any land or
building whatsoever within or without the city, and may place and maintain in
any immovable property in the city or without the city, any posts, poles,
standards, brackets or other contrivances for supporting cables, wires, pipes,
channels and lights and may do all acts necessary or expedient for repairing
and maintaining any such cable, wire pipe, drain, channel, post, pole,
standard, brackets or other similar contrivance in an effective state for the
purpose for which it is intended to be used or for removing the same. In
the event of any cable, wire, pipe, drain, sewer, or channel being laid or
carried above the surface of any land or through, over or up the side of any
building, such cable, wire, pipe, drain, sewer or channel, as the case may be,
shall be so laid or carried as to interfere as little as possible with the
rights of the owner or occupier to the due enjoyment of such land or building
and reasonable compensation shall be paid in respect of any substantial
interference with any such right to such enjoyment. Except
in cases to which Sections 372, 373 and 374 relate, the Commissioner shall
cause not less than fourteen days' notice in writing to be given to the owner
or occupier before commencing any operations under Section 233. (1) No person shall, without the permission of the
Commissioner, at any time, make or cause to be made, any connection or
communication with any cable wire, pipe, ferrule, drain, or channel constructed
or maintained by or vested in the Corporation for any purpose whatsoever. (2) Any person acting in contravention of the terms of
sub-section (1) shall be punishable with a fine not exceeding [348][five
hundred rupees]. Where
any premises have no drain communicating with a public sewer, or a drain
insufficient for the effectual drainage of the premises, or a drain not adapted
to the general sewerage system of the City, or a drain which is in the opinion
of the Commissioner otherwise objectionable, the Commissioner may by notice,
require the owner of the premises to make satisfactory provisions for the
drainage of the premises or to do such other work within such time as may, in
the opinion of Commissioner, be necessary for remedying the cause complaint or
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 Commissioner
thinks necessary and drain or drains emptying into such cesspool. The
Commissioner may establish meters or other appliances for the purpose of
testing the quantity or quality of electricity supplied to the premises of any
person or for the use of any person or business. The
ferrules, communication pipes, connections, meters, standpipes and all fittings
thereon or connected therewith, leadings from mains or service cables, wires,
pipes, drains, or channels into any house or land and the wires, pipes,
fittings and works inside any such house or within the limits of any such land,
shall in all cases, be executed to the satisfaction of the Commissioner. Subject
to the provisions of any law for the time being in force, the Commissioner may
with the approval of the Mayor-in-Council, from time to time, fix the scales of
charges which the Corporation may make for establishing communications from and
connections with main or service cables or for installing wires and pipes for
the supply of electricity or water or for use of meters or other appliances for
testing the quality or quantity thereof and may levy such charges from the owner
or occupier as the circumstances may require. (1) The Commissioner may, by notice, require the owner
of any building or land in any street to put up and keep in good condition
proper troughs and pipes for receiving and carrying water and sullage from the
land or building and for discharging the same so as not to cause inconvenience
to person passing along with street. (2) For the purpose of efficiently draining any
building or land the Commissioner may by notice in writing-- (a) require any Court-yard, alley or passage between
two or more buildings to be paved by the owner or part-owner or owners or
part-owners of such buildings with such materials and in such manner as may be
approved by the Commissioner; and (b) require such paving to be kept in proper repair. In
dealing with municipal drainage, sewage and water-works schemes, the
Commissioner shall follow the general principles laid down by the Corporation,
for any scheme of sewage or drainage or water-works and may refer to the [349][Mayor-in-Council]
any question connected with the carrying out of such a scheme in which the
intention of the Corporation does not appear to him to have been clearly
expressed, or in which the provisions of the scheme appear to him to require
modification. The [350][Mayor-in-Council]
shall in its discretion either decide the question or refer the matter for the
orders of the Corporation : Provided
that any question involving the expenditure of a sum, exceeding one lakh of
rupees shall be referred to the Corporation for orders. (1) Without the written permission of the Commissioner
no building, wall or other structure shall be erected or re-erected, and no
street, railway, electric or telephone line or similar other structure shall be
constructed over any municipal drain or water or airmain. (2) If any building, wall or other structure is erected,
or re-erected or constructed in contravention of the provisions of sub-section
(1). the Commissioner may, subject, to the provisions of any law for the time
being in force, remove the same or otherwise deal with it as he may think fit.
The expenses incurred by him under this sub-section shall be paid by the person
offending. [351][No drainage, sewage or waterworks scheme involving
an expenditure of a sum of five lakhs of rupees or more shall be sanctioned by
the Corporation without the previous approval of the Government.] Any
municipal sewage or drainage scheme or any
municipal water-works may be inspected by a person appointed by the Government
in this behalf, and the Commissioner or any such person may at all reasonable
times-- (a) enter upon and pass through any land whether within
or without the city adjacent to or in the vicinity of such a drainage or sewage
scheme or such water-works in whomsoever such land may vest; (b) alter giving not less than two days' written notice
to the occupiers, cause to be conveyed into and through any such land, all
necessary men, materials, tools and implements. If
in the exercise of any of the powers conferred by Section 233 or 244 any damage
or inconvenience is caused, which in the circumstances could reasonably have
been avoided, the Corporation or the Government shall pay compensation
according as the damage or inconvenience is caused by the Corporation or by a
person appointed by the Government. Chapter XVIII
- PUBLIC HEALTH AND SAFETY Regulation of Factories and Trades No
person shall-- (a) newly established; or (b) remove from one place to another; or (c) re-open or renew after discontinuance for a period
not less than three years; or (d) enlarge or extend the area, or dimensions of any
factory, workshop or bakery in any area, other than an area set apart for the accommodation
of industries by an Act, for the time being in force or by any local authority, except with the permission of the Commissioner and
in accordance with the terms and conditions stated in such permission : Provided
that no such permission shall be required in the case under clause (c) if
during the period of discontinuance the machinery has not been removed from the
place where the factory, workshop or bakery was originally established. (1) Whenever it appears to the Commissioner that any
factory, workshop or workplace or any building or place in which mechanical
power is employed is not kept in a cleanly state, or is not ventilated in such
a manner as to render as far as practicable harmless any gas, vapour, soot or
other impurity generated in the course of work carried therein, or is so
overcrowded during working hours as to be dangerous or injurious to the health
of the persons employed therein, or that any machinery therein is so fixed or
so insecurely fenced as to be dangerous to life or limb, the Commissioner may
by written notice require the owner thereof to take such order [352][in
respect thereof] as the Commissioner shall think fit to order. (2) Nothing in this section shall be deemed to affect
any provisions of the Indian Boilers Act, 1923, and nothing in this section
regulating the fixing or fencing of any machinery shall apply to any factory
subject to the provisions of the Factories Act, 1948. Except
in accordance with the provisions of this Act. no person shall-- (a) store or keep in premises any articles mentioned in
any bye-laws made under this Act as dangerous or offensive, or as being, or
likely to be a nuisance to the public, or dangerous to life, health or
property; (b) store or keep in any premises the hide or any part
of the carcass of any animal afflicted at the time of its death with infectious
or contagious disease; or (c) carry on or allow to be carried on any premises any
trade, manufacture, industry or operation mentioned in any [353][bye-laws]
under this Act as dangerous to life, health or property or as likely to create
a nuisance, either from its nature or by reason of the manner in which the
conditions under which the same may be carried on : Provided
that nothing in this section shall affect the provisions of the India
Explosives Act, 1884, or the Petroleum Act, 1934. (1) No person shall use or permit to be used any
premises for any of the following purposes without or otherwise than in
conformity with the terms of a licence granted by the Commissioner in this
behalf, namely :-- (a) carrying on within the city the trade or operations
of a farrier; (b) keeping articles in excess of the maximum laid down
for such articles by the bye-laws; (c) keeping any article which, except for domestic
purposes, is prohibited by any bye-laws; (d) keeping in or upon any building used or intended to
be used as a dwelling house or within fifteen feet of such building any
quantity of cotton in excess of such quantity as may be prescribed by [354][bye-laws]
in this behalf; (e) keeping horses, cattle or other four-footed animals
for sale or hire or for the sake of the produce thereof, or for any purpose for
which any charge or remuneration is made or received; (f) carrying on any of the prescribed trades or
operations connected therewith, or any trade or operation which in the opinion
of the Commissioner is dangerous to life, health or property, or likely to
create a nuisance either from its nature or by reason of the manner in which,
or the conditions under which, it is carried on. Explanation I.--A person shall be deemed to know that a trade or
operation is in the opinion of the Commissioner, dangerous or create a nuisance
within the meaning of this clause after a written notice to that effect signed
by the Commissioner has been served on him or affixed to the premises to which
it relates. Explanation II.--A person shall be deemed to carry on a trade or
operation or to allow to be carried on within the meaning of this clause, if he
does any act in furtherance of such trade or is in any way engaged or concerned
therein as principal, agent, master or servant or in any other similar
capacity, or who does not prevent carrying on of such unauthorised trade or
operation on such premises as are his or under his control. (2) It shall be in the discretion of the Commissioner
to grant a licence for any of the purposes referred to in sub-section (1)
subject to such restrictions or conditions as he may think fit to specify or to
refuse to grant such licence. (3) Every person to whom a licence is granted by the
Commissioner under sub-section (2) shall exhibit such licence in or upon the
premises, to which it relates. (4) Nothing in this section shall be deemed to apply to
mills for spinning or weaving cotton, wool, silk or jute or to any other mill
or factory which the Commissioner may with the previous approval of the [355][Mayor-in-Council]
from time to time, specially exempt from the operation thereof. (1) No person engaged in any trade or manufacture which
may be specified in the bye-laws shall-- (a) wilfully cause or suffer to be brought or to flow
into any lake, tank, reservoir, cistern, well, duct or other place for storing
water belonging to the Corporation, or into any drain or pipe communicating
therewith, any washing or other substance produced in the course of any such trade or
manufacture as aforesaid; or (b) wilfully do any act connected with such trade or
manufacture whereby the water in any such lake, tank, reservoir, cistern, well
duct or other place for storing water is fouled or corrupted. (2) After giving not less than twenty-four hours
previous notice in writing to the owner or to the person who has the management
or control of any works, pipes or conduits connected with any such manufacture
or trade as is referred to in sub-section (1), the Commissioner may lay open
and examine the said works, pipes or conduits, and if, upon such examination,
it shall appear that the provisions of sub-section (1) have been contravened by
reason of anything contained in or proceeding from the said works, pipes or
conduits the expenses incurred in laying open and examining them and in
adopting any other measure which the Commissioner considers necessary for
removing the cause of such contravention shall be paid by the owner of the said
works, pipes or conduits, or by the person who has the management or control
thereof, or through whose neglect or fault the contravention has occurred. But if it appears that there has been no such
contravention, the said expenses and also compensation for any damage
occasioned by such laying open and examination shall be paid by the
Commissioner. (1) Subject to the bye-laws made by the Corporation in
this behalf, the Commissioner may, at any time, by day or night, and without
notice, enter into or upon any premises used for any of the purposes mentioned
in Section 249 or upon any premises in which furnace is employed for the
purposes of any trade or manufacture or into any bakery, in order to satisfy
himself that there is no contravention of any provision of this Act or any rule
or bye-laws made thereunder or of any condition of any licence granted under
this Act, or that no nuisance is being created upon such premises. (2) No claims for compensation shall lie against any
person for any damage which may unavoidably be caused by any such entry or by
the use of any force necessary for affecting such entry : Provided
that force shall not be used for effecting an entry unless there is reason to
believe that an offence is being committed against some provision of this Act
or some rules or bye-laws made thereunder. (1) No exhibition by cinematograph or other apparatus
in which inflammable film is used, no public dramatic performance, circus, or
pantomime, shall be given within the limits of the City except in premises for
which a licence has been granted by Commissioner under this section. (2) If the owner of a cinematograph or other apparatus
uses the apparatus or allows it to be used, or if any person takes part in any
public dramatic performance, circus or pantomime or if the occupier of any
premises allows those premises to be used, in contravention of the provisions
of this section or of any condition of a licence granted under this section, he
shall be liable to a fine not exceeding [356][two
thousand rupees] and in the case of a continuing offence, to a future penalty
of [357][two hundred rupees] for
each day during which the offence continues, and his licence shall be liable to
be revoked by the Commissioner. (1) The Corporation may at its discretion permit the
establishment of a new private market in the City or in any specified portion
thereof. (2) No person shall establish a new private market for
the sale of animals intended for human food, or for the purpose of exposing
them for sale, except with the sanction of the Corporation. (3) When the establishment of a new private market is
sanctioned the Commissioner shall cause a notice of the sanction to be
exhibited in some conspicuous spot on or near the building or place where such
market is to be held. (1) Except under a licence granted by the Commissioner
in accordance with the general or special orders issued by the [358][Mayor-in-Council]
in that behalf, and in conformity with its terms, no person shall establish or
keep a private market or when established, remove it from one place to another,
or re-open or re-establish it after it has been closed for a period in excess
of twelve months, or enlarge its area or dimensions : Provided
that the Commissioner shall not refuse a licence to keep a private market or
cancel or suspend the same for any cause other than the owner's failures to
comply with this Act or the terms of his licence after compliance has been
required of him. (2) When the Commissioner has refused, cancelled or
suspended any licence to keep a private market, he shall cause a notice
thereof, to be conspicuously exhibited near the building or place where such
market is or was to be held. (1) Without a licence from the Commissioner no person
shall sell or expose for sale any animal or any meat or fish intended for human
food in any place other than a Corporation or licensed market. (2) Nothing in sub-section (1) shall apply to meat or
fish sold in any hotel or eating-house for consumption on the premises. The
Corporation may, and if required by the Government shall, by bye-law-- (a) prohibit the manufacture, sale or preparation or
exposure for sale, of any specified article of food or drink, in any place or
premises not licenced by the Corporation; (b) regulate the hours and manner of transport of any
specified articles of food or drink within the City and prescribe the route by
which such articles shall be carried; (c) prohibit the sale of milk, butter, ghee, curd,
meat, game, fish, and poultry by persons not licensed by the Corporation; (d) prohibit the import by persons not licensed by the
Corporation of milk, cream, butter, ghee, curd, meat, game, fish and poultry
within the City for sale; (e) provide for the grant and withdrawal of licences
and the levying of fees thereof under this section : Provided
that no person shall be punishable for the breach of any bye-law made under
clause (a) by reason of the continuance of such manufacture, preparation or
exposure for sale in any place or upon any premises which are at the time of
the making of such bye-laws, used for such purpose until he has received from
the Corporation six months' notice in writing to discontinue such manufacture
preparation or exposure for sale. (1) The Corporation may and when required by the
Government shall fix places, either within or with the approval of the
Government without the limits of the city for the slaughter of animals or of
any specified description of animals for sale, and may with the like approval
grant and withdraw licences for the use of such premises, or if they belong to
the Corporation may charge rent or fees for the use of the same. (2) When such places have been fixed by the Corporation
beyond municipal limits it shall have the same power to make bye-laws for the
inspection and proper regulation of the same as if they were within those
limits. (3) When any such premises have been fixed no person
shall slaughter any such animal for sale within the city at any other place. (4) (a) No person shall without the written permission
of the Commissioner bring into the city for sale the flesh of any animal
intended for human consumption, which has been slaughtered at any slaughter
house or place not maintained or licensed under this Act. (b) Any police officer may arrest without warrant
any person bringing into the city any flesh in contravention of sub-clause (a). (5) Any person who slaughters for sale any animal at
any place within the city other than the one fixed by the Corporation under
this section shall be punishable with fine which may extend to [359][two
thousand rupees]. (1) Whenever any animal in the charge of any person
dies otherwise than by slaughter for sale or for a religious purpose such
person shall within twenty-four hours either-- (a) convey the carcass to the place fixed by the
Corporation for the disposal of dead animals or to any place at least one mile
beyond the limits of the city; or (b) give notice of the death to the Commissioner who
shall cause the carcass to be disposed of. (2) For the disposal of dead animals under clause (b)
of sub-section (1) the Commissioner may charge such fees as the Corporation may
fix by public notice. (3) For the purpose of this section the word
"animal" shall include horned cattle, elephant, camels, horses,
ponies, asses, mules, deer, sheep, goats, and swine. (4) Any person bound to act in accordance with
sub-section (1) of this section shall, if he fails to act. be punished with
fine which may extend to [360][one
hundred rupees]. No
person shall sell, expose or hawk or keep for sale any animal intended for
human consumption which is diseased, and no person shall sell, store for sale,
expose or hawk for sale or manufacture any food, drink or drug intended for
human consumption or medical treatment which is unsound, unwholesome,
adulterated or unfit for human consumption. (1) No person shall keep or permit to be kept in any
shop or place in which milk is stored or in any manufactory, shop or place in
which butter, ghee, wheat, flour, mustard oil, tea, edible oil, edible fat or
any article notified by the Government in this behalf is manufactured or
stored, any substance intended to be used for adulteration of such milk, butter, ghee, wheat, flour, mustard oil
or other article. (2) If any article capable of being so used is found in
any such manufactory, shop or place, the Court shall, unless and until the
contrary is proved, presume, in any prosecution under this section, that it is
intended to be used for adulteration. No
person shall, directly or indirectly, sell, expose or hawk for sale or
manufacture or store for sale any drug or article of food or drink to which the
Government has by notification applied this section unless it fulfills the
conditions specified in such notification. No
person shall sell, or offer, expose, manufacture or store for sale, as being
specified drug or article of food or drink to which the Government has by
notification applied this section, any article hereinafter referred to as
substitute which resembles or purports to be notified drug or article but
differs therefrom in nature, substance or quality. (1) No person shall, directly or indirectly, himself or
by any other person on his behalf, sell, expose or hawk for sale, or
manufacture or store for sale any article of food or drink which is not of the
nature, substance or quality it is represented to be : Provided
that an offence shall not be deemed to be committed under this section in the
following cases, namely :-- (a) where any matter or ingredient not injurious to
health has been added to any article of food or drink in order to facilitate
the production or preparation of the same as an article of commerce in a state
fit for carriage or consumption, and not fraudulently to increase the bulk,
weight or measure of the article or to conceal the inferior quality thereof; or (b) where any article of food or drink is unavoidably
mixed with some extraneous matter in the process of collection or preparation. (2) In any prosecution under this section it shall be
no defence to allege that the vendor, manufacturer or storer was ignorant of
the nature, substance or quality of the article sold, exposed, hawked about for
sale, or manufactured or stored for sale, by him, or that the purchaser having
brought such article only for analysis was not prejudiced by the sale. No
person shall, without or otherwise than in conformity with the terms of a
licence granted by the Commissioner in this behalf-- (a) carry on within the limits of the city the trade or
business of a dealer in milk or milk products or of an importer, vendor or
hawker of the same, or a dairyman; or (b) use any place as a dairy or cattle pen or for the
sale of milk or milk products. In
any prosecution under Sections 259, 260, 261 and 262 :-- (a) the Court shall, until the contrary is proved,
presume that any animals, food, drink, drug or substitute therefor found in the
possession of a person who is in the habit of selling that class of animal or
of manufacturing, storing or selling such articles, was being kept,
manufactured or stored for sale by such person; (b) no such person shall plead that he was ignorant
that the animal, foods, drink, drug or a substitute was diseased, unsound,
unwholesome, unfit for human consumption or adultered or did not fulfill the
conditions specified, or was substitute, as the case may be; (c) no offence shall be deemed to have been committed
where such person proves to the satisfaction of the Court that he obtained the
food, drink, drug or substitute under a warranty from the person manufacturing
it within the city or importing it within the same that the food, drink, drug
or substitute had not been adulterated, or that it fulfilled the conditions
specified or that it was not a substitute and that he had no reason to believe
otherwise or had no reasonable ground for believing that by lapse of time or
otherwise the warranty no longer held good. When
any person has been discharged or acquitted of an offence on the grounds
mentioned in clause (c) of Section 265 and the warranty proves to be incorrect
or misleading, the warrantor shall be liable to be prosecuted for such offence
and the provisions of Section 265 shall apply in a like manner as if he were
himself the seller or storer, as the case may be. (1) Any Councilor or any committee authorised by the
Mayor in this behalf or any officer of the Corporation duly authorised in this
behalf by the Commissioner may enter into and inspect any market, building,
shop, stall or place used for the sale of any animal, food, drink or drug
intended for human consumption or medical treatment or for the preparation,
manufacture or storage of the same for sale, and may inspect and examine any
such animal, food, drink or drug and any utensil or vessel used for preparing,
manufacturing or containing any such food, drink or drug. (2) If any such animal appears to such officer to be
diseased, or if any such food, drink or drug appears to him to be unsound
unwholesome or unfit for human consumption or medical treatment, as the case
may be, or to be adulterated, or not to fulfill the specified conditions or to
be a substitute or if any such utensils or vessel is of such kind or in such
state as to render any food, drink or drug prepared, manufactured or contained
therein unwholesome or unfit for human consumption or medical treatment, he may
seize and remove such animal, food, drink, drug, utensil or vessel in order
that the same may be dealt with as hereinafter in this chapter provided, and he
may arrest any person in charge of any such animal, food, drink or drug. (3) The authorised officer may, instead of removing any
animal, food, drink, drug, utensil or vessel seized under sub-section (2) leave
the same in such safe custody as the Commissioner directs in order that it may
be dealt with as hereinafter in this chapter provided and no person shall
remove it from such custody or interfere or tamper with it in any way while it
is so detained. (1) When any animal, food, drink, drug, utensil or
vessel is seized under sub-section (2) of Section 267, it may be destroyed by
the officer making the seizure with the consent of the owner or the person in
whose possession it was found. (2) The officer destroying any animal, food, drink,
drug, utensil or vessel under sub-section (1) shall report such destruction to
the Health Officer. (3) If any food, drink, or drug seized under
sub-section (2) of Section 267 is of perishable nature and is in the opinion of
the officer making the seizure, infected, unsound, unwholesome or unfit for
human consumption or medical treatment, it may, with the previous sanction of
the Health Officer be destroyed without the consent referred to in sub-section
(1). (4) The expenses incurred in taking any action under
sub-sections (1) and (3) shall be paid by the person in whose possession such
animal, food. drink, drug, utensil or vessel was at the time of its seizure and
no claim shall lie for compensation for any animal or article so destroyed. (1) Any animal, food, drink, drug, utensil or vessel
seized under sub-section (2) of Section 267 but not destroyed in pursuance of
Section 268 shall, subject to the provisions of sub-section (3) of Section 267
be taken before a Magistrate as soon as may be after such seizure. (2) If it appears to the Magistrate that such animal,
food, drink, drug, utensil or vessel was rightly seized, he shall cause the
same to be forfeited to the Corporation or to be destroyed at the expense of
the person in whose possession it was found at the time of its seizure. (3) If the Magistrate is of the contrary opinion, the
person from whose shop or place it was taken shall be entitled to have it
restored to him and it shall be in the discretion of the Magistrate to award
him such compensation, not exceeding the actual loss or expenses which he has
sustained or incurred, as the Magistrate may think proper. Any
animal, food, drink, drug in respect of which any authority exercising powers
under this chapter passes an order of destruction or disposal so that it cannot
be used as food or medicine, shall thereupon be deemed to be the property of
the Corporation. The
provisions of this chapter shall, so far as they are applicable, apply to such
other articles also as the Government may by notification in the Gazette
declare to be dangerous for human use. Whoever-- (a) being a medical practitioner or a person openly and
constantly becoming cognisant of the existence of any dangerous disease in any
dwelling other than a public hospital; or (b) being the owner or occupier of such dwelling and
becoming cognisant of the existence of any such disease therein; or (c) being the person in charge of, or in attendance on,
any person suffering from any disease in such dwelling, and becoming cognisant
of the existence of the disease therein : fails forthwith to give information, or knowingly
gives false information to the Health Officer or to any other officer to whom
the Corporation may require information to be given respecting the existence of
such disease, shall be punishable with fine which may extend to [361][five
hundred rupees] : Provided
that no person shall be bound to give such information or to cause such
information to be given, if such information has been given.][362] The
Health Officer or any other Municipal Officer authorised by him in this behalf,
may, at any time by day or by night, without notice, or after giving such
notice of his intention as may, in the circumstances, appear to him to be
reasonable, inspect any place in which any dangerous disease is reported or
suspended to exist, and take such measures as he may think fit to prevent the
spread of the disease beyond such place. (1) If it appears to the Health Officer that the water
in any well, tank or other place is likely, if used for the purpose of drinking or for any other
domestic purpose, to endanger or cause the spread of any dangerous disease, he
may by public notice prohibit the removal or use of the said water for such
purpose. (2) No person shall remove or use for such purpose any
water in respect of which any such public notice has been issued. (1) When, in the opinion of the Health Officer any
person is suffering from a dangerous disease and is also without proper lodging
or accommodation or lodged in such a manner that he cannot be effectually
isolated so as to prevent the spread of infection and the said officer
considers that such person should be removed to a hospital or place at which
patients suffering from such disease are received for medical treatment, he may,
with the approval of the Commissioner, direct or cause the removal of such
person to such hospital or place : Provided
that all costs incurred for the removal and the treatment of any such patient
shall be borne by the Corporation : Provided also, that if any such person is a woman,
she shall not be removed to any such hospital or place unless the same has
accommodation for women, of a suitable kind, and set apart from the portion
assigned to males. (2) Any person having charge of a person in respect of
whom an order is made under sub-section (1) shall obey such order. (3) If any woman who according to custom does not
appear in public is to be removed to any hospital or place under sub-section
(1)-- (a) the removal shall be effected in such a way as to
preserve her privacy; (b) special accommodation suited to such custom shall
be provided for her in such hospital or place; (c) she shall, if she so desires, be treated therein by
woman only; and (d) her female relatives shall be allowed to remain
with her. (1) If the Health Officer [363][or
any officer] of the Corporation authorised by him in this behalf, is of opinion
that the cleansing or disinfecting of any building or any part of a building,
or of any article therein which is likely to retain infection, or of any tank,
pool or well, adjacent to a building, would tend to prevent or check the spread
of any dangerous disease, he may cause to be cleaned or disinfected such
building or part thereof, or article, tank, pool or well and may by written
notice, require the occupier of such building or any part thereof to vacate the
same for such time as may be prescribed in such notice. (2) The cost of cleansing or disinfecting any building
or part thereof, or any article therein under sub-section (1) shall be paid by
the occupier of such building and the cost of cleansing or disinfecting any
tank, pool or well under the said sub-section, shall be paid by the person in
actual possession of such tank, pool or well or if there be no such person, by
the owner thereof : Provided
that if, in the opinion of the Commissioner, owner or occupier is from poverty
unable to pay the cost, the Commissioner may direct payment thereof to be made
from the municipal fund. (1) If the Health officer is of opinion that the
destruction of any hut or shed is necessary to prevent the spread of any
dangerous disease, he may and with the approval of the Commissioner after
giving to the owner or occupier of such hut or shed such previous notice of his
intention as he considers reasonable, take measures for having such hut or shed
and all the materials thereof destroyed. (2) Compensation not exceeding the value of the hut or
shed shall be paid by the Corporation to any person who sustains loss by the
destruction of any such hut or shed, but except as so allowed by the
Commissioner, no claim for compensation shall lie for any loss or damage caused
by any exercise of the power conferred by sub-section (1). No
person shall let a building or any part of a building in which he knows or has
reason to know that a person has been suffering from a dangerous disease-- (a) unless the Health Officer has disinfected the same
and has granted a certificate to that effect; and (b) until a date specified in such certificate as that
on which the building or part may be occupied without causing risk of
infection. Explanation.--For the purpose of this section the keeper of a
hotel or inn shall be deemed to have let part of his building to any person
accommodated therein. (1) The Corporation shall provide a place or places
with [364][all necessary apparatus
and establishment for the disinfection] of conveyances, clothing, bedding or
other articles which have become infected, and when any articles have been
brought to any such place for disinfection, shall cause them to be disinfected
either-- (a) free of charge; or (b) in its discretion, on payment of such fees as it
may from time to time fix in this behalf. (2) The Corporation shall, from time to time, by public
notice, appoint a place or places at which conveyances, clothing or other
articles which have been exposed to infection from any dangerous disease may be
washed; and no person shall wash any such article at any place not so
appointed, without having previously disinfected the same. (3) The Health Officer or any person authorised by him
in this behalf, shall disinfect or destroy, or by written notice direct the
disinfection or destruction of, any clothing, bedding or other articles likely
to retain infection. (4) The Commissioner shall pay such compensation as may
appear to him reasonable for any article destroyed under sub-section (3) and
his decision as to the amount of compensation shall be final. (1) No person shall, without previous disinfection of
the same, give, lend, sell, transmit or otherwise dispose of any article which
he knows or has reason to know that it has been exposed to infection from any
dangerous disease. (2) Nothing in sub-section (1) shall apply to a person
who transmits, with proper precautions any such article for the purpose of
having the same disinfected. (1) No person who is suffering from a dangerous disease
shall enter, or cause or permit himself to be carried in a public conveyance,
nor shall any other person knowingly cause or permit a person in his charge and
suffering from a dangerous disease or the dead body of any person who has died
from such disease to be carried in a public conveyance without-- (a) previously notifying to the owner, driver, or
person in charge of such conveyance that he or it is so infected; and (b) taking proper precautions against the spreading of
such disease. (2) Notwithstanding anything contained in any enactment
relating to public conveyance for the time being in force, no owner or driver
or person in charge of a public conveyance shall be bound to carry any person
suffering as aforesaid or any such dead body in such conveyance, unless payment
or tender of sufficient compensation for the loss and expenses he must incur in
disinfecting such conveyance is made to him. (3) No owner, driver or person in charge of a public
conveyance shall knowingly carry or permit to be carried in such conveyance any
person suffering as aforesaid any such dead body in contravention of
sub-section (1). (1) The owner driver or person in charge of any public
conveyance in which any person suffering from a dangerous disease or the dead
body of any person who has died of such disease has been carried shall
immediately take the conveyance for disinfection to a place appointed under
sub-section (1) of Section 279. (2) The person in charge of such place shall forthwith
intimate to the Health Officer the number of the conveyance and proceed to
disinfect the conveyance. (3) No such conveyance shall be used until the Health
Officer has granted a certificate stating that it may be used without causing
risk of infection. (1) The Corporation may provide and maintain suitable
conveyance for the free carriage of persons suffering from any dangerous
disease or of the dead bodies of persons who have died of any such disease. (2) When such conveyances have been provided, it shall
not be lawful, without the sanction of the Health Officer, to carry any such
person or dead body, in, or for any such person to cause himself to be carried
in, any other public conveyance. The
Commissioner may on being satisfied that it is in the public interest so to do,
by written order direct that any lodging-house or any place where articles of
food and drink are sold or prepared, stored or exposed for sale being a
lodging-house or place in which a case of a dangerous disease exists or has
recently occurred, shall be closed for such period as may be specified in the
order: Provided
that such lodging-house or place may be declared to be open if the Health
Officer certifies that it has been disinfected or is free from infection. In
the event of the city being at any time visited or threatened with an outbreak
of any dangerous disease, or in the event of any infectious epizootic disease
breaking our or being likely to be introduced into the city, the Corporation,
if it considers that the other provisions of this Act, or the provision of any
other enactment for the time being in force are insufficient for the purpose,
may, with the sanction of the Government-- (a) take such special measures; and (b) by public notice, prescribe such temporary rules to
be observed by the public or by any person or class of persons as it may deem
necessary to prevent the outbreak of such diseases or the spread thereof. If
the existing places for the disposal of the dead appear to the Corporation at
any time to be insufficient, it shall provide further proper and convenient
places for the purposes: Provided
that except with the written permission of the Government, no place shall be so
provided-- (a) if it has never previously been lawfully used for
the purpose; or (b) if having been formerly so used it is no longer so
used. (1) If after personal inspection, the Commissioner is
at any time of opinion that any place used for the disposal of the dead is or
is likely to become injurious to public health, he may submit his opinion with
the reasons therefor to the Corporation and the Corporation shall forward the
same with its opinion for the consideration of the Government. (2) Upon receipt of such an opinion the Government,
after such further inquiry as it deems fit to make, may by notification
published in the Gazette and in such newspaper as it may deem necessary, direct
that such place shall no longer be used for the disposal of the dead. (3) On the expiration of three months from the date of
any such notification, the place to which it relates shall no longer be used
for the disposal of the dead. (4) Private space set apart from burial may be exempted
from any such direction subject to such conditions as the Commissioner may
impose in this behalf, provided that the limits of such space are sufficiently
defined and that it shall only be used for the burial of members of the family
of the owners thereof. (1) If, after personal inspection, the Commissioner is
of the opinion that any place formerly used for the disposal of the dead which
has been closed under the provisions of this Act has by lapse of time, become
no longer injurious to health and may without risk or danger be again used for
the said purpose, he may submit his opinion with the reasons therefor to the
Corporation, which shall forward the same, with its opinion for the
consideration of the Government. (2) Upon receipt of such opinion the Government, after
such further enquiry as it deems fit to make, may, by notification in the
Gazette, direct that such place be reopened for the disposal of the dead. (1) No person shall, without the written permission of
the Commissioner-- (a) make any vault, grave or interment within any wall,
or underneath any passage, porch, portico, plinth or verandah, or any place of
worship; (b) make any interment or otherwise dispose of any
corpse in any place which is closed for the disposal of the dead under Section
287; or (c) build, dig or cause to be built or dug any grave or
vault, or in any way dispose of or suffer or permit to be disposed of, any
corpse, at any place other than a place for the disposal of the dead; or (d) exhume any body from any place for the disposal of
the dead, except under the provisions of Section 176 of the Code of Criminal
Procedure, 1898, or of any other enactment for the time being in force. (2) Such permission may be granted by the Commissioner
only and subject to such general or special orders as the Government may make
in this behalf. (3) An offence under this section shall be deemed to be
a cognizable offence for the purposes of Sections 149, 150 and 151 of the said
Code. (1) The Commissioner may. by public notice, prescribe
routes for the removal of corpses to burial or burning places. (2) Whoever carries a corpse along a route prohibited
by the Commissioner or in a manner likely to cause annoyance to the
public, [365][shall be punishable with
imprisonment which may extend to one month, or with fine which may extend to
one thousand rupees or with both]. (1) The Corporation may, and if so required by the
Government shall, within six months of the date of such requisition, direct the
Commissioner to draw up a town planning scheme, which may, among other things,
provide for the following matters, namely :-- (a) a direction that in any street, portion of a street
or locality specified in the Scheme the elevation and construction of the
frontage of all buildings thereafter erected or re-erected shall, in respect of
their architectural features, be such as may be fixed for the locality; (b) a direction that in any street, portion of a street
or locality specified in the scheme, there shall be allowed the construction
only detached or semi-detached buildings or both, and that the land appurtenant
to each building shall be of an area not less than that specified in the
scheme; (c) a direction that in any street, portion of a street
or locality specified in the scheme, the construction of more than a specified
number of houses on each acre of land shall not be allowed; (d) a direction that in any street, portion of a street
or locality specified in the scheme, the construction of shops, warehouses,
factories, huts or buildings of a specified architectural character or
buildings designed for particular purpose shall not be allowed; (e) a street line and a building line on either side or
on both sides of any street existing or proposed; (f) a standard plan, either for the division of land
into building sites, or for the location of buildings with a building site; (g) the amount of land which shall be transferred to
the Corporation for public purposes and public streets by owners of land on
payment of compensation; (h) the prohibition of building operations permanently
or temporarily when the reason of the situation or nature of the land, the
erection of buildings thereon would be likely to involve danger or injury to
health, or excessive expenditure of public money in the provision of roads,
sewers, water-supply or other public services; (i) regulating, in the interest of safety, the height
and portion of proposed walls, fences or hedges near the corner or bends of
streets; (j) limiting the number of prescribing the sites of new
roads entering a highway maintained by the government; (k) regulating, in respect of the erectain of any
building intended to be used for purposes of business or industry, the
provision of accommodation for loading, unloading or fuelling vehicles with a
view to prevention of obstruction of traffic on any highway; and (l) a direction that in any street, portion of a street
or locality specified in the scheme, the use of land for any purpose even
though not involving the erection of building shall not be inconsistent with the
provisions of this section with respect of buildings. (2) When a scheme has been drawn up under the
provisions of sub-section (1), the Commissioner shall give public notice of the
scheme and shall therein announce a dale not less than 30 days from the dale of
such notice by which any person may submit to the Commissioner in writing any
objection or suggestion with regard to the scheme which he may wish to make. (3) The Commissioner shall within fifteen days of the
date announced under the provisions of sub-section (2), forward to the [366][Mayor-in-Council]
the notice together with the objections or suggestions, if any, and his opinion
thereof. (4) The [367][Mayor-in-Council]
shall within fifteen days of the receipt of the documents relating to the
scheme, forward them to the Corporation together with the opinion of the
Commissioner and any comments which the [368][Mayor-in-Council]
may make. (5) The Corporation shall consider every objection or
suggestion with regard to the scheme and may modify the scheme in consequence
of any such objection or suggestion and shall then forward such scheme as
originally drawn up or as modified, together with the documents mentioned, in
sub-section (4) to the Government which may sanction the scheme or sanction it
with such modifications as it may think fit or may refuse to sanction it or may
return it to the Corporation for reconsideration and re-submission by a
specified date. (6) If the Corporation fails to submit a scheme within
six months of being required to do so under sub-section (1), or fails to
re-submit a scheme by a specified date when required to do so under sub-section
(5), or re-submits a scheme which is not approved by the Government, the
Government may draw up a scheme which shall be published within the limits of
the Corporation together with an intimation of the date by which any person may
submit in writing to the Government any objection or suggestion which he may
wish to make. The Government may sanction such scheme as originally published
or modified in consequence of any such objection or suggestion as the
Government may think fit. (7) Notwithstanding anything contained in the foregoing
sub-sections if the Corporation in case of scheme initiated by it, decides to
drop the scheme it shall intimate the Government accordingly. (8) The cost of such scheme, or such portion of the
cost as the Government may deem fit shall be paid from the municipal fund. (9) When sanctioning a scheme the Government may impose
the conditions for the submission of periodical reports on the progress of the
scheme to the Government, and for the inspection and supervision of the (10) No person shall erect or re-erect any building or
take any other action in contravention of any such scheme or of any rule or
bye-law made under the provisions of this Act. Notwithstanding
anything contained in Section 291, no town planning scheme shall be made by the
Corporation for any area for which a scheme has been sanctioned under the
provisions of Town Improvement Act. [370][(1) Any person who (a)
as a
colonizer intends to undertake the establishment of a colony in the area of
Municipal Corporation for the purpose of dividing the land into plots, with or
without developing the area, transfers or agrees to transfer gradually or at a
time, to person desirous of settling down on those plots by constructing
residential or non-residential or composite accommodation; or (b)
as a builder
constructs or causes to be constructed on any land in a municipal area, whether
held by him or any other person, independent buildings or a single building
with apartments; or converts or causes to be converted an existing building or
any part of such building into apartments, for the purpose of transfer by sale
or otherwise all or some of them to persons other than members of his family
and includes his assignees shall apply to the Commissioner for the grant of a
Registration Certificate. (2) On receipt of the
application for registration under sub-section (1) the Commissioner shall,
subject to the rules made in this behalf, either issue or refuse to issue the
Registration Certificate, within thirty days : Provided
that if the Commissioner refuses to issue the Registration Certificate, the
reasons for refusal shall be intimated to the applicant; [371][Provided further that an appeal may be filed before the Appeal
Committee constituted under Section 403 within 30 days from the date of rejection of application of registration by the Commissioner.] (3) The State Government shall
have power to make rules prescribing the form of application, amount of fees
for registration and other terms and conditions for issue of Registration
Certificate.][372] [373][(1) Section 292-A shall entitle the colonizer to undertake the
development of colonies in the municipal area subject to the provisions of this
Act, and the rules, made in this behalf and on the following conditions : (i)
In every
residential colony in the municipal area, out of the area of the developed
plots by the Coloniser, fully developed plots equal to fifteen percent of the
prescribed size shall have to be reserved for persons belonging to economically
weaker sections; (ii)
Such
coloniser who wishes to offer the constructed residential houses instead of
developed plots in his residential colony for the persons of the economically
weaker sections under clause (i) then they may make available the houses of the
prescribed size constructed in the prescribed area; (iii)
Such
colonizer, who do not wish to develop plots or construct houses for
economically weaker sections in his colony having an area as prescribed shall
have to deposit the shelter fee at such rate as may be prescribed in the
shelter fund; (iv)
In respect
of the land on which the Urban Land (Ceiling and Regulation) Act, 1976 was
applicable, the colonizer shall have to reserve developed plots of the
prescribed size in the prescribed area for the persons belonging to economically
weaker sections. (2) For the allotment of plots
or houses to the economically weaker sections, the procedure for the selection
of eligible persons and the determination of the cost of such plots or houses
shall be such as may be prescribed. (3) The permission of the
development shall be given by the Commissioner and appeal shall lie to the
State Government against the order of the Commissioner.] (1)
A Colonizer
who, in contravention of the provisions of Section 172 of the Madhya Pradesh
Land Revenue Code, 1959 (No. 20 of 1959) and the rules made thereunder, diverts
the land or part thereof, commits an offence of illegal diversion of land. (2)
A colonizer
who divides his lands into plots or the land of any other person with the
object of establishing a colony in breach of the requirements contemplated in
this Act or the rules made in this behalf, commits an offence of illegal
colonization. [374][(3) Whoever Commits or abets the commission of an offence of illegal diversion
or illegal colonization shall be punished with an imprisonment of not less than
three years and not more than seven years or with a minimum fine of ten
thousand rupees or with both. Such offence shall be a cognizable offence.] (4) Whoever constructs a building in an area of illegal diversion or
illegal colonization commits an offence of illegal construction. [375][(5) Whoever commits an offence of illegal construction shall be
punished with imprisonment of not less than three years and not more than seven
years or with a minimum fine of ten thousand rupees or with both. Such offence
shall be a cognizable offence.] [376][Whoever in the area of illegal diversion or illegal colonization (i)
being an
officer having power to sanction lay our or sanction a map for the construction
of a building, grants sanction or approves such lay out or the map; or (ii)
being an
officer or the authority competent to sanction electrical or water supply
connection grants such sanction with respect to the building in such area; or (iii)
being an
officer under a primary duty to do so knowingly omits to report illegal
diversion of land; or (iv)
being an
officer or an employee responsible to lake action against the illegal diversion
of land, fails to take action; or (v)
illegally
influences the officers aforesaid in granting such sanction or in omitting to
make a report of such illegal diversion of land, shall be punished with a
simple imprisonment which may extend to three years or with a fine which may
extend to ten thousand rupees or with both : Provided
that nothing contained in clause (v) shall apply to he case where the
Commissioner [377][***]
certifies that in the public interest there is no objection to provide
electrical and water supply connection to the building in the area of illegal
diversion or illegal colonization.] [378][(1) Notwithstanding anything contained in the Madhya Pradesh Land
Revenue Code, 1959 (No. 20 of 1959), the transfer or agreement to transfer of
plots made by a colonizer, in an area of illegal diversion or illegal
colonization shall be void. (2) The Commissioner shall cause
to be published a public notice three times in the local newspapers for the
purpose of taking over the management of land of illegal colonization. After
the publication of such notice if any objection is received from the colonizer
or the plot holder it shall be considered by the Commissioner and if no
objection is received then the Commissioner shall take over the management of
such land and cause the area to be planned and developed in such manner as may
be prescribed and allot the plots in such manner and subject to such conditions
as may be prescribed. (3) The allottee shall on
fulfillment of the conditions be deemed to be a valid transferee of the plot,
and the power of the Commissioner as manager of the plot shall come to an end. (4) Once the Commissioner takes
up the management of any colony it shall be deemed that the diversion of land
of such colony has been done and its use is in accordance with the master plan
of the city.] [379][The right, title and interest of the colonizer in the land under
illegal colonization, shall upon and from the date of taking over management of
the land under sub-section (2) of Section 292-E stand forfeited and vested in
the Corporation free from all encumbrances.] [380][Any officer or servant subordinate to the Commissioner who has been
authorised by him either to inspect, report, stop or to remove any construction
on illegal colonization knowingly omits to take action against such illegal
colonization or construction therein, forthwith or a police officer responsible
to provide police assistance for removal of illegal colonization or illegal
construction therein, does not provide adequate protection and support, shall
be punished with a simple imprisonment which may extend to three years or with
fine which may extend to ten thousand rupees or with both.] (1)
No person
shall (i)
erect or
re-erect any building; or (ii)
commence to
erect or re-erect any building; or (iii)
make any
material external alteration to any building; or (iv)
construct or
re-construct any projecting portion of a building which the Commissioner is
empowered by Section 305 to require to be set back or is empowered to give
permission to construct or re-construct: (a)
unless the
Commissioner has either by an order in writing granted permission or has failed
to intimate within the prescribed period his refusal of permission for the
erection or re-erection of the building or for the construction or
re-construction of the projecting part of the building; or (b)
after the
expiry of one year from the date of the said permission or such longer period
as the Commissioner may allow or from the end of the prescribed period, as the
case may be: Provided
that nothing in this section shall apply to any work, addition or alteration
which the Corporation may by bye-law declare to be exempt. (2)
If a
question arises whether a particular alteration in or addition to an existing
building is or is not a material alteration the matter will be determined by
the Commissioner. (3)
Any person
aggrieved by the order of the Commissioner in this behalf may appeal to the
district Court within thirty days of such order in the manner prescribed
therefor and the decision of the district Court shall be final. (1)
Every person
who intends to erect or re-erect a building shall submit to the Commissioner (a)
an
application in writing for approval of the site together with a site plan of
the land; and in the case of land which is the property of the Government or of
the Corporation, a certified copy of the documents authorising him to occupy
the land, and if so required by the Commissioner the original document or
documents; and (b)
an
application in writing for permission to build together with a ground plan,
elevation and section of the building and a specification of the work to be
done. (2)
Every plan
of any building to be constructed wholly or partly of masonry, submitted under
sub-section (1) shall, in token of its having been prepared by him or under his
supervision, bear the signature of a licensed surveyor. (3)
Every
document submitted under sub-section (1) shall be prepared in such manner and
shall contain such particulars as may be prescribed [381][by
bye-laws]. (4)
Nothing
herein contained shall require a person to comply with the provisions of clause
(b) of sub-section (1) until such time as the site has been approved by the
Commissioner or such person as he may appoint. (1)
The
Commissioner shall refuse to sanction the erection or re-erection of any
building in contravention of any scheme sanctioned under Section 291 or in
contravention of any rule or bye-law made under the provisions of this Act. (2)
The
Commissioner may refuse to sanction the erection or re-erection of any building
if in respect of the building there are sufficient reasons which shall be
communicated in writing to the applicant, why sanction should not be given, or
if the land on which it is proposed to erect or re-erect such buildings is
vested in the Government or in the Corporation and the consent of the
Government or the Corporation, as the case may be, has not been obtained, or if
the title to the land is in dispute between the applicant and the Corporation
or the Government. (3)
Notwithstanding
anything contained in sub-section (2) but subject to the provisions of
sub-section (10) of Section 291 if the Commissioner within thirty days of the
receipt from any person of a valid notice of such person's intention to erect
or re-erect a building, or within sixty days of such receipt if the notice
relates to a building on the same or part of the same site on which sanction
for the erection of a building has been refused within the previous twelve
months, neglects or omits to pass orders sanctioning or refusing to sanction
such erection or re-erection, such erection or re-erection, shall, unless the
land on which it is proposed to erect or re-erect such building belongs to or
vests in the Corporation, be deemed to have been sanctioned, except in so far
as it may contravene any [382][rule]
or bye-law or any town-planning scheme sanctioned under this Act or any other
enactment for the time being in force : Provided
that if an order granting or refusing such sanction is suspended under Section
421 the period specified by this sub-section shall commence to run afresh from
the date of communication of final orders under the said sanction by the
Government. The
Commissioner may on all or any of the following grounds refuse to approve the
site on which an applicant proposes to erect or re-erect any building (a)
that the
erection or re-erection of the proposed building on such site would be in
contravention of a town-planning scheme under Section 291 or of any other
provisions of this Act or of any other enactment for the time being in force;
or (b)
that the
site is in a portion within the limits of the City in which the position and
direction of the streets have not been determined, and that the building which
it is proposed to erect on such site will, in the opinion of the Commissioner,
obstruct or interfere with the construction in future of suitable streets in
such portion or with the drainage, water-supply or ventilation thereof: Provided
that any person to whom permission to erect or re-erect a building on such a
site has been refused may, by written notice to the Commissioner require that
the position and direction of streets to be laid down in future in the vicinity
of the proposed building should be forthwith determined, and if such
requisition is not complied with within one year from the date thereof, may,
subject to all other provisions of this Act applicable thereto, proceed with
the erection of his building; or (c)
that the
site has been re-claimed or used as a place for depositing sewage, offensive
matter or rubbish or the carcasses of dead animals or is otherwise insanitary
or dangerous to health; or (d)
that the
site is in a portion within the limits of the city for which a town-planning
scheme has not been sanctioned by the Government and that the building which it
is proposed to erect or re-erect on such site will, in the opinion of the
Commissioner, be likely to conflict in a manner, to be communicated in writing
to the applicant, with the provisions of a town-planning scheme : Provided
that any person to whom permission to erect or re-erect a building on such a
site has been refused may by written notice to the Commissioner, require that
the preparation of a town-planning scheme for the portion in which the site is
situated shall be proceeded with as early as possible and if the applicant is not
informed in writing within twelve months of the date of the requisition that
the Government have sanctioned the said town-planning scheme, he may, subject
to all the other provisions of this Act applicable thereto proceed with the
erection or re-erection of the building in respect of which the application was
made. (1)
The
Commissioner shall not grant permission to erect or re-erect any building
unless and until he has approved of the site thereof on an application under
Section 294. (2)
The
Commissioner shall not grant permission to erect or re-erect any building: (a)
if the plans
and specifications submitted with the application show that such building is
not in accordance with the town-planning scheme sanctioned under Section 291,
or with any provision of this Act, or any rule or bye-law made thereunder, or
any provision of any law for the time being in force; or [383][(a-1) if in his opinion the erection or re-erection of such building
would be a nuisance or injurious to the inhabitants of the neighbourhood to the
public; or] (b)
unless and
until any plans, specifications or particulars called for by him are supplied. Every person
who intends to erect a new building or executes any such work as is described
in Section 294, shall erect the building or execute the work in such manner,
under such supervision, through such qualified agency, and subject to such
conditions and restrictions as may be prescribed by the bye-laws. The
Commissioner may before any work has been commenced in pursuance of any
permission granted by it under [384][Section
293] revoke such permission and may give fresh permission in lieu thereof on
such conditions, in accordance with this Act and the rules, and bye-laws made
thereunder, with reference to the matters mentioned in the [385][said
section] as it thinks proper, and may direct that the work shall not be
proceeded with unless and until all questions connected with the respective
location of the building and any street have been decided to its satisfaction. [386][If it is found that any permission for construction of a building has
been given in violation of any provision of this Act or Rules or bye-laws made
thereunder or in the opinion of the State Government it is necessary in the
Public interest that the permission granted by the Municipal Corporation
deserves to be cancelled or revised] the State Government shall have power to
cancel or revise such permission and on such cancellation or revision, as the
case may be, any construction contrary to the order regarding cancellation or
revision shall be deemed to be without permission and shall be dealt with in
accordance with the provisions of this Act and the rules made thereunder : Provided
that no such order shall be passed unless the aggrieved party has been given an
opportunity of being heard.]][387] Every
sanction for the erection or re-erection of any building shall remain in force
for one year only from the date of such sanction, or for such longer period as
the Commissioner may have allowed when conveying sanction under Section 293. If
the erection or re-erection of the building is not commenced within one year
and completed within two years or such longer period as may have been allowed
by the Commissioner the sanction shall be deemed to have lapsed; but such lapse
shall not bar any subsequent application for fresh sanction under the foregoing
provision of this Act. (1)
Every person
who (i)
erects or
re-erects any buildings; or (ii)
makes any
material external alteration in or addition to any existing building; or (iii)
constructs
or re-constructs any projecting portion of a building which the Commissioner is
empowered under Section 305 require to be set back or is empowered to give
permission to construct or re-construct; shall within one month of the
completion of the work deliver to the Commissioner at his office a notice in
writing of such completion and shall give to the Commissioner all necessary
facilities for the inspection of such work. (2)
Within seven
days after the receipt of the said notice the Commissioner shall depute an
officer to commence the inspection of such work. (3)
Within seven
days from the date of commencement of such inspection the Commissioner shall (a)
give
permission for the occupation of the building erected or for the use of the
part of the building re-erected; or (b)
refuse such
permission in case such erection, construction or re-construction is in
contravention of any provision of this Act or any rule or bye-law made
thereunder or any other enactment for the time being in force. (4)
No person
shall occupy or permit to be occupied any such building or use or permit to be
used any part affected by the re-erection of such building (a)
until the
permission referred to in clause (a) of sub-section (3) has been granted in
the [388][manner
prescribed by bye-laws;] (b)
unless the
Commissioner has failed for fifteen days after the receipt of notice of
completion to intimate his refusal to grant the said permission. (1)
In any case
in which the erection commenced is being carried on unlawfully as mentioned in
Section 307, the Commissioner may by written notice require the building
operations to be discontinued from the date of service of such notice. (2)
Any person
failing to comply with the terms of such notice shall be punishable with a fine
which may extend to [389][five
thousand rupees] and if he fails to comply with the terms of such notice after
the first day of his failure so to do, with further fine which may extend
to [390][two
hundred rupees] for every such day after the first. (1)
If any
person contravenes any provision of sub-section (4) of Section 301 or Section
302 or disobeys any direction of the Commissioner made thereunder, the
Commissioner after giving twenty-four hours notice shall direct all persons
engaged in any capacity in the work of erecting or re-erecting the building in
question or part thereof or constructing or re-constructing any projecting
portion thereof or occupying or using such building or part thereof to remove
themselves and shall take such measures as will prevent any one such persons
from again entering into or remaining upon such building or part thereof except
with his permission : Provided
that any person occupying or using such building or part thereof either as
tenant or as owner in contravention of sub-section (4) of Section 301 shall not be directed to remove himself unless he has been
served by the Commissioner with one week's notice in writing requiring him to
vacate: Provided
further that if in the opinion of the Commissioner there is imminent danger to
human life, the Commissioner may require such building or part thereof to be
vacated immediately. (2)
The
Commissioner shall, on the application of any person who has vacated any
premises in pursuance of a notice under sub-section (1), reinstate such person
in the premises on the withdrawal of such notice, unless it is in his opinion
impracticable to restore substantially on the same terms of occupation by
reason of any structural alteration or demolition. (3)
All
expenditure incurred in the enforcement of the provisions of this section may
be recovered from the person offending. (1)
No building
shall be erected for a temporary purpose without the sanction of the
Commissioner, or otherwise than in accordance with any bye-laws made in this
behalf under this Act. (2)
If any
building erected for a temporary purpose is not used strictly for such purpose
and in accordance with any bye-laws made under this Act or is erected without
the sanction of the Commissioner, the building may be demolished by the
Commissioner at the expenses of the owner thereof, whether he is prosecuted
under this Act or not. (1)
If any part
of a building projects beyond the regular line of a public street, either as
existing or as determined for the future or beyond the front of immediately
adjoining buildings the Corporation may (a)
if the
projecting part is a verandah, step or some other structure external to the
main building, then at any time; or (b)
if the
projecting part is not such external structure as aforesaid, then whenever the
greater portion of such building or whenever any material portion of such
projecting part has been taken down or burned down or has fallen down, require
by notice either that the part or some portion of the part projecting beyond
the regular line or beyond the front of the immediate adjoining building, shall
be removed, or that such building when being rebuilt shall be set back to or
towards the said line or front; and the portion of land added to the street by
such setting back or removal shall henceforth be deemed to be part of the
public street and shall vest in the Corporation : Provided
that the Corporation shall make reasonable compensation to the owner for any
damage or loss he may sustain in consequence of his building or any part
thereof being setback. (2)
The
Corporation may, on such term as it thinks fit, allow any building to be set
forward for the improvement of the line of the street. (1)
No
compensation shall be claimable by an owner for any damage which he may sustain
in consequence of the prohibition of the erection of any building. (2)
The
Corporation shall make reasonable compensation to the owner for damage or loss
which he may sustain in consequence of the prohibition of the re-erection of
any building or part of a building except in so far as the prohibition is
necessary under any rule or bye-law : Provided
that the Corporation shall make full compensation to the owner for any damage
he may sustain in consequence of his building or any part thereof being set
back unless for a period of three years or more immediately preceding such
notice the building has by reason of its being in a ruinous or dangerous
condition become unfit for human habitation or unless an order of prohibition
issued under Section 286 has been and still is in force in respect of such
building. (3)
The
Corporation shall make reasonable compensation to the owner for any damage or
loss which he may sustain in consequence of the inclusion of his land in a
public street but in assessing such compensation, regard shall be had to the
benefits accruing to that owner from the development of the land belonging to
him and affected by such street. (1)
If any
building is erected or re-erected in contravention of any town planning scheme
mentioned under Section 291 or of any building bye-laws made under Section 427,
the Commissioner without prejudice to his right to take proceedings for a fine
in respect of the contravention, may by notice require the owner either to pull
down or remove the work or, if he so elects, to effect such alteration therein
as may be necessary to make it comply with the said scheme or bye-laws. (2)
If a
building is erected or re-erected (a)
without any
sanction as required by Section 293 (1); or (b)
when
sanction has been refused; or (c)
in
contravention of the terms of any sanction granted; or (d)
when
sanction has lapsed under Section 300, the Commissioner, unless he deems it
necessary to take proceedings in respect of such building or work under Section
294, shall (a)
by written
notice, require the person who is erecting such building or executing such work
or has erected such building or executed such work on or before such day as
shall be specified in such notice, by a statement in writing subscribed by him
or by an agent duly authorised by him in that behalf and addressed to the
Commissioner, to show sufficient cause why such building or work shall not be
removed, altered or pulled down; or (b)
shall
require the said person on such day and at such time and place as shall be
specified in such notice to attend personally or by an agent duly authorised by
him in that behalf, and show sufficient cause why such building or work shall
not be removed, altered or pulled down. (3)
If such
person shall fail to show sufficient cause, to the satisfaction of the
Commissioner, why such building or work shall not be removed, altered or pulled
down, the Commissioner may remove, alter or pull down the building or work and
the expenses thereof shall be paid by the person. (4)
If the plans
are [391][approved]
by the Commissioner and the approval is communicated to the person intending to
build the house or if the plans are rejected by the Commissioner but no notice
of their rejection is given to person intending to build the house within the
prescribed period it shall not be open to the Commissioner to give a notice
under sub-sections (1) and (2) on the ground that the building is erected or
re-erected in contravention of any scheme or bye-laws or any other requirements
under this chapter. (5)
Nothing in
this section shall affect the right of the Corporation or any other person to
apply to the District Court for an injunction or the removal or alteration of
any building on the ground that it contravenes any provisions of this Act or
the bye-laws made thereunder, but if the building is one in respect of which
plans have been deposited and the plans have been passed by the Commissioner,
or notice that they have been rejected has not been given within the prescribed
period after the deposit thereof, and if the work has been executed in
accordance with the plans, the District Court on granting an injunction shall
have power to order the Corporation to pay to the owner of the work such
compensation as the District Court thinks just, but before making any such
order the District Court cause the Commissioner if not a party to be joined as
a party to the proceeding. (1)
II there
shall be reasonable ground for suspecting that in the erection of any such
building or in the execution of any such work as is referred to in Section 307
anything has been done, contrary to any provision of this Act or of any rule or
bye-law, or that anything required by any such provision, rule or bye-law to be
done has been omitted to be done; and if, on inspecting such building or work,
it is found that the same has been completed or is too far advanced to permit
of any such fact being ascertained, the Commissioner may with the approval of
the [392][Mayor-in-Council], by a written notice require the person who has
erected such building or executed such work or is erecting such building or
executing such work to cause so much of the building as prevents any such fact
being ascertained to be cut into, laid open or pulled down to a sufficient
extent to permit of the same being ascertained. (2)
If it shall
thereupon be found that in the erection of such building or the execution of
such work nothing has been done contrary to any provision of this Act or of any
rule or bye-law, and that nothing required by any such provision, rule or
bye-law to be done has been omitted to be done, compensation shall be paid by
the Commissioner to the person aforesaid for the damage and loss incurred by
cutting into, laying open or pulling down the building or work. [393][Notwithstanding anything contained in this Act or any other Act, for
the time being in force or any rules or bye-laws made thereunder, the
Commissioner may compound the offence of constructing buildings without
permission or contrary to the permission granted, if (a)
such
construction does not affect the regular building line; (b)
the
unauthorised construction made in the marginal open spaces or in excess of the
prescribed floor area ratio does not exceed ten percent of the prescribed floor
area ratio; (c)
such
construction does not come within the area notified by the State Government as
a hill station or a place of tourist importance or sensitive from the point of
ecology; (d)
such
construction does not come within the area specified for parking of vehicles; (e)
such
construction does not come within the boundary of roads or within the area
affecting alignment of public roads; (f)
such
construction does not come within the area specified for Tanks (Talab). (g)
such
construction does not come within thirty metres or such further distance from
the river bank as may be specified in the master plan of the concerned town; (h)
such
construction does not come within the area of any nallah and water stream:][394] [395][Provided that in compounding the cases, fees shall be charged, as under
in respect of the area of unauthorized construction on the basis of the rate of
sale of land determined by the Collector of stamps for the area concerned. (a)
If the
construction relates to a plot of one hundred square meter, ten percent of the
rate of sale in respect of residential buildings and fifteen percent of the
rate of sale in respect of non-residential houses/buildings. (b)
If the
construction relates to a plot exceeding one hundred square meter but does not
exceed two hundred square meter, twenty percent of the rate of sale in respect
of residential building and thirty percent of the rate of sale in respect of
non-residential buildings. (c)
If the
construction relates to a plot exceeding two hundred square meter but does not
exceed three hundred fifty square meter, thirty percent of the rate of sale in
respect of residential buildings and forty five percent of the rate of sale in
respect of non-residential buildings. (d)
If the
construction relates to a plot exceeding three hundred fifty square meter,
forty percent of the rate of sale in respect of residential building and sixty
percent of the rate of sale in respect of non-residential buildings : [396][Proviso......Omitted] Provided
also that nothing contained in this Section shall apply to any person who does
not have any right over the building or the land on which the construction has
been made.] [397][(1) Notwithstanding anything contained in Section 308-A or any other
provisions of this Act or any other law for the time being in force, the
Commissioner may, on the application made in this behalf by order, compound the
cases involving deviations from the approved plan or map, or construction made
without permission by collecting compounding fee at such rate as may be
determined by the State Government. (2) The application under
sub-section (1) shall be made within 90 days from the date of the commencement
of [398][the
Madhya Pradesh Nagar Palik Vidhi (Sanshodan) Adhiniyam, 2005] and the
Commissioner shall, after making such
enquiry as he deems fit decide all applications received under sub-section (1)
within six months from the date of receipt. If the Commissioner fails to decide
the applications received under sub-section (1) within the aforesaid period he
will be deemed to be guilty of dereliction of duty and liable for disciplinary
action. (3) Upon the issue of the order
under sub-section (1), permission shall be deemed to have been granted under
this Act and the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 and the
rules and bye-laws made thereunder. (4) Nothing contained in
sub-section (1) shall apply to any application by any person who does not have
any right over the building or the land on which the construction has been made
or to any application in respect of any building erected or constructed in any
of the following areas: (i)
area
notified by the State Government as a hill station or a place of Tourist
importance or as sensitive/fragile from the point of ecology; (ii)
area
specified for parking of vehicles; (iii)
area coming
within the Road or area affecting alignment of Public Roads; (iv)
area
specified for tanks (Talab) : [399][Provided........Omitted.] (v)
area of
construction affecting regular building line.] (vi)
[400][area of construction coming within thirty metres or such further
distance form the river bank as may be specified in the master plan of the
concerned town; (vii)
area of any
nallah and water stream.] (1)
If it
appears to the Commissioner that any building intended or used for human
habitation or human occupation for any purpose whatsoever is unfit for such
habitation or occupation, he shall give notice in writing to the occupier or to
the owner, if the building is not occupied, stating that the building is unfit
and signifying his intention to prohibit the further use of such building for
such purposes, and calling upon the occupier or owner to state in writing his
objections to such prohibition within thirty days from the receipt of the
notice. If no objection is stated by such occupier or owner within the said
period, or if the objection stated appears to the Commissioner to be
insufficient or not well founded, he may, with the previous approval of the [401][Mayor-in-Council] prohibit by an order in writing the further use of
such building for human habitation or occupation and shall affix a notice to
that effect on a conspicuous part of such building : Provided
that, before such order is given, the occupier or owner of the building shall
be given an opportunity of appearing before the [402][Mayor-in-Council]
in person or by an agent in support of his objection. (2)
Notice of
such prohibition shall be served upon the owner of any building affected
thereby and also upon every occupier or user thereof, specifying a period, not
being less than fourteen days from the date of service of such notice, within
which every such person shall remove himself and his removable property from
the said building; and if within the period so specified any such person fails
to remove himself and his property as aforesaid, the Commissioner may cause him
and his property to be removed and may recover from him the cost of such
removal. (3)
When a
building has been vacated by removal under sub-section (2), the Commissioner
shall affix a notice to the building in the [403][manner
prescribed by bye-laws] and no person except with the permission in writing of
the Commissioner and in accordance with the terms and conditions of such
permission, shall without sufficient cause enter into or remain in such
building. (4)
Whenever the
Commissioner is of opinion that any building intended or used for human
habitation is unfit for [404][such
habitation or occupation] and the Commissioner considers that it can be
rendered fit for human habitation or occupation by structural alterations or
repairs, he may by a notice in writing call upon the owner to execute within a
period of six months from the date of receipt of such notice, such structural
alterations or repairs as he deems necessary, and if at the expiry of the
aforesaid period such alterations or repairs have not been executed to his
satisfaction, he shall issue to the owner a notice in writing ordering the
demolition of such building within a period of thirty days from the receipt of
the notice or such longer period as the Commissioner may specify. (5)
Whenever the
Commissioner is of the opinion that the building cannot be rendered fit for
human habitation or occupation he may, with the previous approval of the [405][Mayor-in-Council],
by a notice in writing call upon the owner to demolish it within a period of
thirty days from the receipt of such notice or such longer period as the
Commissioner may specify. (6)
If at the
expiry of the said period an order to demolish a building given under
sub-section (4) or sub-section (5) has not been complied with, the Commissioner may with the previous approval of the [406][Mayor-in-Council],
direct, by an order in writing, the demolition thereof by any municipal
officer, servant or contractor. The materials of the building so demolished
shall thereupon be sold by public auction and the proceeds of the sale shall be
made over to the owner after deducting the cost of demolition and sale. If the
amount realised is not sufficient to cover the cost of the demolition and sale,
the balances if any shall be recovered from the owner : Provided
that, before such an order is given, the owner of the building hall be given an
opportunity of appearing before the [407][Mayor-in-Council]
in person or by agent, and of showing cause why such order should not be given. (7)
Any person aggrieved
by the decision of the Commissioner under subjection (4), (5) or (6) may within
a period of one month, appeal to the District Court. (8)
If any
building in respect of which an order under this section has been given is held
under a lease, the lease shall be avoidable at the option of the lessee with
effect from the date on which the lessee has to remove himself and his
property. (1)
If, in the
opinion of the Commissioner, any building, wall, structure including under this
expression any building, wall, parapet, pavement, floor, steps, railings, door
or window-frames or shutters or roof or other structure and anything affixed to
or projecting from or resting on any building, wall, parapet or other structure,
or any tree standing thereon, is in dangerous state, the Commissioner may by a
notice in writing, require the occupier or owner thereof forthwith either to
demolish or remove the building, wall, structure or any such tree or cause such
repairs to be made thereto as he considers necessary for the public safety; and
if the danger appears to him to be imminent, he may forthwith take such steps
as may be required to avert such danger, including the forcible removal without
notice from such building of all the occupiers thereof and their property. (2)
Any expenses
incurred by the Commissioner under sub-section (1) shall be paid by the owner
of the building, wall, structure, or anything affixed thereto. (3)
Except with
the permission in writing of the Commissioner no person shall without
sufficient cause enter into or remain in any building from which the occupier
and his property has been removed under sub-section (1). If it
appears to the Commissioner that any building or structure has been abandoned
or is unoccupied and has become a resort of disorderly persons or is by reason
of its condition seriously detrimental to the amenities of the neighbourhood,
the Commissioner may give a written notice to the owner of such building or
structure if he is known and found to be a resident within the limits of the
Corporation, or to any person who is known or believed to claim to be owner, if
such person is resident within the limits of the Corporation and shall affix a
copy of the notice on some conspicuous part of the building or structure
requiring all persons having any right or interest therein to take such order
with the said building or structure as may, in the opinion of the Commissioner,
be necessary to prevent the same from being resorted to as aforesaid or from
being seriously detrimental to the amenities of the neighbourhood. (1)
If for any
reason it appears to the Commissioner that the level of the site on which it is
proposed to erect or re-erect a building is likely to become insanitary or
likely to be a source of nuisance, he shall give to the owner of the site
proposed to be built upon, a notice in writing, calling upon him to show-cause
in writing within thirty days after the receipt of such notice why the site
should not be reclaimed with such materials and raised to such height and
within such period not being less than six months from the date of the notice,
as the Commissioner thinks fit and in the notice the Commissioner shall specify
the cost at which the site can be reclaimed and raised by municipal agency if
the owner desires to employ that agency. (2)
If no
objection is stated within such period, as aforesaid, or if any objection which
is stated appears to the Commissioner to be insufficient or not well founded,
he may by a notice in writing, direct such owner or occupier (a)
to reclaim
and raise the site within the specified period; or (b)
within
thirty days after the receipt of the said notice to pay to the Commissioner the
estimated cost of reclaiming and raising the site by municipal agency. (3)
In any case
in which the estimated cost of the reclamation has not been paid to the Commissioner,
and the owner still proposes to erect the building and fails to commence the
reclamation within three months of the receipt of the notice under sub-section
(2), or if fails to raise the site to the specified height with the specified
materials within the specified period, the Commissioner may recover from him
the estimated cost as stated in the notice issued under sub-section (1), or so
much thereof as the Commissioner considers necessary to complete the work and
shall carry out and complete the work. (1)
[408][If any building so situate as to be inaccessible to a fire-engine or as
to cause obstruction to a fire-engine from reaching other buildings is
demolished or destroyed by fire or otherwise, the Commissioner may by a notice
in writing addressed to the owner of the building demolished or destroyed as
aforesaid, direct that no building shall be erected which would be inaccessible
to a fire-engine or which would cause obstruction to a fire-engine from
reaching other buildings. (2)
No person
shall erect or re-erect any building in contravention of a notice under
sub-section (1).] If it
appears to the Commissioner that any stones, rafters, building materials or
debris of building materials stored or collected in or upon any premises in
such quantity or bulk or in such a way as to constitute a harbourage or
breeding place for rats or other vermin or is otherwise a source of danger or
nuisance to the occupiers of the said premises or to persons residing in the
neighbourhood thereof, the Commissioner may by a written notice require the
owner of such premises, or the owner of the materials or debris so stored or
collected therein, to remove or dispose of the same or to take such order with
the same as may, in the opinion of the Commissioner, be necessary or expedient
to abate the nuisance or prevent a recurrence thereof. (1)
The owner of
a building shall, within a period of seven days of the receipt of a written
notice from the Commissioner, supply such information with respect to such
building or its occupants as the Corporation may prescribe [409][by
bye-laws.] (2)
The occupier
of a building occupied as a separate tenement shall on like notice and within
the like period supply such information as may be prescribed with respect to
such building as aforesaid which is in his occupation. (1)
Should the
owner part-owner, or occupier of any building suffer the same to be in a filthy
or unwholesome state, the Commissioner may by a notice require him within
twenty-four hours to cleanse the same or otherwise put it in a proper state and
thereafter to keep it in a clean and proper state and if it appears to be
necessary for sanitary purposes so to do, may, at any time by a notice, direct
the occupier of any building to lime-wash or otherwise cleanse the said building
inside and outside in the manner and within a period to be specified in the
notice. (2)
If the
Commissioner is of the opinion that the cleansing or disinfecting of a building
or any part, thereof, or of any article therein, which is likely to retain infection,
will tend to prevent or check the spread of any disease, he may by a notice
require the owner or occupier to cleanse or disinfect the same in the manner
and within the period to be specified in the notice. For the
purpose of this chapter the expression 'building' includes a part of a
building. Chapter XXVI - STREETS Public
Streets (1)
The
Corporation may with the previous sanction of the Government permanently close
the whole or any part of a public street : Provided
that no such street or part thereof shall be closed unless for a period of not
less than one month before the date of the meeting of the Corporation at which
the matter is to be decided, a notice has been posted in the street or part thereof which it is proposed to close informing the
residents of the proposal and until any objections to the proposal made in
writing at any time before the day of the said meeting have been received and
considered by the Corporation. (2)
When any
public street or part thereof is permanently closed under sub-section (1), the
site of such street, or of the part thereof which has been closed, may be
disposed of, subject to the provisions of Section 80 as land belonging to the
Corporation. [410][(1) Without the previous permission in writing of the Commissioner no
person shall lay on, under or above any public street any railway or tramway or
erect or lay any poles or cables or the like, or operate the same. (2) The Commissioner shall give
such permission in accordance with any general or special rules which may be
made by the Government after considering any representation made by the
Corporation. (3) Nothing in this section
shall be deemed to affect any provision of the Indian Telegraph Act. 1885 (13
of 1885), the Indian Tramways Act, 1886 (11 of 1886), The Indian Railways Act.
1890 (9 of 1890), or the Indian Electricity Act. 1910 (9 of 1910).] (1)
Except with
the previous permission of the Commissioner and in accordance with such terms
and conditions, including the payment of rent, as he may impose, no person
shall erect, add to, set up or place against or in front of any premises any
structure or fixture or obstruction which will (a)
overhang or
project into or encroach upon or in any way obstruct the passage of the public
along any street; or (b)
project into
or encroach upon or cover any drain or open channel in any street so as to
interfere in any way with the use or proper working of such drain or channel or
to impede the inspection or cleansing thereof. (2)
The
Commissioner may, by a written notice, require the owner or occupier of any
premises to take such order as he may direct with any structure, fixture, or
covering which has been erected, set up or placed against or in-front of the
said premises in contravention of this section. (3)
Any rent
payable under this section shall be recoverable under Chapter XII of this Act. When any
person has been convicted under Section 434, the Commissioner may (a)
by a notice,
require such person to remove the overhanging structure, encroachment or obstruction and where necessary, to restore
the street, drain or channel to the condition it was in before the
encroachment; and (b)
if the
requirement is not complied with within the time fixed in the notice, have the
required act done by his subordinate officers at the expenses of such person
and recover the cost of required act from such person as an arrear of tax under
Chapter XII of this Act. (1)
The
Corporation or the Commissioner shall not in respect of any street vested in
the Government grant permission to do any act the doing of which without the
permission of the Corporation or the Commissioner is punishable under this Act
or the rules or bye-laws made thereunder except with the previous sanction of
the Government which may accord its sanction either generally or in particular
case. (2)
The
Corporation or the Commissioner shall, if so required by the Government
exercise in respect of such streets, all or any of the powers conferred by this
Act upon the Corporation or the Commissioner as the case may be. No title to
any land belonging to or vested in the Government or the Corporation shall be
deemed to have been acquired by reason only that the footing of the foundations
of any building, wall or other structure project or have projected below the
surface of such land. [411][(1) No person shall, except with the written permission of the
Commissioner granted in this behalf and in accordance with such conditions
including the payment of rent or fee, as he may impose either generally or
specially in this behalf : (a)
erect or set
up any wall, fence, rail, post, step, booth or other structure whether fixed or
movable or whether of a permanent or temporary nature, or any fixture in or
upon 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. (b)
deposit upon
any street or upon any open channel, drain or well in any street or upon any
public place, any stall, chair, bench box, ladder, bale or other thing
whatsoever, so as to form an obstruction thereto or encroachment thereon. (2) Whoever contravenes any
provision of sub-section (1) shall be punished with imprisonment for a term
which may extend to six months or with fine which may extend to five thousand
rupees or with both and with further fine which may extend to one hundred
rupees for every day on which such contravention continues after the date of
first conviction for such offence. (3) Without prejudice to the
action under sub-section (2), the Commissioner notwithstanding anything
contained in this Act, may after giving such notice as may be prescribed, cause
to be removed any obstruction or encroachment as described in clause (a) and
(b) of sub-section (1). (4) Any of the things caused to
be removed by the Commissioner under sub-section (3), shall, unless the owner
thereof turns up to take back such things and pays to the Commissioner the
charges for the removal and storage of such things, be disposed of by the
Commissioner by public auction or in such other manner and within such time as
the Commissioner thinks fit. (5) The Police Officer shall not
investigate into the offence under this section except on a report made in
writing in this behalf by the Commissioner.] [412][(1) Every officer in charge of a Ward Committee or such other officer
or servant to whom the duties have been assigned to maintain record of open
land or public places belonging to the Corporation shall be responsible to
submit reports of occurrence of any encroachment. (2) The Commissioner on receipt
of report under sub-section (1) shall take action to remove such encroachment
as soon as possible. (3) If the officer or servant in
charge responsible to keep watch over the encroachments, fails to inform the
Commissioner within one month from the date of occurrence of encroachment, such
officer or servant shall be deemed to be guilty of dereliction of his duties
and disciplinary action shall be taken against such officer or servant. (4) The Commissioner shall
inform the Mayor-in-Council every month about the states of encroachment on
open land or public places belonging to the Corporation, the action taken or
proposed to be taken in respect of them and the name of officers and servants
found guilty of dereliction of duties as envisaged under sub-section (3).) (1)
Except in
such cases as the Government may by general or special order exempt from the
operation of this section, no person shall, except with the permission of the
Commissioner and in accordance with such terms and conditions, including
payment of rent or otherwise, as the Commissioner may impose either generally
or in each special case (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
Corporation; or (b) deposit
any building material in any street or in any open space vested in the
Corporation; or (c) set up
in any street or in any open space vested in the Corporation any scaffold or
any 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. (2)
Any
permission granted under clause (b) or (c) of sub-section (1) shall be
terminable at the discretion of the 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. (3) The Commissioner may without notice (a)
cause the
soil or pavement or any wall, fence, post, channel or other material forming
part of the street to be restored to the condition it was in before any opening
or breaking up or displacement, or alteration or damage made or done without
the permission of the authority specified in sub-section (1); (b)
cause to be
removed any building materials, 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 or in any open space vested in the
Corporation without any permission of the authority specified in sub-section
(1) or which, having been deposited or set up with such permission, have not
been removed within the period specified in the notice issued under sub-section
(2) and recover the costs of such restoration or removal from the offender. If any door,
gate, bar or window on the ground floor of any premises opens outwards upon a
street or upon any land required for the improvement of a street in such a
manner as, in the opinion of the Commissioner, to obstruct the safe or
convenient passage of the public along such street, the Commissioner may at any
time by a written notice require the owner of the said door, gate, bar or
window altered so as not to open outwards. (1)
If any such
structure, fixture or covering as is described in Section 318 has already been
erected, set up or placed against or in front of any premises, the Commissioner
may give notice under sub-section (2) of the said section to the owner of the
said premises. (2)
If the owner
or occupier of the building proves that any such structure, fixture or covering
was authorised by any law previously in force or that it was erected with the
consent of any Corporation authority duly empowered in that behalf, the
Corporation shall, after such structures have been removed, make reasonable
compensation to every person who suffers damage by the removal or alteration
thereof. (1)
Every person
who intends (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; (b)
to divide
land whether unbuilt or partly build into building plots; (c)
to use any
land or a portion thereof or permit the same to be used for building purposes;
or (d)
to make or
lay out a private street, whether it is intended to allow the public a right of
passage or access over such street or not: shall give written notice of his intention to the Commissioner and
shall, along with such notice, submit plan and sanction showing the situation
and boundaries of such building land and the site of the private street, if
any, and also the situation and boundaries of all other lands of such person of
which such building, land or site forms a part and the intended development laying
out and plotting of such building, land including the dimensions and area of
each building plot and also the intended level, direction, width, means of
drainage, paving, metalling and lighting of such private streets, the
provisions, for planting and rearing of trees beside such private street, and
the height and means of drainage and ventilation of the building or buildings
proposed to be erected on the land, if any building when erected will not abut
on a street than already existing or than intended to be made as aforesaid the
means of access from and to such building and the manner of paving, metalling,
draining and lighting of such means of access. (2)
Commissioner
may call for further particulars.If any notice under sub-section (1) does not
supply all the information which the Commissioner deems necessary to enable him
to deal satisfactorily with the case or if any such notice given for any of, or
all the purposes mentioned in clauses (a), (b), (c) of sub-section (1) does not
contain any proposal or intention to make or lay out a private street, he may,
at any time within thirty days after receipt of the said notice, by written
notice require the person who gave the said notice (a)
to furnish
the required information together with all or any of the documents specified in
the [413][bye-laws];
or (b)
to revise
any or all the schemes submitted under the said clause (a), (b) or (c) so as to
provide for the making or laying out of a private street or streets of such
width or widths as he may specify in addition to or in substitution of any
means of excess proposed to be provided in such scheme or schemes and to
furnish such further information and documents relating to the revised scheme
or schemes as he may specify. The level,
direction, width, and means of drainage of every new street and the height and
means of drainage of the buildings to be erected on each side thereof shall be
fixed and determined by the Commissioner. (1)
No person
shall make or lay out any new street or erect any building or either side
thereof otherwise than in accordance with the direction of the Commissioner
under Section 327. (2)
If any such
new street be made or laid out, or if any building on either side of any such
street be erected by any person in contravention of this section, the
Commissioner may, by a written notice require the said person to make a
statement in writing subscribed by him in that behalf and addressed to the
Commissioner to show-cause on or before such date as may be specified in such
notice why such street or building should not be altered to the satisfaction of
the Commissioner, or if that is impracticable, why the same should not be
demolished or removed; or may require the said person on such day and at such
lime and place as may be specified in such notice to appear before the
Commissioner, as the case may be, either personally or by an agent and to show
cause as aforesaid. (3)
If such
person fails to show sufficient cause as aforesaid, the Commissioner may cause
the street or building to be so altered or to be demolished or removed [414][land]
may recover the expenses thereof from the said person. [415][(1) If any street be not levelled, paved, lighted, severed, drained,
channelled or flagged to the satisfaction of the Commissioner, he may, with the
approval of the [416][Mayor-in-Council]
by a written notice, require the owner or owners of the street and the owners
of the several premises fronting or adjoining the said street, or abutting thereon, or to which access is obtained through such
street, or which will benefit by works executed under this section, to
contribute within thirty days from the date of receipt of notice in such
proportions as he may direct to the cost of levelling, metalling, tarring or
asphalting, paving, lighting, sewering, draining, or flagging the same. (2) The notice shall show (a)
the nature
of the intended works; (b)
the
estimated expenses thereof including 5 percent for contingencies; (c)
the
proportion of the expenses payable by each owner. (3) Any person dissatisfied with
the notice of the Commissioner calling upon him to contribute towards the cost
may appeal to the Revenue Commissioner and the decision of the Revenue
Commissioner thereon shall be final. (4) Every such appeal shall be
presented within thirty days from the date of the receipt of the notice issued
under sub-section (1) and shall be accompanied by a copy of the said notice
subject to order that may be passed in appeal, the notice issued under
sub-section (1) shall be final. (5) The provisions of Part II
and III of Limitation Act, 1963 (No. 36 of 1963) relating to appeals shall
apply to every appeal preferred under this section. (6) If the person on whom a
notice is served under sub-section (1), does not within thirty days of the
receipt of such notices : (a)
pay the sum
demanded in the notice; or (b)
show-cause
to the satisfaction of the Commissioner why he should not pay the same; or (c)
prefer an
appeal in accordance with the provisions of sub-section (3), such sum with all
costs of recovery may be recovered under a warrant in the form prescribed by
bye-laws signed by the Commissioner (i)
by distress
and sale of the movable property belonging to such person; (ii)
by
attachment and sale of the immovable property belonging to him: Provided
that where any precautionary or other measures in respect of any such property
have been taken by the Government for the recovery of any sum claimed by it, no
proceedings shall be taken or continued under this section, in respect of such
property, until the Government claim has been paid off. (7) Where the property referred
to in sub-section (6) is within the limits of the Corporation, the warrant
shall be addressed to an officer of the Corporation and where the property is
outside the limits of the Corporation to the Collector of the district
concerned: Provided
that the officer to whom the warrant is addressed may endorse such warrant to a
subordinate officer. (8) For every warrant issued
under sub-section (6) fee shall be charged at the rates specified in the
bye-laws and the said fee shall be included in the costs of recovery. (9) On recovery of the full
amount of the estimated expenses, the Commissioner shall carry out the work
with all convenient speed. (10) If the expenditure involved is more than the amount recovered, the
Corporation shall have powers to recover the difference in the same manner in
which the original amount was recovered; but if the actual cost of the work as
finally completed is less than the estimated cost, the surplus shall be
refunded to the contributors proportionately to their contribution in all cases
where a refund would amount to not less than fifty rupees.] (1)
When any
street has been levelled, metalled, tarred or asphalted, paved, made good,
lighted, drained, chanelled and flagged to the satisfaction of the
Commissioner, he shall, if so required by the persons liable for the greater
part of the expenditure on such street by notice put up in any part of such
street, declare the same to be a public street. The said street shall thereupon
become a public street. (2)
The"
Commissioner may, at any time, by a notice exhibited in any street or part of a
street not maintained by the Corporation, give intimation of his intention to
declare the same a public street, and, unless within one month next after such
notice is first exhibited the owner or the majority of owners of such street or
such part of street, lodges or lodge objection thereto with the Corporation,
the Commissioner may by a notice exhibited in such street or part, declare the
same to be a public street vested in the Corporation. (3)
Any person
aggrieved by a notice under sub-section (2) may appeal within thirty days from
the date of notice is first exhibited, to the District Court who shall give a
reasonable opportunity of being heard to the appellant and the Corporation. (4)
The
provisions of Parts II and III of the Indian Limitation Act, 1908, relating to
appeals shall apply to every appeal preferred under this section. The
Commissioner when authorised by the Corporation in this behalf may agree (a)
with any
person to adopt and maintain any existing or proposed bridge, viaduct or arch
and approaches as part of a public street, or as property vested in the
Corporation; or (b)
for the
construction or alteration of any such bridge, viaduct or arch or for the
purchase or acquisition of any adjoining land required for the foundation and
support thereof, or for the approaches thereto, either entirely at the expense
of such person or partly at the expense of the Corporation. (1)
No person
shall without the previous permission in writing of the Commissioner cut down
any tree or cut off a branch of any tree, or erect or demolish any building or
part of a building or alter or repair the outer portion of any building, where
such action is of a nature to cause obstruction, danger or annoyance or risk of
obstruction, danger or annoyance to any person using a street. (2)
The
Commissioner may at any time by a notice require that any person doing or
proposing to do any of the acts referred to in sub-section (1) shall refrain
from beginning or continuing the acts unless he puts up monitories, and
provides from sunset to sunrise with sufficient lighting such hoardings or
screens as are specified or described in the notice and may further at any time
by notice require the removal within a time to be specified in the notice, of any
hoarding or screen erected in anticipation or in pursuance of the said acts. (3)
The
Commissioner may, before giving any such notice or before the period of any
such notice has expired, take such temporary measures as he thinks fit to
prevent danger from the said place or to ensure safety and convenience at such
work, and any expense incurred by the Commissioner in taking such temporary
measures shall be paid by the owner or occupier of the place to which the said
notice refers. (4)
Whoever
contravenes the provisions of sub-section (1) or omits to comply with the terms
of a notice under sub-section (2) shall be punishable with fine which may
extend to [417][five
hundred rupees] and in case of a continuing contravention or omission with a
further fine which may extend to [418][fifty
rupees] for every day after the first during which are contravention or
omission continues. The
Commissioner may attach brackets for lamps to the outside of any building but
in such manner as not to occasion any injury to the building or inconvenience
to persons using it or passing by it. Whoever,
without being authorised by the Commissioner defaces or disturbs or causes
damage to any municipal direction-post, lamp-post or lamp or any property of
the Corporation or extinguishes any municipal light in any public place, shall
be punishable with fine which may extend to [419][one
thousand rupees]. (1)
Whoever,
without the consent of the owner or occupier or other person for the time being
in charge of any property affixes or causes to be affixed any poster, bill,
notice, placard or other paper or means of advertisement against or upon any
street, building, wall, tree, board, fence, or pale or writes upon, soils,
defaces or marks any such building, wall, tree, board, fence or pale with chalk
or paint or in any other way whatsoever, shall be punishable with fine which
may extend to [420][two
hundred rupees]. (2)
Notwithstanding
anything contained in sub-section (1), the Commissioner may by public notice
prohibit the use of any building or part of a building, wall, tree, board,
fence or pale in any specified locality or a street without his permission. No person shall after such public notice make use of any building, wall,
tree, board, fence or pale without his permission or in contravention of such
person. In a prosecution under this section the Court may presume until the
contrary is proved that the bill, notice, placard or other paper or means of
advertisement has been exhibited or affixed by the person for whose benefit
such advertisement is made. (3)
Notwithstanding
anything contained in Section 396, a Court may take cognizance of an offence
under sub-section (1) of this section upon the complaint of the owner or
occupier or other person in charge of the property in respect of which such
offence is alleged to have been committed. (1)
Whosoever affixes
to, inscribes or stencils on any house, building, wall, board, gate, fence,
pillar, post, board, tree, road, or any other thing whatsoever so as to be
visible to a person being in or passing along any street, public highway, or
footpath and whoever affixes or inscribes or stencils on any public latrine or
urinals or delivers or attempts to deliver, or exhibits to any inhabitants or
to any person being in or passing along any street, public highway or footpath
or throws into the area of any house or exhibits to public view in the window
of any house or shop any picture or printed or written matter which is of an
indecent or obscene nature, shall on conviction be punished with imprisonment
which may extend to one month or with fine which may extend to [421][one
thousand rupees] or with both. (2)
Whosoever
gives or delivers to any other person any such pictures, or printed or written
matter mentioned in sub-section (1) with the intent that the same, or one or
more thereof, should be affixed, inscribed, stenciled, delivered or exhibited
as therein mentioned, shall on conviction be punished with imprisonment which
may extend to three months or with fine which may extend to [422][one
thousand rupees], or with both. (3)
Any police
officer may arrest without warrant any person whom he shall find committing any
offence under this section. (1)
The
Commissioner may from time to time (a)
with the
sanction of the Corporation determine the name by which any street shall be
known; (b)
cause to be
put up or painted on conspicuous part of any house at or near each end, corner
or entrance to every street, the name of such street as so determined; (c)
determine
the number by which any premises shall be known; (d)
put up or
paint a number of premises in such position and manner as he may deem
necessary. (2)
No person
shall, without the permission of the Commissioner or with other lawful
authority, destroy, remove, deface or in any way injure any such name or number
or put up or paint any name or number different from that put up or painted by
order of the Commissioner. (3)
The name by
which any street is known shall not be changed except with the sanction of the
Government. The
Commissioner may, where it appears to him to be necessary for the prevention of
danger to life or properly, by special or general notice, prohibit any person
or persons from stacking or collecting timber wood, dry grass, straw, or other
inflammable materials or placing mats or thatched huts or lighting fires in any
places or within any limits specified in the notice. (1)
The
Commissioner may by general or special order direct that no roofs and external
walls of huts or other buildings, shall within the specified limits, be made of
grass, mats, leaves, or other inflammable materials, or repaired or renewed
with the same unless his permission in writing has been obtained. (2)
The
Commissioner may by a written notice require any person who has built the roof
or external wall of any but or other buildings in contravention of a direction
issued under sub-section (1) to remove or alter the roof or wall so built. (1)
Subject to
the provisions of any other Act for the time being in force, whoever, without
the permission of the Commissioner pickets animals or collects carts on any
street, or uses any street as a halting place for vehicles or animals of any
description or as a place of encampment, or causes or permits animals to stray,
shall be punishable with fine which may extend to [423][two
hundred rupees]. (2)
Any animals
found picketed, tethered or straying on any public street without the
permission of the Commissioner may be removed to a pound by any officer or
servant of the Corporation or by a police Officer. Whoever
drives or propels any vehicle not properly supplied with lights in any street
during the period from half an hour after sunset to half an hour before sunrise
shall be punishable with line which may extend to [424][fifty
rupees]. (1)
The
Commissioner may by general or special order prohibit the beating of the drums
blowing of horn or trumpet or beating or sounding of any other instrument or
making of any noise on any utensil in any specified area or street, either
generally or during specified hours : Provided
that the Commissioner may grant exemption to any person for reasons to be
recorded in writing. (2)
Whoever
contravenes any order issued by the Commissioner under this section shall be
punishable with fine which may extend to one hundred rupees but not less than
twenty-five rupees. (3)
In the case
of bands, each individual member of such band shall be punishable under this
section. (4)
For purposes
of this section 'instrument' shall include a gramophone, a wireless receiver, a
loudspeaker or other electrically operated means of producing or reproducing
sound. (5)
The
Commissioner or any other officer of the Corporation authorised in this behalf
may seize any such article or instrument making noise and shall produce it
before the magistrate. (1)
No person
shall use or employ in any factory or other place any whistle or trumpet, or
any other mechanical contrivance which emits an offensive noise, for the
purpose of summoning or dismissing work-men or persons employed, nor shall any
person by means of any contrivance increase the noise emitted in any such
factory or place by the exhaust pipe of any engine, without the written
permission of the Commissioner in granting which the Commissioner may impose
such conditions as he may deem proper, restricting the times at which such
whistle or trumpet or other contrivance may be used. (2)
The
Commissioner may on giving one month's notice revoke any permission given under
sub-section (1). (3)
Whoever in
contravention of the provisions of this section, uses or employs any whistle,
trumpet or other contrivance, shall be punishable with fine which may extend
to [425][five
hundred rupees], and with a further fine which may extend to [426][fifty
rupees] for every day during which the offence is continued. Whoever
discharges fire-arms or lets off fire-works, fire-balloons, or detonators, or
engages in any game in such a manner as to cause, or be likely to cause danger
or annoyance to persons passing by or dwelling or working in the neighbourhood,
or risk of injury to property, shall be punishable with fine which may extend to [427][two
hundred rupees]. Whoever
quarries, blasts, cuts timber or carries on building operations in such manner
as to cause, or to be likely to cause danger to persons passing by or dwelling
or working in the neighbourhood, shall be punishable with fine which may extend
to [428][five
hundred rupees]. Whoever,
without the permission of the Commissioner lops or cuts the branches or twigs
of any tree or plant standing on a public place, or plucks the fruits, flowers
or leaves of such tree or plant, or causes any damage thereto, shall be
punishable with fine which may extend to [429][one
thousand rupees], or in case of a second or subsequent breach, to [430][two
thousand rupees]. [431][Whoever spits in any place other than a drain or a receptacle provided
for the purpose by the Corporation shall be punishable with fine which may
extend to [432][two
hundred fifty rupees].] (1)
The District
Superintendent of Police, and his subordinates shall, as far as may be,
co-operate with the Commissioner for carrying out the purposes of this Act and
for the maintenance of public health, safety and convenience within the limits
of the Corporation. (2)
It shall be
the duty of every police officer within the limits of the Corporation (i)
to
communicate without delay to the Commissioner any information which he receives
of a design to commit or of the Commission of any offence against this Act or
any rule or bye-law made thereunder; and (ii)
to assist
any Corporation officer or servant reasonably demanding his aid for the lawful
exercise of any power vested in the Corporation or in any Corporation officer
or servant under this Act or any rules or bye-laws made thereunder. (3)
Any officer
or servant of the Corporation, when empowered so to do by a general or special
order of the Government, may exercise such of the powers of a police officer
for such of the purposes of this Act as may be specified in the order. (1)
Any police
officer, and in the absence of a police officer, any officer or servant of the
Corporation empowered in this behalf by the general or special order of the
Government under sub-section (3) of Section 347 may arrest any person who
commits any offence against this Act or any rule or bye-law made thereunder (a)
if the name
and address of the person are unknown to him; and (b)
if the
person declines to give his name and address or there is reason to doubt the
accuracy of the name and address given. (2)
Any person
arrested under this section made be detained until his name and address are
correctly ascertained : Provided
that no person so arrested shall be detained longer than is necessary for
bringing him before a Magistrate unless an order of the Magistrate for his
detention is obtained. On a written
requisition from the Commissioner, the District Superintendent of Police shall
order arrest of any person who obstructs any Corporation officer or servant
engaged in the discharge of any duty imposed by this Act or by any rule or
bye-laws made thereunder. When special
police protection is in the opinion of the Government, necessary on occasion of
any fair, agricultural show or industrial exhibition managed by the Corporation
or for [433][the purpose of guarding houses evacuated due to plague or other
epidemic] the Government may provide such protection, and the Corporation shall
pay the charges there of or such part of them as the Government considers
equitable. (1)
For the
prevention and extinction of fire, the Corporation shall maintain a fire
brigade and shall provide such implements, machinery or means of communication
as the Corporation may think necessary for the efficiency of the brigade. (2)
In order to
indicate the location of fire-mains and hydrant the Commissioner may direct the
fixing of plates on any building or land, the painting of signs, or the
erecting of appliance as he may think fit. (3)
No person
shall destroy, pull down, deface, cover or conceal any such plate, sign or
appliance : Provided
that if in the city and Government Department is administering and controlling
the fire brigade, the Commissioner shall not make any arrangement without prior
approval of the Government and the arrangement shall be subject to the terms
and conditions laid down by the Government in this respect. (1)
On the
occasion of a fire within the limits of the city any Magistrate, the
Commissioner, any member of the Corporation, any member of a fire brigade then
and there directing the operations of men belonging to the brigade, and if
directed so to do by a Magistrate or the Commissioner, or a member of the
corporation any police officer above the rank of constable, may (a)
remove or
order the removal of any person who by his presence interferes with or impedes
the operation for extinguishing the fire or for saving life or property; (b)
close any
street or passage in or near which any fire is burning; (c)
for the
purpose of extinguishing the fire, break into or through or pull down, or cause
to be broken into or through or pulled down, or use for the passage of houses
or other appliances, any premises; (d)
cause mains
and pipes to be shut off so as to give greater pressure of water in or near the
place where the fire has occurred; (c)
call on the
persons in charge of any fire engine to render such assistance as may be
possible; and (e)
generally,
take such measures as may appear necessary for the preservation of life or
property. (2)
When any
building belonging to, vested in or occupied by the Government is endangered by
such a fire, the officer of the Public Works Department for the time being in
charge of the building may exercise the power conferred on a Magistrate by
sub-section (1). (3)
On the
occasion of a fire, all persons assisting the fire brigade whether voluntarily
or otherwise, shall be under the officer in charge of the fire brigade and
shall obey all orders and directions given by such officer. (4)
No person
shall be liable to pay damages in respect of anything in good faith done or
intended to be done under sub-section (4). (5)
Any damage
done in the exercise of a power conferred or a duty imposed by this section
shall be deemed to be a damage by fire within the meaning of any policy of
insurance against fire. (1)
When the
fire brigade is maintained by Corporation to Commissioner shall make regulation
for (a)
the
training, discipline and good conduct of the men belonging to the fire brigade; (b)
their speedy
attendance with engines, fire-escapes and all necessary implements or the
occasion of any alarm of fire; (c)
the
maintenance of the said brigade generally in a state of efficiency; and (d)
the
submission of reports of fires. (2)
With the
approval of the [434][Mayor-in-Council]
and subject to the conditions and limitations prescribed by this Act, the
Commissioner may make regulations for the grant of gratuities, rewards or
certificates, to persons who have rendered effective service to the fire
brigade on the occasion of a fire. The
Commissioner may, by notice, require the manager or proprietor of any place of
public entertainment to make such provision as he may direct for the prevention
and extinction of fire, and for the easy exit of the audience in case of fire. (1)
The
Commissioner may (a)
authorise
any person (i)
to destroy,
or cause to be destroyed or confine or cause to be confined for such period as
the Commissioner may direct, any dog or other animals suffering or reasonably
suspected to be suffering from rabies, or bitten by any dog or other animal
suffering or suspected as aforesaid, or any dog or other animals dangerous to
human safety, or any bird, animal or other vermin causing a nuisance; (ii)
to confine,
or cause to be confined any dogs found wandering about streets or public places
without collars or other marks distinguishing them as private property and to
charge, a fee for such detention and to destroy or otherwise dispose of any
such dog if it is not claimed within one week and the fee paid; (b)
issue a
temporary or standing order that any dogs without collars or with other marks
distinguishing them as private property found straying on the streets or beyond
the enclosure of the houses of the owners of such dog should be destroyed and
destroy or cause them to be destroyed accordingly : Provided
that before issuing such order a notice to that effect shall be published in
the [435][manner
prescribed by bye-laws.] (2)
No damage
shall be payable in respect of any dog, or other animal destroyed or otherwise
disposed of under this section and the carcass shall become the property of the
Corporation. Whoever,
being the owner or person incharge of any dog, allows it to be at large in any
street without a muzzle (a)
if such dog
is likely to annoy or intimidate passers-by; or (b)
if the
Commissioner has by notice in the [436][manner
prescribed by bye-laws] during the prevalence of rabies directed that dogs
shall not be at large without muzzles, shall be punished with fine which may
extend to [437][two
hundred rupees]. Whoever,
being in charge of any elephant, camel or bear, omits on being requested so to
do to remove as far may be practicable his elephant, camel or bear to a safe
distance on the approach of a horse, whether, ridden or driven or any vehicle
drawn by bullocks, shall be punishable with fine which may extend to [438][two
hundred rupees]. Whoever
wilfully or negligently lets loose any horse or other animal so as to cause, or
negligently allows any horse or other animal to cause injury, danger, alarm or
annoyance to any person or damage to property, shall be punishable with line
which may extend to [439][five
hundred rupees]. The
provisions of this chapter shall come into force on such date as the Government
may by notification appoint in that behalf. (1)
Whoever, in
any street or public place within the limits of the Corporation, begs for alms,
or exposes, or exhibits with the object of exciting or extorting alms any
deformity, disease or bodily ailment or any offensive sore or wound, shall be
punishable with imprisonment which may extend to three months, or with a fine
not exceeding [440][five
hundred rupees], or with both. (2)
If the
Courts finds that a person has committed an offence punishable under
sub-section (1), it may, if in its opinion the person is unable to earn a
livelihood owing to physical infirmity or debility, or is otherwise a fit
person to be committed to a poor-house, in lieu of passing a sentence, order
that he may be committed to a poor-house maintained by the Corporation or
approved by the Government, for such term and subject to such conditions as may
be prescribed by [441][bye-laws]
under this Act : Provided
that no such order shall be made without giving the person in charge of the
poor-house an opportunity to submit objections and be heard in support of them
if he so desires. (3)
If the
person committed to a poor-house under sub-section (2) escapes from it or
commits a breach of any conditions subject to which he was committed to the
poor-house, he shall be punishable with imprisonment for a term which may extend
to six months, or with fine which may extend to [442][one
thousand rupees] or with both. (4)
If the Court
finds that the person who has committed an offence punishable under sub-section
(1) was not born within the limits of the city or has not been continuously
resident therein for more than one year, it may, in lieu of passing a sentence
or order referred to in the aforesaid sub-sections by order in writing direct
the said person to leave the said limits within such time and by such route or
routes as may be stated in the order and not to return thereto without the
permission in writing of the District Magistrate. If the said person tails to comply with the order within the time specified therein,
the Court may cause the said person to be removed beyond the limits of the city
under such escort as it may direct. (5)
If the said
person returns within the limits of the city without the permission of the
authority specified in sub-section (4) he shall be punishable with imprisonment
for a term which may extend to six months, or with fine which may extend
to [443][one
thousand rupees], or with both. (6)
Until and
during the trial, a person accused of an offence under this section, may be
detained either in custody under Section 344 of the Code of Criminal Procedure,
1898, or in a poor-house according as the Court may, from time to time, direct. (7)
An offence
punishable under this section shall be cognizable. Whoever
within the limits of the city employs others for the purpose of begging alms
and lives wholly or in part on the proceeds of their begging shall be
punishable with imprisonment of either description which may extend to six
months or with fine not exceeding [444][one
thousand rupees] or with both. (1)
The
Corporation may by notice in the [445][manner
prescribed by bye-laws] prohibit in any specified part of the city (a)
the keeping
of a brothel; (b)
the
residence of any person who practices prostitution. (2)
Whoever
after the date of the notice issued under sub-section (1) (a)
keeps or
manages or acts or assists in the management of a brothel within the prohibited
area; (b)
being the
tenant, lessee or occupier of any premises or any part thereof to be used as a
brothel or for the purposes of habitual prostitution within the prohibited
area; or (c)
being the
lessor or landlord, of any premises or the agent to such lessor or landlord,
lets the same or any part thereof, within the prohibited area with the
knowledge that such premises or some part thereof, are, or for the purpose of
habitual prostitution, or is wilfully a party to the continued use of such
premises as a brothel or for the purposes of habitual prostitution; or (d)
being a
practicing prostitute resides within the prohibited area, shall be punishable with imprisonment of either description for a term
which may extend to six months or with the fine which may extend to [446][five
thousand rupees], or with both, and in the case of a continuing offence with an
additional fine not exceeding [447][five
hundred rupees] for every day after the first during which the offence
continues. On the
complaint of the Commissioner, or of three or more persons residing within the
limits of the city that a house within the said limits is used as brothel, or
by disorderly persons of any description, to the annoyance of the respectable
inhabitants of the vicinity, or that any such house is used as a brothel in the
neighbourhood of a cantonment or of an educational or charitable institution or
boarding house or of any place of worship, any Magistrate of the first class
having jurisdiction in the place where the house is situated, may summon the
owner or the occupier of the house, and on being satisfied that the house is so
used and that it is a source of annoyance or offence to the neighbours, or that
it is in the neighbourhood of a cantonment or of an educational or charitable
institution or boarding house, or of any place of worship, may order the owner
or the occupier to discontinue such use of it; and if he fails to comply with
such order within five days, may impose upon him a fine not exceeding [448][five
hundred rupees] for every day thereafter, the house is so used. The
Corporation may in accordance with the bye-laws made in this behalf grant
licences, impose fees and otherwise control the practice of prostitution within
the limits of the Corporation. [449][The provisions contained in this Chapter shall be in addition to, and
not in derogation of, the provisions of the Suppression of Immoral Traffic in
Women and Girls Act, 1956 (104 of 1956), and anything done or any action taken
under this Chapter shall be subject to the provisions of the said Act.] (1)
The Mayor or
the Commissioner may authorise any person to enter into and inspect at any
reasonable time, any market, building, shop, stall or place used for the sale
of any goods, food, drink or drug and the person so authorised may inspect any
instrument for weighing, weights, or measures found therein and test the same
with standard weights and measures and may seize any such instrument for weighing, weight or measure which he
reasonably believes to be false or not in accordance with bye-laws made by the
Corporation under this Act, and may take the same to be examined or tested by
the officer appointed for the purpose. (2)
Every person
for the time being in charge of or employed in such market, building, shop,
stall or place shall, if so requested by the person making such inspection,
produce for such inspection and comparison all instruments for weighing,
weights and measures kept therein. Chapter XXXIV - GENERAL PROVISIONS FOR THE CARRYING
ON OF MUNICIPAL ADMINISTRATION Procedure LICENCES AND PERMISSIONS (1)
Whenever it
is prescribed [450][by
or under this Act] that the permission of the Commissioner is necessary for the
doing of any act, such permission shall, unless it is otherwise expressly
provided, be in writing. (2)
Every
licence and written permission granted under this Act or under any rule or
bye-law made thereunder, shall be signed by the Commissioner and shall specify (a)
the date of
the grant thereof; (b)
the purpose
and the period, if any, for which it is granted; (c)
the
restrictions and conditions, if any, subject to which it is granted; (d)
the name of
the person to whom it is granted; (e)
the tax or
fee, if any, paid for the licence or written permission; (f)
the date by
which an application for the renewal of the same may be made. (3)
Except when
it is otherwise expressly provided in this Act or in any rule or bye-law made
thereunder, a fee for every such licence or written permission may be charged
at such rate as may be fixed by the Corporation and such fee shall be payable
by the person to whom the licence is granted. (4)
Every person
to whom a licence or permission has been granted shall produce it at all
reasonable hours of inspection if required by the Commissioner or any officer
authorised by him in this behalf. (5)
Any licence
or written permission granted under this Act, or under any rule or bye-law made
thereunder, may at any time be suspended or revoked, by the Commissioner if any
of its restrictions or conditions is infringed or
evaded by the grantee, or if the grantee is convicted of a breach of any of the
provisions of this Act or of any rule or bye-law made thereunder in any matter
to which such licence or permission relates. (6)
When any
such licence or written permission is suspended or revoked, or when the period
for which the same was granted, has expired, the grantee shall for all purposes
of this Act or of any rule or bye-law made thereunder, be deemed to be without
a licence or written permission until such time whether within the said period
or otherwise, as the authority granting the same may see fit to cancel the
order suspending or revoking the licence or written permission or until the
licence or written permission is renewed, as the case may be. (7)
Pending the
receipt of orders on his application made on before the date described [451][by
bye-laws] for application for renewal, an applicant shall be entitled to act as
if it has been renewed. (8)
The
acceptance by or on behalf of the fee for a licence or permission shall not
entitle the person paying the fee to the licence or permission. (9)
Every
application for a licence or permit shall be addressed to the Commissioner. (10)
Save in
cases falling under Sections 246 and 248, if the orders of the Commissioner on
an application for a licence or permission which complies with the provisions
of the foregoing sub-section are not communicated to the applicant within six
weeks from the date of receipt of the application by the Commissioner, the
applicant may act as if the licence or permit had been granted for the year or
for such shorter period as is mentioned in the application. [452][(11) The rate of the licence and permission fees shall be revised once
in every three years.] Whenever
under this Act or any rule or bye-law made thereunder, the doing or the
omitting to do anything or the validity of anything depends upon the approval,
sanction, consent, concurrence, declaration, opinion, or satisfaction of (a)
the
Corporation, or the [453][Mayor-in-Council],
or the Commissioner; or (b)
of any
municipal officer, a written document purporting to have been signed in case
(a) by the Commissioner, and in case (b) by the said municipal officer, purporting
to convey or set forth such approval, sanction, consent, concurrence,
declaration, opinion or satisfaction shall be prima facie evidence thereof. (1)
Every
licence, written permission, notice, bill, schedule summons, warrant or other
document which is required by this Act or by any rule or bye-law made
thereunder to bear the signature of any municipal officer, shall be deemed to
be properly signed if it bears a facsimile of the signature of such municipal
officer stamped thereupon. (2)
Nothing in
sub-section (1) shall be deemed to apply to a cheque drawn upon the municipal
fund or to any deed of contract. When any
notice, bill, schedule, summons or other document is required by this Act or
any rule or bye-law made thereunder to be served upon or issued or presented to
any person as owner or occupier of any land or building, in so far as it
concerns that land or building, the service, or issue or presentation thereof
shall be effected either (a)
by giving or
tendering to any person whose name has been entered in the assessment list of
the owners, or one of the owners of the property concerned, or to the occupier
thereof; or (b)
if the owner
or occupier or no one of the owners or occupier is found, by giving or
tendering the said notice, bill, schedule, summons or other document to some
adult member or servant of the family of the owners or occupier, or of any of
the owners or occupiers; or (c)
by causing
the said notice, bill, schedule, summons or other document to be affixed on
some conspicuous part of the land building to which the document relates; or (d)
by
delivering at some post office, the said notice, bill, schedule, summons or
other document under cover addressed by the description of the owner or
occupier of.............(here describing the property concerned) without further
name or description of the person concerned, and obtaining a certificate of
posting the same from the post office; or (e)
by any one
or more of these methods. When any
notice, bill, schedule, summons or other document is required by this Act or by
any rule or bye-law made thereunder, to be served upon or issued or presented
to any person, otherwise than as owner or occupier of any land or building,
such service, issue or presentation shall be effected (a)
by
delivering at some post office the said notice, bill, schedule, summons, or
other such documents under cover bearing the address of the person concerned
and obtaining therefor a certificate of posting, or (b)
by giving or
tendering to such person the said notice, bill, schedule, summons or other such
documents, or (c)
by both
methods. [454][Nothing in the two preceding sections shall apply to any summons issued
under this Act by a Court.] Whenever it
is provided by or under this Act that public notice shall or may be given of
anything, such public notice shall, in the absence of special provision to the
contrary, be in writing under the signature of the Commissioner or of a
municipal officer empowered under sub-section (4) of Section 69 to give the
same, and shall be widely made known in the locality to be effected thereby, by
affixing copy thereof in conspicuous public places within the said locality, or
by publishing the same by beat of drum, or by advertisement in the local
newspapers, or by any two or more of these means and by any other means that
the Commissioner shall think fit. (1)
Any
municipal officer duly authorised in this behalf by the Commissioner or any
Councilor authorised by the Mayor may enter into or upon any premises, with or
without assistants or workmen, in order to make any inspection, survey,
measurement, valuation or inquiry, or execute any work which is authorised by
this Act or by any rule or bye-law made thereunder or which, in his opinion it
is necessary or expedient for any of the purposes or in pursuance of any of the
provisions of this Act or of any such rule or bye-law, to make or execute : Provided as
follows : (a)
except when
it is in this Act or in any rule or bye-law made thereunder otherwise expressly
provided, no such entry shall be made between sunset and sunrise; (b)
except when
it is in this Act or in any rule or bye-law made thereunder otherwise expressly
provided, no building used as a dwelling house shall be so entered, unless with
the consent of the occupier thereof, without giving the said occupier at least
six hours' previous notice in writing of the intention to make such entry, and, except where it is inexpedient, to mention the purpose
thereof; (c)
notwithstanding
any power to enter any premises conferred upon municipal officers or councilors
by this Act or any rule or bye-law made thereunder sufficient notice of such
entry shall in every instance be given to enable the inmates of any apartment
appropriate to women to withdraw to some part of the premises where their
privacy may not be disturbed; (d)
due regard
shall always be had, so far as may be compatible with the exigencies of the
purpose for which the entry is made, to the social and religious usages of
occupants of the premises entered. (2)
Except when
it is in this Act or any rule or bye-law made thereunder otherwise expressly
provided, no claim shall lie against any person for compensation for any damage
unavoidably caused by any entry made or by the use of any force necessary for
effecting such entry : Provided
that force shall not be used for effecting an entry, unless there is reason to
believe that an offence has been or is being committed against some provisions
of this Act or any rule or bye-law made thereunder. (1)
Any
Municipal Officer duly authorised to carry out works may enter upon any land
adjoining or within one hundred yards of any works authorised by this Act or by
any rule or bye-law made thereunder and deposit any earth, gravel, sand, lime,
bricks, stone or other materials necessary for such works, or for any other
purpose connected with the carrying on of such works. (2)
Such officer
shall, before depositing materials under sub-section (1), give the owner or
occupier of the land reasonable notice of his intention to make such entry and
of the purpose thereof, and shall, if so required by the owner or occupier, set
apart by sufficient fences so much of the land as may be required for the
purposes mentioned in this said sub-section. (3)
The
municipal officer shall not be bound to make any payment, tender or deposit
before entering upon any land under sub-section (1), but, shall do as little
damage as may be, and the Commissioner shall pay compensation to the owner or
occupier of the land for any temporary damage that may be done in consequence
of such entry, and shall also pay compensation to the said owner for any
permanent damage resulting therefrom. Any
Councillor or any Committee authorised by the Mayor in that behalf or the
Commissioner, or any Municipal officer authorised by him in that behalf may at
any time by day or right and without notice enter into or upon any place or
premises used or intended to be used for any purpose for which any licence or
permission is required by or under this Act or any rule or bye-law made
thereunder in order to satisfy himself whether any provision of this Act or any
rule or bye-law or any condition of any licence or permission granted or
required under this Act or any rule or bye-law made thereunder is being
contravened, and whether any nuisance is being created in or upon such place or
premises. No person
shall, in any way, obstruct any Committee or Councillor or any municipal
officer duly authorised in that behalf in making any entry under Sections 365,
372, 373 or 374 any other municipal officer or any other person accompanying
him at his request or acting under his orders for the purpose of such entry. (1)
When any
requisition order is made under this Act or any rule or bye-law made
thereunder, by written notice issued by the Commissioner or by municipal
officer duly empowered in this behalf, a reasonable period to be determined by
the Commissioner shall be prescribed in such notice for carrying such
requisition or order into effect. (2)
If within
the period so prescribed, such requisition or order or any portion thereof is
not complied with, the Commissioner may take such measures or cause such work
to be executed or things to be done, as may in his opinion, be necessary for
giving due effect to the requisition or order so made and unless it is in this
Act or in any rule or bye-law made thereunder otherwise expressly provided, the
expenses thereof shall be paid by the person or any one or more of the persons
to whom such requisition or order was addressed. (3)
When a
person is required under any provision of this Act or under any rule or bye-law
made thereunder to supply any materials or fittings or to do any work, the
Commissioner may, upon the requisition of such person in writing, supply the
necessary materials or fittings or cause the necessary work to be done in this
behalf : Provided
that the said person shall first deposit a sum sufficient in the opinion of the
Commissioner to cover the cost of the said materials, fittings or work. (4)
When a
person is required to execute any work under the provisions of this Act or
under any rule or bye-law made thereunder, the Commissioner may, for reasons to
be recorded in writing instead of giving him the option of executing it, cause
such work to be executed by municipal or other agency under his own
supervision, and may recover the expenses incurred thereby from the person
liable to execute the work : Provided
that the Corporation may, on the advice of the Commissioner, execute the work
at the cost of the municipal fund. (1)
Whenever
under this Act or under any rule or bye-law made thereunder, the cost of any
work executed or of any measure taken or thing done, by or, under the order of
a municipal authority, any magistrate or any municipal officer empowered in
this behalf, is payable by any person, the Commissioner may, with the approval
of the [455][Mayor-in-Council],
instead of recovering any such cost in any other manner provided in this Act or
in any rule or bye-law made thereunder, take an agreement from the said person
to pay the same in instalments of such amount and at such intervals as will
secure the payment of the whole amount due, with interest thereon at the rate
not exceeding six per centum per annum, within a period of not more than five
years. (2)
If any
instalment is not paid on or before the date on which it falls due, the
Commissioner may thenceforward recover interest on the sum then due at such
rate not exceeding nine per centum per annum as he may deem fit. If [456][any
cost or expenses] recoverable under this Act have been incurred by the
Commissioner under any provision of this Act or any rule or bye-law made
thereunder in respect of, or for the benefit of, any land or building, the
Commissioner may with the approval of the Corporation declare [457][such
costs or expenses] to be improvement expenses. (1)
Improvement
expenses declared as such under Section 378 shall be a charge on the premises
in respect of which or for the benefit of which, they have been incurred, and
shall be recoverable in instalments of such amount, not being less than twelve
rupees per annum for each separate property, and at such intervals as will
suffice to discharge such expenses, together with interest thereon at a rate
not exceeding six per centum per annum, within such period, not exceeding
thirty years, as the Corporation may in each case determine. (2)
The said
instalments shall be payable by the owner of the premises on which the expenses
are still payable or by the occupier to the extent of the rent which has or may
become due from him. (3)
If any
instalment is not paid on or before the date on which it falls due, the
Commissioner may recover interest on the sum due at such rate not exceeding
nine per centum per annum as he may deem fit. At any time
before the expiry of the period for the payment of any improvement expenses,
the owner or occupier of the premises on which they are charged may redeem such
charge by paying to the Commissioner such part of the said expenses as are
still payable. Whenever the
owner of any land or building fails to execute any work which he is required to
execute under this Act or under any rule or bye-law made thereunder the
occupier, if any, of such land or building may with the previous approval of
the Commissioner, execute the said work and shall be entitled to recover from
the owner the reasonable expenses incurred by him in so doing and may, without
prejudice to any other right of recovery, deduct the amount thereof from the
rent payable by him to the owner. No person
who receives the rent of any land or building as an agent or trustee only shall
be liable to do anything which by this Act or any rule or bye-law made
thereunder is required to be done by an owner, if he proves to the satisfaction
of the Commissioner that he has not in his hands funds belonging or payable to
the owner sufficient for the purpose : Provided
that nothing in this section shall be deemed to prevent the Commissioner from
carrying out the necessary works and recovering the expenses so incurred from
the actual owner. In any case
not otherwise expressly provided for in this Act, or in any rule or bye-law
made thereunder the Commissioner may, with the previous approval of the [458][Mayor-in-Council],
pay compensation to any person who sustains damage by reason of the exercise of
any of the powers vested by this Act or by any such rule or bye-law in the
Commissioner, or in any municipal officer or servant. (1)
In any case
in which immovable property has deteriorated in value owing to the exercise of
any powers conferred by Sections 190, 191, 192, 193, 211, 213, 214 and 285,
Corporation may offer to the owner of the property reasonable compensation. (2)
If the owner
of the property which has deteriorated in value accepts the compensation, he
shall be deemed to have granted to the Corporation a perpetual right to
continue the exercise of its powers under any of the said sections in such a
manner as not to create greater nuisance or to cause greater damage than was
being created, or caused at the time when compensation was received. (1)
Any person
who is injuriously affected by the exercise of any power conferred by Sections
190, 191, 192, 193, 211, 213, 214 and 285 may complaint to the First Class
Magistrate having jurisdiction that more than the least practicable nuisance or
damage has been created or caused. (2)
Upon receipt
of the complaint the Magistrate may, after making such enquiry as he deems fit,
direct the Corporation (a)
to take such
measures as it may deem practicable and reasonable for preventing, abating,
removing or diminishing the nuisance or damage; (b)
to pay to
the complainant all reasonable costs of and relating to his complaint, which
costs may include compensation for the complaint's loss of time in prosecuting
the complaint. (3)
It shall be
incumbent on the Corporation, the [459][Mayor-in-Council]
or the Commissioner, as the case may be, to obey every such order. (4)
Any appeal
shall lie to the district Court from an order passed by the Magistrate under
this section within one month from the date of such order. (1)
Any person
who has been convicted of an offence punishable under this Act or under any
rule or bye-law made thereunder shall, notwithstanding any punishment for which
he may have been sentenced for the said offence, be liable to pay such
compensation for any damage to any property of the Corporation resulting from the
said offence as the Commissioner may consider reasonable. (2)
In the event
of dispute regarding the amount of compensation payable under sub-section (1)
such amount shall, on application made to him, be determined by the Magistrate,
before whom the said person was convicted of the said offence and on his
failure to pay the amount of compensation so determined, the same shall be
recovered under a warrant issued by the said Magistrate as if it were a fine
inflicted by him on the person liable to pay the compensation. The amount of
compensation so recovered shall be credited to the Municipal Fund. (1)
If an
agreement is not arrived at with respect to any compensation or damages which
are by this Act directed to be paid, the amount and if necessary the
apportionment of the same shall be ascertained and determined by a Panchayat of
three persons of whom one shall be appointed by the Corporation, one by the
party, to or from whom such compensation or damages may be payable or
recoverable and one, who shall be Sarpanch, shall be selected by the members
already appointed as above. (2)
If either
party or both parties fail to appoint members within one month from the date of
either party receiving written notice from the other of claim to such
compensation or damages, or if the members fail to select a Sarpanch, such
members as may be necessary to constitute the Panchayat shall be appointed, at
the instance of either party, by the District Court. (3)
In the event
of the Panchayat not giving a decision within one month or such other longer
period as may be agreed to by both the parties from the date of the selection
of Sarpanch or of the appointment by the District Court of such members as may
be necessary to constitute the Panchayat, the matter shall, on application by
either party be determined by the District Court which shall, in cases in which
the compensation is claimed in respect of land, follow as far as may be the
procedure provided by the Land Acquisition Act, 1894, for proceedings in
matters referred for the determination of the Court: Provided
that (a)
no
application to the Collector for a reference shall be necessary; and (b)
the Court
shall have full power to give and apportion the costs of all proceedings in
manner it thinks fit. (4)
In any case
where the compensation is claimed in respect of land and the Panchayat has
given a decision, either party, if dissatisfied with the decision, may within a
month of the date thereof apply to the District Court and the matter shall be
determined by the District Court in accordance with the provisions of
sub-section (3). (5)
In any case
where the compensation is claimed in respect of any land or building, the
Corporation may after the award has been made by the Panchayat or the District
Court, as the case may be, take possession of the land or building after paying
the amount of the compensation determined by the Panchayat or the District
Court to the party to whom such compensation, may be payable. If such party
refuses to accept such compensation, or if there is no person competent to
alienate the land or building, or if there is any dispute as to the title to
the compensation or as to the apportionment of it, the Corporation shall
deposit the amount of the compensation in the District Court, and take
possession of such property. If the
amount of any expenses, compensation or damages determined in accordance with
Section 387 is not paid on demand by the person liable to pay the same, it
shall be recoverable as if the same were due under the decree of the District
Court. Nothing in
this Act shall affect the right of any person who may suffer injury or whose
property may be injuriously affected by reason of any act done in exercise of
any power conferred by Sections 190, 191, 192, 193, 211, 213, 214 and 285 to
recover damages. In any case
not expressly provided for in this Act or in any rule or bye-law made
thereunder, any sum due to the Corporation on account of any charge, costs,
expenses, fees, rates or rent or on any other account under this Act or under
any such rule or bye-law, shall be recoverable by distress and sale of the
movable property of the person from whom such sum is due, in the manner
provided by Chapter XII. [460][Any sum falling due to the Corporation whether prior to or after the
commencement of the Madhya Pradesh Municipal Corporation (Amendment) Act, 1986
under any lease, contract or agreement to which the Corporation is a party
shall notwithstanding anything to the contrary in any law, lease, contract or
agreement for the time being in force, be recoverable by distress and sale of
movable property of the person from whom such sum is due in the manner provided
by Chapter XII.] If the
default referred to in the last preceding section is in connection with a
building or land and the defaulter is the owner thereof, the sum due may be
demanded from any person who at the time when the said expenses were incurred
occupied the said building or land under or from the said owner. In the event
of the occupier failing to pay the sum due, it may be recovered by distress and
sale of the goods and chattels of the said person as if the amount thereof were
a property tax due by him : Provided
that (a)
if the
occupier makes a true disclosure of the name and address of the person to whom
the rent is due and proves to the satisfaction of the Commissioner that the
amount of rent payable by him to that person on the date of the demand for the
payment of the said expenses was less than the amount of the said demand, then
the occupier shall not be liable to pay on account of the said demand, any sum
greater than the amount payable as rent on the date aforesaid; (b)
the occupier
shall be entitled to credit in account with the owner for any sum recovered
from him on account of the said expenses; [461][(c) nothing in this section shall affect any agreement made between the
occupier and the owner respecting the payment of expenses as aforesaid.] Notwithstanding
anything to the contrary in any other law for the time being in force, the
District Court shall exercise all the powers and jurisdiction expressly
conferred on or vested in it by the provisions of this Act, and unless it is
otherwise expressly provided by this Act, its decision shall be subject to
revision by the High Court. (1)
For the
purpose of any appeal, inquiry or proceeding under this Act, the High Court and
the District Court may exercise all the powers conferred on them by the Code of
Civil Procedure, 1908, and the [462][Madhya
Pradesh Civil Courts Act, 1958 (19 of 1958)] and shall observe the procedure
prescribed in the said enactments, so as it is not inconsistent with the
provisions of this Act. (2)
The costs of
every appeal, inquiry, or proceeding under this Act shall be payable by such
parties and in such proportions as the Court may direct and the amount thereof
shall, if necessary, be recoverable as if it were due under a decree of the
Court. (1)
The
Government may by notification in the Gazette prescribe what fee, if any, shall
be paid (a)
on any
application, appeal or reference made under this Act to the District Court; and (b)
for the
issue in connection with any enquiry or proceeding of the Court under this Act,
of any summons or other process : Provided
that the fee (if any) prescribed under clause (a) shall not, in cases in which
the value of the claim or subject-matter is capable of being estimated in money
exceed the fees leviable, for the time being, in cases in which the value of
the claim or subject-matter is of like amount. (2)
The
Government may, from time to time, by a like notification, determine by what
person any fee prescribed under clause (a) of sub-section (1) shall be payable. (3)
No
application, appeal or reference shall be received by the District Court until
the fee, if any, prescribed under clause (a) of sub-section (1) has been paid. Where no
time is prescribed by this Act for the presentation
of an application or appeal, such application or appeal shall be presented
subject to the provisions of Section 5 of the Indian Limitation Act. 1908,
which is hereby made applicable to such application or appeals within thirty
days after the date of the order in respect of or against which the application
or appeal is made : Provided
that if the application is an application for revision to the High Court the
period of limitation shall be [463][sixty]
days. No
Magistrate shall take cognizance of any offence under this Act or under any
rule or bye-law made thereunder, except on a complaint signed by the
Commissioner or by any Municipal Officer or the officer-in-charge of a police
station authorised by the Commissioner in this behalf either generally in
regard to all such offences or particularly in regard to specific offences or
offences of a special class. If any
person summoned to appear before a Magistrate to answer a charge of an offence
under this Act or against any rule or bye-law made thereunder fails to appear
at the time and place mentioned in the summons, the Magistrate may if (a)
service of
summons is proved to his satisfaction; and (b)
no
sufficient cause is shown for the non-appearance of such person, hear and
determine the case in his absence. No
Magistrate shall take cognizance of any offence under this Act or under any
rule or bye-law made thereunder unless complaint of such offence is made (a)
within six
months next after the date of the commission of such offence; or (b)
if such date
is not known or the offence is a continuing one, within six months next after
the date on which the commission or existence of such offence was first brought
to the notice of the Commissioner or of any officer or servant whose duty it is
to report such offence to the Commissioner. If the
occupier of any building or land prevents the owner thereof from carrying into
effect in respect of such building or land, any of the provisions of Act, after
notice of his intention so to carry them into effect has been given by the
owner to such occupier, any Magistrate upon proof, thereof and upon application
of the owner, may make an order in writing requiring such occupier to permit
the owner to execute all such works, with respect to such [464][building] or land, as may be necessary for carrying into effect the
provisions of this Act and may also, if he thinks fit, order the occupier to
pay the owner the costs relating to such application or order; and if, after
the expiration of eight days from the date of the order such occupier continues
to refuse to permit such owner to execute any such work, such occupier shall
for every day during which he so continues to refuse be punished with fine
which may extend to [465][five
hundred rupees] and every such owner, during the continuance of such refusal,
shall be discharged from any penalties to which he might otherwise have become
liable by reason of his default in executing such works. (1)
The
Commissioner may on behalf of the Corporation (a)
institute,
defend or withdraw from legal proceedings under this Act, or under any rule or
bye-law made thereunder or any other enactment for the time being in force; (b)
compound any
offence under this Act or under any rule or bye-law made thereunder and charge
such fees for compounding of offence as may be prescribed [466][by
bye-laws] by the Corporation; (c)
admit,
compromise or withdraw any claim made under this Act or under any other
enactment for the time being in force; and (d)
obtain such
legal advice and assistance as he may from time to time think it necessary or
expedient to obtain, for any of the purposes referred to in the foregoing
clauses of this section, or for securing the lawful exercise or discharge of
any power or duty vesting in or imposed upon the Corporation, the [467][Mayor-in-Council]
or any municipal officer or servant: Provided
that the Commissioner shall not admit, compromise or withdraw any claim in a
suit in which the whole amount claimed exceeds five hundred rupees without the
previous sanction of the [468][Mayor-in-Council],
or where the total amount claimed exceeds two thousands rupees, without the
previous sanction of the Corporation. (2)
Money
received by way of composition under this section shall be credited to the
municipal fund. (1)
No suit
shall be instituted against the Corporation, the [469][Mayor-in-Council],
or any Corporation officer or servant, or any person acting under the direction
of the Corporation, the [470][Mayor-in-Council]
or any municipal officer or servant, in respect of any act done or purporting
to have been clone in pursuance or execution or intended execution of this Act,
or in respect of any alleged neglect or default in the execution of this Act
or any rule or bye-law made thereunder until the expiration of one month next
after notice in writing has been delivered or left at the chief Corporation
office or at the residence of such officer, servant, or person standing with
adequate particulars : (a)
the cause of
action; (b)
the name and
residence of the intending plaintiff and of his advocate, pleader or agent, if
any, for the purpose of the suit; and (c)
the relief
which he claims. (2)
Every such
suit shall be commenced within six months next after the accrual of the cause
of action, and the plaint therein shall contain a statement that a notice has
been delivered or left as required by sub-section (1). (3)
If the
Corporation or any person to whom any notice is given under sub-section (1) has
tendered sufficient amends to the plaintiff before the suit is instituted, the
suit shall be dismissed. (4)
If the
defendant in any such suit is the Commissioner or any other Corporation officer
or servant, payment of any sum or part thereof payable by him in or in
consequence of the suit may with the sanction of the [471][Mayor-in-Council], be made from the Municipal Fund. No suit or
prosecution shall be maintainable against the Corporation or the [472][Mayor-in-Council],
or Councillor or any Corporation Officer or servant, or any person acting under
or in accordance with the direction of the Corporation or [473][Mayor-in-Council]
or any Corporation officer or servant, or of a Magistrate, in respect of
anything in good faith done or intended to be done under this Act or under any
rule or bye-law made thereunder. (1)
Any person
aggrieved by an order passed by an officer subordinate to the Commissioner,
under this Act or under any rule or bye-law made thereunder may appeal to the
Commissioner within thirty days of the dale on which the order is conveyed to
him. (2)
Any person
aggrieved by [474][(a) any notice or order issued or other action taken by the
Commissioner under Sections 174, 193, 195, 196, 197, 198, 199, 202, 204, 205,
207, 208, 209, 210, 237, 241, 243, 246, 247, 248, 249, 295, 296, 299, 301, 302, 310, 311, 312, 313, 315, 322, 323, or 393
of this Act or any rule or bye-law made thereunder]; (b) any order of the
Commissioner regarding granting or refusing a licence or permission; or (c) any order of the
Commissioner that may be made applicable by [475][x
x x] bye-laws under Section 427, may appeal to the Corporation within 30 days
from the date of such order. (3)
Such appeal
shall be heard and disposed of by a committee to be called the "Appeal
Committee" appointed by the Corporation. [476][(4) The Appeal Committee shall consist of the Mayor and four elected
Councillors elected by the Corporation in accordance with the system of
proportional representation by means of a single transferable vote, in the
meeting called under sub-section (1) of Section 18. The Mayor shall be
ex-officio Chairman of the Appeal Committee. (4-A) The term of Appeal Committee shall be coterminous with the term of
the Corporation. (4-B) In the event of any vacancy occurring in the Appeal Committee, it
shall be reported to the authority prescribed under sub-section (1) of Section
18 and the vacancy shall be filled in, in accordance with the provisions of
sub-section (4).] (5) The Appeal Committee may for
sufficient cause extend the period prescribed for appeal. (6) The Appeal Committee may
remand any case for further enquiry or decision or may pass any other order as
may be deemed just and proper; and no appeal or revision shall lie against this
decision of the Committee. (7) The Appeal Committee may
review its own order : Provided
that no order under sub-section (6) or (7) shall be passed to the prejudice of
any person until he has been given a reasonable opportunity of being heard. (8) The Appeal Committee may
allow any officer deputed by the Commissioner for the purpose to appeal before
it in any appeal and to watch, or represent the interests of the Corporation. (9) The Corporation may
frame [477][bye-laws]
for the conduct of business before the Appeal Committee. When an appeal
has been instituted against an order under the aforesaid sections, all
proceedings to enforce such order and all prosecutions for a breach thereof
may, by an order of the Appellate Authority or the Mayor when the Appeal
Committee is not sitting, be suspended pending the decision of the Appeal. [478][(1) The Governor may by notification in the gazette, declare the
intention to include within or exclude from the limits of the city, any specified
area. (2) If the local authority
having jurisdiction in the said area or any person resident therein, objects to
such declaration, such authority or person may submit an objection in writing
to the Collector "within a prescribed period" and Governor shall take
such objection into consideration. (3) When the said period has
expired and the Governor has considered the objection under sub-section (2),
the Governor may by notification, include within or exclude from the limits of
the city any specified area : Provided
that when an area is excluded from the limits of any municipal area, such area
notwithstanding such exclusion shall continue to be within the limits of the
municipal area until the area so excluded is included in a duly constituted
Panchayat area.] (1)
When the
said area is included within the limits of the city under Section 405 (a) the [479][Municipal
Law] [480][***]
or any other Act dealing with local sell-government, as the case may be, if in
force in such area shall be deemed to be repealed therein; and [481][(b) except as the Government may otherwise by notification in the
Gazette direct, all rules, bye-laws, regulations, notifications, orders,
directions and powers made, issued or conferred under this Act and in force at
the date of inclusion shall apply to the said area, in supersession of all
corresponding rules, bye-laws, regulations, notifications, orders, directions
and powers made, issued or conferred under the Act deemed to be so repealed.] (2)
The
Government may issue such orders as may be necessary to give effect to the
inclusion of the said area and any matters incidental or ancillary thereto. (1) The Government after consulting
the Corporation may, by notification in the Gazette and in such other manner as
it may determine, declare its intention to exclude any specified area within
the limits of the city from the operation of such provisions of this Act, as
are, in the opinion of the Government,
unsuited thereto, and thereupon the said provisions shall cease to have effect
in the said area. (2) The Government may make
rules for the guidance of the municipal authorities and public officers in
respect of the matters covered by the said provisions while the area is
excluded. Where a
power is expressed as being conferred on any authority to require a person to
do a number of things, that authority may from time to time in its discretion
require that person to do any one or more of those things. Whenever any
right is conferred or duty is imposed by or under this Act or by any rule or
bye-law made thereunder, on the owner or occupier of any premises, and, in
consequence of there being gradations of owners or occupiers, doubt arises as
to who is the owner or occupier entitled to exercise such right or bound to
perform such duty, the Commissioner may after due inquiry, determine from time
to time which of such owners or occupiers shall be deemed to be so entitled or
bound : Provided
that it the name of any one of such owners or occupiers has been entered in the
assessment list in pursuance of any decision given by the Commissioner, such
owner or occupier shall be deemed to do so entitled or bound until his name is
duly removed from the said assessment list. Every
officer or servant in the employ of the Corporation whether for the whole or
part of his time and every Councillor of the Corporation shall be deemed to be
a public servant within the meaning of Section 21 of the Indian Penal Code,
1860. No person
shall obstruct or molest any person with whom the Commissioner has entered into
a contract in the performance or execution of his duly, or of anything which he
is empowered or required to do by virtue or in consequence of this Act or any
rule or bye-law made thereunder. No person
shall remove any mark set up for the purpose of indicating any level, measurement
or direction necessary to the execution of works authorised by this Act or by
any rule or bye-law made thereunder. In every
enactment or instrument in force when the provisions of this Act are applied to
a city unless a different intention appears (a) all references to the
municipal area shall be construed in respect of the city as references to the
area within the limits of the city; [482][(b) all references to the Municipal Committee, Municipal Council, Municipal
Board or the Municipality of the city shall be construed, in respect of the
city, as reference to the Corporation for the city constituted under this Act;] (c) all references to the
President or Vice-President of the Municipality shall be construed in respect
of the city as references to the Mayor or the Deputy Mayor, as the may be; (d) all reference to the member
of [483][a
Municipality] shall be construed as references to the Councillors referred to
in section; and (e) all references to any chapter
or section of the [484][Municipal
Law] shall as far as possible be construed in respect of the city as references
to this Act or to its corresponding chapter or section. (1)
Any
informality, clerical error, omission, or other defect, in any assessment made
or in any distress levied or attachment made or in any notice, bill, schedule,
summons or other document issued under this Act or under any rule or bye-law
may at any time, as far as possible, be rectified. (2)
No such
informality, clerical error, omission or other defect shall be deemed to render
the assessment, distress, attachment, notice, bill, schedule, summons or other
document invalid or illegal, if the provisions of this Act and of the rules and
bye-laws have in substance and effect been complied with; but any person who
sustains any special damage by reason of any such informality, clerical error,
omission or other defect shall be entitled to recover compensation for the same
by a suit in a Court of competent jurisdiction or in any distress levied or
attachment made. If any
dispute arises between the Corporation and any local authority as regards
anything done or to be done under this Act, it shall be referred to the Government for decision and such decision may include an order as to the
costs of any enquiry ordered by the Government, and shall be final: Provided that
it shall be competent to the Corporation and the local authority to agree in
writing that any such dispute shall, instead of being referred to the
Government for decision, be referred to the decision of an arbitrator or
arbitrators appointed under [485][the
Arbitration Act, 1940, or to a Civil Court under Section 90 of the Code of
Civil Procedure, 1908.] (1)
If at any
time it appears to the Government that a dispute has arisen or is likely to
arise between the Government and the Corporation as to the interpretation of
any of the provisions of this Act or of any of the rules [486][or
bye-laws] made thereunder, which is of such a nature and of such public
importance that it is expedient to obtain the decision of the High Court upon
it, the Government may refer the question to the High Court for consideration
and the High Court may, after such hearing as it thinks fit, give its decision
on the same. (2)
The decision
of the High Court under sub-section (1) shall be binding on the Government and
the Corporation. (3)
Nothing in
this section shall derogate from the authority of the Government as laid down
in Chapter XXXVI. (1)
The
Government may require the Commissioner to furnish it with (a)
any return,
statement, estimates, statistics or other information regarding any matter
under the control of any municipal authority of the city; (b)
a report on
any such matter; or (c)
a copy of
any document in his charge or under his control. [487][(2) The Government may, at any time, for the purpose of satisfying
itself as to the legality or propriety of any order passed by the Commissioner
or any officer subordinate to him in exercise of the powers 'conferred by or
under this Act, or as to the regularity of the proceedings of any meeting of
the Corporation or [488][Mayor-in-Council],
held in pursuance of the provisions of this Act call for, and examine the
record of any case pending before or disposed of by the Commissioner, the
Corporation or a [489][Mayor-in-Council]
and may pass such orders in reference there to as it thinks fit: Provided
that no order shall be varied or reversed unless notice has been given to the
parties interested to appear or to be heard in support of such order.] [490][(1) The Government may depute [491][Divisional
Commissioner, Director Urban Administration, or Collector] to make an enquiry
into the affairs of the Corporation or inspection or examination of any
department, office, service, work or thing under the control of any Corporation
authority and to report to it the result of such enquiry, inspection or
examination. (2) Any officer so deputed may,
for the purpose of making such enquiry, inspection or examination, inspect the
condition of any part of the city and may require the Commissioner (a)
to produce
any record, correspondence, plan or document which is in his possession or
under his control or which is recorded or filed in his office or in the office
of any officer or servant of the Corporation; or (b)
to furnish
any report, return, plan, estimate, statement, account or statistics, and may
examine such witnesses as he thinks fit. (3) Every requisition made under
this section shall be complied with by the Commissioner, without delay.] If the
Commissioner fails within such period as may have been fixed by the Government
to comply with a requisition under Section 417 [492][or
if on receipt of any report submitted under Section 417-A or any complaint or
information] it appears to the Government that (a)
any of the
duties imposed by or under this Act or by any other law for the time being in
force has not been performed or has been performed in an imperfect, inefficient
or unsuitable manner; or (b)
the
Corporation, the [493][Mayor-in-Council],
the Commissioner or any other officer or servant of the Corporation has failed
to take such measures in any matter as appear to the Government to be required by the circumstances of the case; or (c)
adequate
financial provision has not yet been made for the performance of any such duty
or the taking of any such measure, the Government may, by written order, direct
the Corporation, the [494][Mayor-in-Council],
the Commissioner, or any other officer or servant of the Corporation within a
period specified in the order (i)
to make
arrangements to the satisfaction of the Government for the proper performance
of the duties referred to in clause (a) or to take such measures as may be
specified by the Government in connection with any matter referred to in clause
(b), or to make financial provision to the satisfaction of the Government for
the performance of any such duty or for the taking of any such measure, as the
case may be; or (ii)
to show
cause to the satisfaction of the Government against the making of such
arrangements, the taking of such measures or the making of such provision, as
the case may be. [495][(1) If the State Government desire to implement certain welfare
measures in respect of [496][housing,
public utility], sanitation or health of the public it may issue directions to
the Corporation for implementing the welfare measures specified in the
directions. (2) On receipt of directions
under sub-section (1), the Corporation shall comply with the said directions.] [497][Notwithstanding anything contained in this Act the Corporation shall
obtain public opinion on any question of public interest and in such manner as
may be directed by the Stale Government.] [498][(1) If within the period fixed by any order issued under Section 418,
or directions issued under Section 418-A, any action directed thereunder has
not been duly taken, or cause has not been shown as aforesaid, the Government
may, by order (a)
appoint some
person to take the action so directed; (b)
fix
reasonable remuneration to be paid to him; and (c)
direct that
such remuneration and the cost of taking such action shall be defrayed out of
the municipal fund and, if necessary, that any one or more of the taxes
authorised by Chapter XI shall be levied or
increased.] (2) The person appointed under
sub-section (1) may, for the purpose of taking the action directed under
Section 418 exercise any of the powers conferred on any officer of the
Corporation by or under this Act, including the power to draw cheques on the
account of the municipal fund. (3) Any bank or society having
the custody of any account referred to in sub-section (2) shall be bound to
honour cheques drawn as aforesaid on that account to the extent of the amount standing
to the credit of the municipal fund. (4) The Government may, in
addition to or instead of directing under sub-section (1) the levy or increase
of any taxes, direct by notification that any sum of money which may, in its
opinion, be required for giving effect to any order issued under that
sub-section be borrowed, by way of debenture on the security of all or any of
the said taxes, at such rates of interest and upon such terms and as to the
time of repayment and otherwise as may be specified in the notification. (5) The provisions of Chapter IX
shall apply to any loan raised in pursuance of sub-section (4). Notwithstanding
anything contained in this Act, if in the opinion of the Government any officer
or servant of the Corporation is negligent in the discharge of his duties, the
Corporation shall, on the requirement of the Government, suspend, fine or
otherwise punish him, and if in the opinion of the Government he is unfit for
his employment, the Corporation shall dismiss him. (1)
If, the
Government is of opinion that the execution of any resolution or order of the
Corporation or of any other authority or officer subordinate thereto or the
doing of any act which is about to be done or is being done by or on behalf of
the Corporation, is not in conformity with law or with the rules or bye-laws
made thereunder, or is likely to lead to a breach of the peace or to cause
injury or annoyance to the public or to any class or body of persons or is
likely to cause waste of or damage to Municipal funds, the Government may, by
order in writing, suspend the execution of such resolution or order or prohibit
the doing of any such act. (2)
A copy of
such order of the Government shall be sent to the Corporation by the
Government. (3)
On receipt
of copy of the order as aforesaid, the Corporation may, if it is of opinion
that the resolution, order or act is not in contravention or excess of the
powers conferred by any law for the time being in force, or the execution of
the resolution or the doing of the act is not likely to cause waste of or
damage to Municipal funds, make a representation to the Government against the
said order. (4)
The
Government may, after considering the said representation, either cancel,
modify or confirm the order passed by it under sub-section (1) or take such
other action in respect of the matter as may in the opinion of the Government
be just or expedient having regard to all the circumstances of the case. [499][(1) The State Government may, by an order, stating the reasons thereof,
dissolve the Corporation, if (a)
at any time
upon representation made or otherwise the State Government is satisfied that
the Corporation is not competent to perform or persistently makes default in
the performance of the duties imposed on it by or under this Act or any other
law for the time being in force or exceeds or abuses its powers, or (b)
the
Corporation fails to elect a [500][Speaker]
within one month from the date of the publication of the election of the
Councillors in the gazette by the State Election Commission after every general
election of the Councillors under sub-section (1) of Section 23 or on the
expiry of the term of the [501][Speaker]
within one month thereof, or (c)
[502][***] : Provided
that the Corporation shall be given a reasonable opportunity of being heard
before its dissolution. (2) An order passed under
sub-section (1) shall take effect from the date of its publication in the
official gazette.] [503][***] [504][(1) When the Corporation is dissolved under Section 422, the following
consequences shall ensue (a)
All
Councillors [507][and
Mayor] shall vacate their office from the date the order of dissolution of the
Corporation comes into effect. (b)
All powers
and duties of the Corporation, the [508][Mayor-in-Council]
and the Appeal Committee under this Act, may until the Corporation is
reconstituted be exercised and performed by
such person, or a committee of persons as the State Government may appoint in
that behalf. (c)
All property
vested in the Corporation shall, until the Corporation is reconstituted, vest
in such person or committee in trust for the purposes of this Act.] (2) The person or the Committee
of persons appointed under clause [509][(b)]
of sub-section (1) shall be called the Administrator of the City and may sue
and be sued in the name of the "The Administrator of the City". (3) The Administrator of the
City shall be subject to the Control of the Government and such other person or
persons as it may direct, and shall be subject also to all other restrictions,
limitations and conditions imposed by this Act on the Corporation, and
the [510][Mayor-in-Council]
and the Appeal Committee. (4) Any person or persons
appointed under clause [511][(b)]
of sub-section (1) may, at any time be removed by the State Government who
shall have power to appoint another person or persons, as the case may be, in
his or their place or places. (5) The person or persons
appointed under clause [512][(b)]
of sub-section (1) may, if the State Government so directs, receive payment for
his or their services from the Municipal Fund.] [513][***] In all
matters connected with this Act, if the Corporation makes default in carrying
out any order made by the Government or by any authority other than the
Corporation in exercise of any of the powers conferred by this Act or any rule made
thereunder, the Government shall have all the powers necessary for the
enforcement of such order at the cost of the Corporation. [514][Any officer of the Education, Public Works, Medical, Sanitary and other
Technical Departments whom the Government may by general or special order
appoint in this behalf, shall be entitled to attend any meeting of the
Corporation or [515][Mayor-in-Council]
and address it on any matter concerning the work of his department.] The
Government may make rules authorising inspection under this Act by servants of
the Government, of Institutions and works which are under the management and
control of the Corporation and regulating such inspection. [516][If any difficulty arises in giving effect to the provisions of this
Act, the State Government may, by order, do anything not inconsistent with the
provisions of this Act which appears to it to be necessary or expedient for the
purpose of removing the difficulty.] [517][The State Government may by notification delegate to any officer
subordinate to it all or any of the powers conferred upon it by or under this
Act except the powers [518][under
Section 422]. [519][The Corporation may, and if so required by the Government shall, make
bye-laws consistent with the provisions of this Act and the rules made
thereunder] for carrying out the provisions and intentions of this Act, and in
particular and without prejudice to the generality of the foregoing power, it
may make bye-laws to regulate all or any of the following matters, namely : [520][(1) (a) the extent of general supervision and control to be exercised
by the Commissioner over servants of the State placed at the disposal of
Corporation under Section 68; (b) the conditions on which property may be acquired by the Corporation
or on which property vested in the Corporation may be transferred by sale,
mortgage, lease, exchange or otherwise; (c) the authority on which money may be paid from the Municipal fund and
the management and regulation of provident funds; (d) the preparation of plans and estimates for works partly or wholly to
be constructed at the expense of the Corporation, and for the preparation, and
periodical revision of maps and registers made under Section 83, and for the
authorities by which and the conditions subject to which plans, estimates, maps
and registers are to be prepared and sanctioned; (e) the preparation of estimates of income and expenditure of the
Corporation and as to the persons by whom and the conditions subject to which
such estimates may be sanctioned; (f) the manner in which the accounts are to be kept by the Corporation,
the conditions on which such accounts are to be open to inspection by
inhabitants paying any tax under this Act, the manner in which such accounts
are to be audited and published and the power of the auditors in respect of
disallowance and surcharge; (g) the conditions on which the Corporation may receive animals or
articles into a bonded warehouse, and the agreement to be signed by traders and
other wishing to deposit animals or articles therein; (h) the manner in which public notices may be given; (1-A) (a) the time and place of committees; (b) the manner in which notice of such committees may be given; (c) the quorum necessary for the transaction of business at any
committee; (d) the filing of vacancies on committee other than the
Mayor-in-Council; (e) any other matter relating to the proceedings of the Corporation or
of the [521][Mayor-in-Council],
the holdings and regulation of meetings and the conduct of debates and the mode
of asking and answering of questions connected with the administration of this
Act and the inspection of minute books and the supply of copies of minutes to
Councillors or other person on payment of fees or otherwise; (f) the language in which the business shall be transacted, proceeding
recorded and notice issued; (1-B) the exercise by the Commissioner or any other officer or any of
the servants of the Corporation of the powers conferred upon the Corporation by
this or any other Act for the time being in force, and the conditions and
limitations subject to which such powers may be exercised; [522][1-C& 1-D Omitted] (1-E) the manner in which notice of any enquiry or order shall be given
under sub-section (1) of Section 79-A; (1-F) the conditions and limitations under which immovable property
vested in the Corporation may be transferred or disposed of; (1-G) (a) the form and contents of the report and statement to be
prepared under Section 123; (b) the publication of the said report and statement: (c) the submission of a copy thereof by the Commissioner; (1-H) (a) the manner in which and the persons by whom contracts may be
executed; (b) the security to be demanded for the due performance of contract; (c) the submission of estimates of works before contracts are
entertained; (d) the examination and acceptance of tenders; (e) the kind of works which may be executed otherwise than by contract; (1-I) the manner in which and the person by whom payment may be made out
of the Municipal fund or cheques drawn upon the said fund may be signed; (1-J) the manner in which and the person by whom coupons attached to
debentures issued under this Act may be issued; (1-K) the custody of the common seal of the Corporation and the manner
in which and the person by whom the common seal may be affixed; (1-L) the manner in which the budget estimates shall be prepared; [523][(1-M) Toll and cess on imports. The classes of goods on which, and the rate at which tolls and cess on
imports may be imposed; and the manner of collection of such cess or toll]; [524][(2) Time and mode of collection of taxes, etc.The regulation of the
time and mode of collection of any tax which may be imposed under Section 132
or which is charged and levied under Section 135.] (3) Assessment, collection,
remission, refund and recovery of taxes, cesses, etc. (a)
The date
before which, and rates at which municipal taxes to be levied shall be
determined; (b)
the
assessment, collection, composition, remission, refund and recovery of taxes
and cesses and the exemption from such taxes and cesses, and the prevention of
evasion; (c)
the date,
place and manner of paying any tax or instalment of tax payable under this Act and the person to whom it shall be paid; (d)
the fees for
notices of demand of any tax and the execution of warrants of distress and the
rates to be charged for maintenance of any livestock distrained; and the
persons authorised to receive payment of any sums so payable; (e)
the manner
in which the annual values of buildings and land shall be determined for the
purposes of assessment; (4) Drains. (a)
the
maintenance and improvement of existing drains; (b)
the
construction of new drains; (c)
the
alteration and discontinuance of drains; (d)
the flushing
and cleaning of drains; (e)
the drainage
of any building of land; (f)
the drainage
of private streets; (g)
the
construction and position of close accommodation, water-closets, privies,
urinals and similar conveniences, public or private, and bathing and washing
places and the prevention of nuisance arising therefrom; (h)
the
construction and maintenance of a sufficient number of some or all of the
aforesaid conveniences in all buildings; (i)
the payment
of the cost of agency under the authority conferred by this Act; (5) Latrines and washing places. (a)
The
maintenance and regulation of urinal, closet accommodation, water-closet, bathing
and washing place and premises appurtenant thereto, belonging to the
Corporation; (b)
the
regulation of urinals, closet accommodation, water closet, bathing and washing
places provided for the common use of the inhabitants of one or more buildings; (6) Scavenging and disposal of
refuse. The scavenging of streets and the removal or disposal of sewage and
rubbish and offensive matter from all buildings and lands within the City; (7) (a) Waterworks; (b) the inspection of waterworks; (c) the power to enter waterworks; (d) the protection of waterworks from waste, injury or contamination; (e) fire-hydrants; (f) boating, fishing or bathing in any waterworks; (g) the terms and conditions of the supply of water to lands and
buildings and the provision of meters; (h) the cutting-off of private water-supplies and the regulation of
water-supply; (i) the prevention of fraud in connection with water-supply or the use
of meters; (j) the digging or construction of any new well, tank, pond, cistern, or
fountain; (k) the prevention of the pollution of water within the city; (8) Streets. (a)
The
maintenance and improvement of public streets; (b)
projections,
obstructions, or encroachments in public streets and the issue of licences and
the conditions under which they may be issued, including the payment of rent or
fees; (c)
the
execution of works in or near public streets and the temporary occupation of
public streets; (d)
the
cleansing of private streets and keeping them free of dust by asphalting,
tarring or other means; (e)
bill-posting
and sky signs including prohibition of the same; (f)
dangerous
places; (g)
the lighting
of public streets; (h)
the watering
of public streets; (9) street traffic and the reduction of noise caused by such traffic; (10) Prohibition or restriction and regulation of use of barbed wires,
etc.the use of the barbed wire or any material likely to cause injury to
persons or animals on any land or premises abutting on any street, pathway, or
place which the public are entitled to use or frequent; (11) Hedges. the removal, trimming and cutting of trees, shrubs and
hedges: (12) Lodging houses. (a)
the number
of persons who may occupy a lodging-house and the licences necessary for
keepers of lodging-houses; (b)
the
inspection of lodging-houses; (c)
the
cleanliness and ventilation of lodging-houses; (d)
the lighting
of common spaces and staircases in lodging-houses; (e)
the
precautions to be taken in the case of any dangerous or infectious disease
breaking out in a lodging-house; (f)
the general
control of lodging houses; (13) Overcrowding.the number of persons who may occupy any building; (14) Rest-houses etc.the inspection and control of stables, camping
grounds, pounds and rest-houses; (15) Camping on public ground.the encamping or picketing of animals, or
the collection or parking of vehicles in any public place, or the use of such
places for the hailing of animals or vehicles; (16) Keeping of animals. (a)
the keeping
of animals in the city; (b)
establishment
and construction of Gwala colonies, dairies and cattle pens within r without
the city; (c)
the
importation of animals into the city and the transport of animals within the
city; (d)
measure to
be taken with stray animals or animals likely, if at large in any street or
public place, or cause annoyance or intimidation; (e)
the
prevention of cruelty to animals; (f)
the disposal
of carcasses of animals dying in the city; (g)
the
destruction of any animals which from old age or other causes are in a moribund
or infirm state or have received such injuries or are suffering from such
dangerous disease that their recovery therefrom is unlikely; (h)
the
prevention of the sale or use as human food of the carcasses of animals which
die naturally or from disease; (i)
the
prohibition of importation into, or sale or disposal or use within the
Corporation limits of any animals or of the hide or any portion of the carcass
of any animal dying or slaughtered on account of, or suffering from any
contagious or infectious disease; (17) Wash-houses.public wash-houses and the exercise of their calling by
washerman at places other than those appointed or approved by the Commissioner; (18) Dangerous and offensive trades and factories. (a)
(i) the
articles to be included in the description contained in clause (a) of Section
248; (ii) the prohibition or regulation by licence or otherwise of the
storage or keeping of such articles; (b)
(i) the
trades, manufactures, industries or operations to be included in the
description contained in clause (c) of Section 248; (ii) the prohibition or regulation by licence or otherwise of the
exercise of such trades, manufactures, industries, or operations; (iii) the supervision and sanitary regulation of factories and workshop; (19) Exemption of articles and trade operations.the articles or quantity
thereof and the trade operations connected with trade which may be exempted; (20) Standard of water used in aerated waters, etc.the control of the
manufacture preparation or sale of aerated water or of cordials; (21) Lables and inscriptions.the form or kind of label to be attached to
packages containing articles of food or drink or drugs or any mixture thereof
and the inscription on the label of such particulars, directions, statement,
information or words as may be specified; (22) Nuisances. (a)
the
discharge of smoke, steam, dust, fumes or noxious vapours; (b)
the use of
whistles, trumpets and noise-producing instruments operated by any mechanical
or other means; (c)
the
prevention of other nuisances; (23) Advertisement. the exhibition or advertisements and hoardings and
similar structures used for the purpose of advertising; (24) Management of Municipal markets, etc., and the supervision of the
manufacture, storage and sale of food. (a)
The sale of
the flesh of any four-footed animal not slaughtered in a Corporation
slaughter-house and the importation within the Corporation limits of the flesh
of any such animal from outside these limits; (b)
the sale of
meat; (c)
the
regulation and sanitary conditions of municipal slaughter-houses; (d)
the
regulation and sanitary conditions of municipal markets; (e)
the
destruction of diseased animals; (f)
the manufacture
for sale and the sale of articles of food, drink or drugs either by licence or
otherwise; (g)
the
qualifications of persons who may compound, mix, prepare, dispense or sell any
drugs and the certificates or permissions necessary; (h)
the hours
and manner of importation into, or of transport within the city of any articles
of food and drink or drugs, by licence for such importation or transport or
otherwise; (i) the places at which articles of food and drink or drugs shall be
produced for inspection prior to importation, transport or exposure for sale; (i)
the places
in which articles of food and drink or drugs may or may not be manufactured,
kept, sold or exposed for sale; (j)
the notice
boards to be exhibited by the vendors and labels to be affixed by them to
adulterated articles of food and drink or drugs exposed for sale and the
particulars which such notice boards and labels shall contain; (k)
the
importation or transport within the city of any articles of food or drink
produced under such conditions as will make them or are likely to make them
injurious to the health of persons consuming them; (l)
the
supervision and sanitary condition of bakeries, places where sweets are
manufactured, public eating-houses, stalls aerated water and ice factories and
dairies, stables and buildings or enclosures where animals are kept, whether or
not the animals therein are kept for profit; (m)
the exposure
of goods for sale on streets and the levying of fees from persons setting up
stall or otherwise selling or exposing goods for sale on the streets; (n)
the
regulation of the manner in which foodgrains intended for sale may be stored; (o)
the
precautions to be taken for protecting milch-cattle, milk and milk products
against infection or contamination; (p)
the giving
of notice of the outbreak of any contagious disease among animals and
prescribing precautions to be taken for preventing the spread of any such
disease; (q)
the hawking
of articles of food and drink; (r)
the
prevention of undesirable or diseased persons from entering municipal markets; (25) Private Markets. (a)
the
construction and structural and architectural features of private markets; (b)
the
drainage, water-supply, ventilation, lighting, sanitary conditions and
regulation of private markets; (c)
the
prevention of cruelty, nuisance, obstruction and overcrowding in, or in the
approaches to, or in the passage of, private markets; (d)
the
supervision of private markets; (e)
the days on
which and the hours during which any private market may be held or closed; (f)
the
prevention of all undesirable or diseased persons from entering private
markets; (g)
the
prohibition of all persons from selling in a private market in respect of which
a licence has been refused, cancelled, or suspended: [525][(25-A) licence to pawn brokers, the conditions for such licences and
the determination of the amount to be paid for such licences;) (26) Registration of birth and deaths, etc.the registration of all
births, deaths and marriages which lake place within the city, the taking of a
census and the verification of death and the causes of deaths; (27) Licensing of theatres, etc. (a)
the safety,
sanitation and internal arrangement of theatres or other places of public
entertainment or resort and the control and inspection thereof, in order to
ensure the safety, health and convenience of persons employed in, or visiting,
attending or resorting to the same; (b)
the
licensing of such entertainments; (28) Construction of building. (a)
the
information and plans to be submitted with applications for the approval of
sites for buildings and for permission to erect or re-erect any buildings; (b)
the period
within which sanction for erection or re-erection of a building must be granted
or refused; [526][(bb) the appointment of a person to supervise the work of erection or
re-erection of building or of any specified class or classes of buildings and
his qualifications;] (c)
the grant of
a completion certificate for newly erected or re-erected buildings and the
persons by whom such certificates shall be granted; (d)
the heights
of buildings; (e)
the level
and width of the foundations, the level of the lowest floor or plinth and the
stability of the structure; (f)
the number
and height above the ground, or above the next lower storey, of the storeys of
which any buildings may consist; (g)
the height
and slope of the roof above the uppermost floor upon which human beings are to
live or cooking operations are to be
carried on and the provisions of chimneys for cooking operations; (h)
the space to
be left about any buildings to secure the free circulation of air and to
facilitate scavenging and to prevent fire and the minimum width of streets in
front of building; (i)
the
ventilation and drainage of buildings and the minimum dimensions of doors and
windows; (j)
the means
and appliances to be provided and maintained for egress from buildings and protection
of life in case of fire; (k)
the material
to be used and the method of construction to be adopted for any building or
class of buildings and the provision of impervious floors and damp-proof
courses for walls; (l)
the
position, materials and method of construction of fireplaces, smoke-escapes,
chimneys, staircases, water-closets, water-closet accommodation and drains in
building; (m)
the parts or
portions of building sites on which no building shall be erected; (n)
the paying
of any passage between two buildings or appurtenant to any building; (o)
the
restriction on the use of inflammable materials in buildings; (p)
the
precautions to be taken for the purposes of preventing danger or injury to the
public or to the persons employed in erecting a building and of securing the
stability of the various parts of the building and buildings and other property
in the vicinity thereof, during the progress of the building or of any
demolition or excavation incidental thereto; (q)
the line of
frontage where a building abuts on a street; (r)
the
materials and methods of construction to be used for godowns intended for the
storage of foodgrains in excess of fifty mounds; (s)
the minimum
requirements, including dimensions of accommodation for human beings and of
accommodation for animals; (t)
the position
and dimensions of projections beyond the outer face of any external wall of a
building; (u)
the height
of factory chimneys and the consumption of smoke; (29) Removal or improvement of insanitary building. (a)
the removal
or improvement of insanitary buildings and building in a ruinous of dangerous
condition; (b)
the marking
of vacant uninhabitable buildings; (c)
the
cleansing, lime-washing, painting, or repair of such buildings; (d)
the exercise
of compulsion upon the owners or occupiers to take such order with abandoned,
unoccupied or neglected buildings or lands as the Commissioner may direct; (e)
the
excavation of earth, stone or other materials from any place; [527][(29-A) the assessment of compensation by the Corporation under Section
306;] (30) Passenger-lifts. (a)
the
construction, maintenance and working of passenger-lifts, and all machinery and
apparatus pertaining thereto; (b)
the
construction, maintenance, fencing and lighting of shafts, landings, hatches
and gates connected with passenger-lifts; (c)
the entry
upon, and inspection of any premises containing a passenger-lift by such
persons as the Commissioner may authorise in this behalf; (d)
the
prohibition of the use of any lift where any bye-law made under this
sub-section has not been complied with : Provided
that such bye-laws shall not affect any provisions of the Factories Act, 1948,
or of the Indian Electricity Act, 1910, or any rules framed thereunder. Explanation.
A lift actually used as a lift by passengers is, for the purposes of this
sub-section, passenger-lift notwithstanding that it may not have been
constructed for that purpose and that its use as passenger-lift is not
authorised by the owner or occupier thereof; (31) Precautions in demolition of buildings. (a)
the
precautions to be taken for the prevention of danger or injury to the public
during, and to persons engaged in, the demolition of buildings or parts of a
building and for the protection of other parts of the same building and of
other buildings in the vicinity thereof; (b)
the notice
to be given by any person intending to demolish a building or part of a building to the Commissioner together with
particulars of the purposed demolitions and of the precautions to be taken
during the progress of the work; (c)
the
prohibition of the commencement of demolition within a prescribed period except
with the permission of Commissioner; (d)
the
prohibition of the commencement or continuation of the demolition until all
precautions have been and are being taken in accordance with the [528][bye-laws]
and, with any directions and requisitions in writing which the Commissioner may
issue to the person in charge of the work or to the person who submitted the
notice, if any, required under the [529][bye-laws;] (32) Improvement of insanitary lands. (a)
the
prohibition of accumulation of water in any pool, ditch, tank, well, pond,
quarry hole, drain, water-course, cistern or other receptacle; (b)
the
prohibition of cultivation, use of manure or irrigation, injurious to health; (c)
the paving
and draining of cattle stands; (d)
the adoption
of measures generally to render insanitary lands sanitary; (33) Holding of fairs, etc.the holding of fairs and industrial
exhibitions within or without the city; (34) Protecting of property of the Corporation.the protection of the
property of the Corporation from injury; (35) Protection against fire.the stacking of inflammable materials and
of the lighting of fires in the city; (36) Charges for services by municipal authorities.the charges for
services rendered by any municipal authority; (37) Register of improvement charges.the maintenance of a register
showing charges on building or lands for improvement expenses under Section
357; (38) Appointment of agents by owners of lands not resident in the
city.the appointment by owners of buildings or lands in the city, who are not
resident in the city of persons residing within or near the city to act as
their agents for all or any of the purposes of this Act or any rule or bye-law
made thereunder; (39) Inspection and control of brothels, etc.Licensing and medical Examination of prostitutes and inmates of brothels and inspection and
control of brothels and disorderly houses; (40) Mode of performance of acts otherwise provided for.The person by
whom and the time, place and manner at or in which anything prescribed under
this Act, shall be done, where no express provision has been made therefor; (41) Licences and notices.The form of licences and notices issued under
this Act and the authority entitled to sign or issue them; (42) Burial and burning grounds.the manner of carrying and the disposal
of the dead; the control, use and management of burial and burning grounds; the
maintenance of all such places in good order and in a safe and sanitary
condition, and the prevention of encroachments thereon; (43) Vehicles or animals plying for hire. (a)
vehicles or
animals plying for hire within the limits of the Corporation, the issue of
licences to proprietors or drivers of such vehicles or animals; the
prescription of types and specification of vehicles or animals to be licensed
and the fixing of fees payable for such licences and the conditions on which
they may be granted, suspended or revoked; (b)
the rates
which may be demanded for the hire of any carriage, cart, motor vehicle or
other conveyance or animals hired to carry loads on persons, and restriction on
the loads or persons which may be carried by any animals or carriage, cart or
other conveyance plying for hire, within the limits of the Corporation : [530][Provided that no bye-laws made under sub-clause (a) or (b) shall apply
to any vehicle to which the Hackney Carriage Act, 1897 (XIV of 1879), applies
in any area where that Act is in force; Provided further that the operation of any bye-laws made under the
provisions of sub-clause (a) or (b) may with the sanction of the Government be
extended to (i)
any railway
station; (ii)
the whole or
any part of any street so far as such street is situate within ten miles of the
limits of the Corporation; (iii)
the whole or
any part of any street leading from the limits of the Corporation to the limits
of any municipality, cantonment or Panchayat, if the distance between the
limits of the Corporation and the boundaries
of these authorities does not exceed fifty miles, and the Corporation and the
authorities concerned each consent to the extension of such bye-laws;] (44) Poor-houses. (a)
the
maintenance of poor-houses by the Corporation or by private persons or
institutions; (b)
the
maintenance of poor-houses before a poor-house managed by a private person or
institution is approved by the Corporation; (c)
the
compulsion of able-bodied beggars to work; (d)
the nature
of the work which may be required of beggars and the kind of food to be
supplied to them; (e)
the
authority by which exemption from the obligation to work may be granted in a
poor-house on the ground of ill-health or debility; (f)
the
authorities for the inspection of poor-houses; (45) Preventing of use of false or incorrect weights, etc.the preventing
of use in any market of false or incorrect weights, scales or measures; [531][(45-A) the printing and sale of bye-laws made under this Act and
provision for the exhibition thereof in suitable places; (45-B) the formation and working of the municipal fire-brigade; (45-C) generally for the guidance of the municipal authorities and
public officers in carrying out the purposes of this Act; (45-D) conditions, fees and limitations for compounding of offences; (45-E) the naming and numbering of streets and the numbering of houses; (45-F) the case in which inspection and copies of municipal records may
be granted, and the procedure and the fees for the grant of such inspection or
copies;] (46) Generally for carrying out the purposes of this Act. (1)
In making a
bye-law under Section 427 the Corporation may provide that a breach or any
abetment of a breach of it shall be punishable [532][(a) with fine which may extend to [533][five
thousand rupees] and in the case of a continuing breach with fine which may
extend to [534][one
hundred rupees] for each day during which the breach continues after conviction
for the first breach; or] (b) with fine which may extend
to ten rupees for every day during which the breach continues after receipt of
written notice from the Commissioner to discontinue the breach. (2)
In lieu of
or in addition to such fine, the Magistrate may require the offender to remedy
the mischief so far as in his power. No bye-law
shall be made by the Corporation, unless [535][(a) a notice of the intention of the Corporation to take such bye-law
into consideration shall be given continuously for two days in such two daily
newspapers which are in the approved list of Government for advertisement
purpose having circulation in the area to which it relates and a copy thereof
shall be affixed in a conspicuous place in the office of the Collector, in the
office of the Municipal Corporation, and in the area to be affected by such
bye-law and announcement of such bye-law shall also be made on loud speaker in
such area, at least six weeks before the date on which the Corporation finally
considers such bye-law.] (b) a printed copy of such
bye-law shall have been kept at the chief municipal office and made available
for public inspection free of charge by any person desiring to pursue the same
at any reasonable time for at least one month from the date of the notice given
under clause (a); (c) printed copies of such
bye-law shall have been delivered to any person requiring the same on payment
of such fee for each copy as shall be fixed by the Commissioner; (d) all objections and
suggestions which may be made in writing by any person with respect thereto
within one month of the date of the notice given under clause (a) shall have
been considered by the Corporation. (1)
No bye-law
made by the Corporation under this Act shall have any validity until it is
confirmed by the Government. (2)
Before
sanctioning any such bye-law the Government may modify it. (3)
The
Government may cancel its confirmation of any such bye-law and thereupon the
bye-laws shall cease to have effect. All bye-laws
made and confirmed under this Act shall be published in the Gazette and shall
thereupon have effect as if enacted in this Act. (1)
If it shall
at any time appear to the Government that any bye-law should be modified or
repealed either wholly or in part, it shall cause its reasons for such opinion
to be communicated to the Corporation and prescribe a reasonable period within
which the Corporation may make any representation with regard thereto which it
shall think fit. (2)
After
receipt and consideration of any such representation or, if in the meantime no
such representation is received, after the expiry of the prescribed period, the
Government may at any time by notification in the Gazette, modify or repeal
such bye-law either wholly or in part. (3)
The
modification or repeal of a bye-law under sub-section (2) shall take effect
from such date as the Government shall in the said notification direct or, if
no such date is specified, from the date of the publication of the said
notification in the Gazette, except as to anything done or suffered or omitted
to be done before such date. [536][(1) The State Government may, from time to time make model bye-laws for
any matter in respect of which a Corporation is empowered to make bye-laws
under this Act, and publish them in the Gazette for the guidance of
Corporation. (2) If it appears to the State
Government that in any Municipal Corporation bye-laws are necessary for any
matter in respect of which model bye-laws have been published under sub-section
(1) it may require the Corporation to adopt such model bye-laws modified to
suit local conditions. (3) If any Corporation fails to
comply with a requisition made under sub-section (2) within six months of the
making thereof the State Government may apply to such Corporation the model
bye-laws with such modifications, if any, as it may think fit.] (1) [537][The
State Government] may [538][x
x x] make rules for the purpose of carrying into effect the provision of this
Act. [539][x
x x]. [540][(2) In particular and without prejudice to the generality of the
foregoing power such rules may provide for the following matters, namely : (a)
the manner
of making applications for permission to borrow money; the enquiries to be made
in relation to loans and the manner of conducting such enquiries; the
inspection of any works carried out by means of loans and the utilisation of
unexpanded balances of loans, etc; (b)
the returns,
statements and reports to be submitted by the Corporation; (c)
any other
matter which is to be or may be prescribed.] [541][(3) All rules made under this Act shall be laid on the table of the
Legislative Assembly.] (1)
Whoever (a)
contravenes
any of the provisions of this Act or of the rules 1[or bye-laws]
made thereunder mentioned in the first column of the following table; or (b)
fails to
comply with any direction lawfully given to him or any requisition lawfully
made upon him under any of the said provisions or rules [542][or
bye-laws] shall be punishable with fine which may extend to the amount
mentioned in the third column of the said table. (2)
Whoever
after having been convicted of any offence under clause (a) or (b) of
sub-section (1), continues to commit such offence shall be punished for each
day after the first during which he continues so to commit offence, with fine
which may extend to the amount mentioned in the fourth column of the said
table. As applicable to the State of Madhya Pradesh [543][TABLE Section, sub-section or clause Brief reference to subject-matter Maximum fine which may be imposed Daily fine which may be imposed when the offence
is a continuing one (1) (2) (3) (4) Section
203 New
Building not to be erected without drains Five
thousand rupees Two
hundred rupees Section
205, sub-section (1) Owner of
land to allow other to carry drains through the land. Five
hundred rupees Fifty
rupees Section
206 Owner of
land to allow use thereof right ownership therein to others Five
hundred rupees Fifty
rupees Section
208 Resistance
to order of the Commissioner regarding use of joint ownership of a drain. Five
hundred rupees One
hundred rupees Section
209 Resistance
to Commissioner draining premises in combination. Five
hundred rupees One
hundred rupees Section
210 Resistance
to the Commissioner constructing drains of failure to maintain and keep in
repair portion of a drain vesting in an owner. Five
hundred rupees Fifty
rupees. Section
211 Resistance
to the Commissioner affixing shafts or pipes for ventilation of drains. Five
hundred rupees One
hundred rupees Section
246 Establishment
of factory etc. without permission of the Commissioner. Five
hundred rupees Five
hundred rupees Section
248 Storing
dangerous or offensive article or carrying on dangerous or offensive trades. Five
thousand rupees Five
hundred rupees Section
254, sub-section (1) Keeping
open a private market without permission. Two
thousand five hundred rupees. Two
hundred fifty rupees. Section
254, sub-section (2) Establishment,
removal, opening, re-establishment or enlarging of private market without
permission. Five
thousand rupees Five
hundred rupees Section
255 Selling
animals, meat etc. outside market without a licence. One
thousand rupees Five
hundred rupees Section
257, sub-section (3) Slaughter
of animals without permission out side municipal slaughter house. Five
thousand rupees Section
259 Sale of
diseased or unwholesome animals or articles intended for human food. One
thousand rupees for a first offence and five thousand rupees for any
subsequent offence. Section
260 Keeping
adulterations in place where butter ghee, etc. are manufactured. One
thousand rupees Section
261 Sale, etc.
of notified article which is not of prescribed standard of purity One
thousand rupees for a first offence and five thousand rupees for any
subsequent offence. Section
262 Sale, etc.
of substitutes One
thousand rupees for a First offence and five thousand rupees for any
subsequent offence. Section
267, sub-section (3) Removing,
interfering or tampering with animal, food, drink, drug etc. seized and left
in custody. One
thousand rupees Section
272 Failure to
give information of existence of dangerous diseases. Five
thousand rupees Section
289, sub-section (1), clause (a), (b), and Prohibition
of burials etc. without permission. Five
thousand rupees Section
289, sub-section (1), clause (c) Burial or
burning of any corpse at any other place which is not a burial or burning
ground. Five
thousand rupees Section
29.1 Erection
or re-erection of building in contravention of a town planning scheme. Five
thousand rupees Five
hundred rupees Section
293 Prohibition
of erection or re-erection of buildings without permission of the
Commissioner Five
thousand rupees Five
hundred rupees Section
301, sub-section (1) Notice to
be given to the Commissioner on completion of building. Five
hundred rupees Section
301, sub-section (4) Prohibition
of occupation of new or re-erected building without permission of the Commissioner. Five
thousand rupees One
hundred rupees Section
309, sub-section (3) Entering
into or remaining in a building which has been declared unfit for human
habitation. Five
thousand rupees One
hundred rupees Section
310, sub-section (1) Requisition
to remove or repair building in ruinous or dangerous state. Five
hundred rupees Fifty
rupees. Section
310, sub-section (3) Entering
into or remaining in ruinous or dangerous building from which occupants have
been removed. Two
thousand rupees One hundred
rupees Section
318, sub-section (1) Prohibition
of projections upon street etc. Two
thousand rupees One
hundred rupees Section
318, sub-section (2) Requisition
to remove the same. Two
thousand rupees One
hundred rupees Section
324 Requisition
to alter ground floor doors, etc. opening on roads, or streets etc. One
thousand rupees One
hundred rupees Section
325 Requisition
to remove projections upon streets etc. Two
thousand rupees Five
hundred rupees Section
328, sub-section (1) Laying out
of private streets otherwise than in accordance with the permission of the
Commissioner. Five
thousand rupees Five
hundred rupees.] Whoever
contravenes any provisions of Section 229, 230, 285, 375, 411 or
412 or any order made thereunder, or fails to comply with any lawful direction
or requesting under any of the said provisions, shall be punished with
imprisonment for a term which may extend to one month or with fine which may
extend to [544][five
thousand rupees] or with both. Whenever the
terms or any one of the terms of a notice are not complied with, the
Commissioner may after six hours' notice, cause the term or terms to be
complied with through Municipal agency. Any person
who wilfully obstructs any Corporation authority, or any Corporation officer or
servant, of any person authorised by any Corporation authority in the exercise
of powers conferred by this Act or any rules or bye-laws made thereunder shall
be punished with imprisonment for a term which may extend to one month or with
fine which may extend to [545][five
thousand rupees] or with both. If any
Councillor, Corporation Officer, of servant knowingly acquired, directly or
indirectly by himself or a partner or employer or employee, any share or
interest in any contract or employment with, by or on behalf of, the Corporation,
not being a share or interest permissible under sub-section (3) of Section 59
for an officer or servant of the Corporation to have without being thereby
disqualified from employment of the Corporation, he shall punishable with
simple imprisonment for a term which may extend to one year [546][or
with fine which may extend to one thousand rupees or with both]. [547][(1)] Any essential officer or servant contravening any of the provisions
of Sections 64 or 65 shall be punishable with imprisonment which may extend to
six months [548][or
with fine which may extend to one thousand rupees or with both]. [549][(2) An offence punishable under sub-section (1) shall be cognizable and
the provisions of the Code of Criminal Procedure, 1898, with respect to the
cognizable offence shall, as far as may be applied thereto.] Whoever
contravenes any provision of this Act or rule, bye-law, regulation, licence,
permission or notice issued thereunder or fails to comply with any requisition
lawfully made under any such provision shall, if no
penalty is provided in any other provision of this Act for such contravention
or [550][be
punished with fine which may extend to [551][one
thousand rupees) and if the contravention or failure is a continuing one,] with
fine which may extend to [552][two
hundred rupees] for every day on which such contravention or failure continues
after the first conviction : Provided
that when the notice or requisition fixes a time within which a certain act is
to be done and no time is specified in this Act it shall rest with the
Magistrate trying an offence under this section to determine whether the lime
so fixed was reasonable for purposes of compliance with the notice or requisition. [553][(1) No election or [554][nomination]
under this Act shall be called into question except by a petition presented in
accordance with the provision of this section. (2) Such petition may be
presented on one or more of the grounds specified in Section 441-B (a)
by any
candidate at such election or [555][nomination];
or (b)
(i) in the
case of an election of a Councillor, by any voter of the ward concerned; (ii) in the case of [556][nomination]
of a Councillor, by any Councillor; [557][(iii) in the case of election of Mayor, by any voter of the Municipal
area], to the principal Civil Court of original jurisdiction (hereinafter
referred as the Court) within the local limits of whose jurisdiction the
election or [558][nomination]
was held. (3) No petition presented under sub-section (2) shall be admitted unless (i)
it is
presented within thirty days from the date on which the result of such election
or [559][nomination]
was-notified in the Gazette; and (ii)
it is
accompanied by a Government Treasury receipt showing a deposit of two hundred
and fifty rupees. (4) A petitioner shall join as respondents to his petition (a)
where the
petitioner, in addition to claiming a declaration that the election or [560][nomination],
as the case may be, of all or any of the returned candidates is void, claims a
further declaration that he himself or any other candidate has been duly
elected or [561][nominated],
all the contesting candidates other than the petitioner, and where no such
further declaration is claimed, all the returned candidates; (b)
any other
candidates against whom allegations of any corrupt practices are made in the
petition. (5) An election petition shall (a)
contain a
concise statement of the material facts on which the petitioner relies; (b)
with
sufficient particulars, set forth the ground or grounds on which the election
or [562][nomination]
is called in question; (c)
be signed by
the petitioner and verified in the manner prescribed in the Code of Civil
Procedure, 1908 (V of 1908), for the verification of pleadings. (1)
A petitioner
may claim (a)
a
declaration that the election or [563][nomination]
of all or any of the returned candidates is void; and (b)
in addition
thereto, a further declaration that he himself or any other candidate has been
duly elected or [564][nominated]. (2)
The
expression "returned candidate" means a candidate whose name is
notified in the Gazette under Section 22. (1)
Subject to
the provisions of sub-section (2), it the Court is of the opinion (a)
that on the
date of his election or [565][nomination]
a returned candidate was not qualified or was disqualified, to be chosen as
a [566][Mayor
or a Councillor]; or (b)
that any
corrupt practice has been committed by a returned candidate or his agent or by
any other person with the consent of a returned candidate or his agent; or (c)
that any
nomination paper has been improperly rejected; or (d)
that the
result of the election or [567][nomination],
in so far as it concerns a returned candidate has been materially affected (i)
by the
improper acceptance of any [568][nomination];
or (ii)
by a corrupt
practice having been committed in the interest of the returned candidate by a
person other than that candidate or his agent or a person acting with the
consent of such candidate or agent; or (iii)
by the
improper acceptance or refusal of any vote or reception of any vote which is
void; or (iv)
by the
non-compliance with the provisions of this Act or of any rules or orders made
thereunder save the rules framed under [569][Section
14] in so far as they relate to preparation and revision of list of voters, the
Court shall declare the election of the returned candidate to be void. (2)
If in the
opinion of the Court a returned candidate has been guilty by an agent of any corrupt
practice, but the Court is satisfied (a)
that no such
corrupt practice was committed at the election or [570][nomination]
by the candidate, and every such corrupt practice was committed contrary to the
instructions, and without the consent of the candidate; (b)
that the
candidate took all reasonable means for preventing the commission of corrupt
practices at the election or [571][nomination]:
and (c)
that in all
other respects the election or [572][nomination]
was free from any corrupt practice on the part of the candidate or any of his
agents, then, the Court may decide that the election or [573][nomination]
of the returned, candidate is not void. An election
petition shall be enquired into and disposed of according to such summary
procedure as may be prescribed by rules made under this Act. (1)
At the
conclusion of the trial of an election petition, the Court shall make an order (a)
dismissing
the election petition; or (b)
declaring
the election or [574][nomination]
of all or any of the returned candidates to be void; or (c)
declaring
the election or [575][nomination]
of all or any of the returned candidates to be void and the petitioner and any
other candidate to have been duly elected or [576][nominated]. (2)
If any
person who filed an election petition has, in addition to calling in question
the election or [577][nomination]
of the returned candidate, claimed declaration, that he himself or any other
candidate has been duly elected or [578][nominated]
and the Court is of opinion (a)
that in fact
the petition or such other candidate received a majority of the valid votes; or (b)
that but for
the votes obtained by the returned candidate the petitioner or such other
candidate would have obtained a majority of the valid votes, the Court shall,
after declaring the election or [579][nomination]
of the returned candidate to be void, declare the petitioner or such other
candidate, as the case may be, to have been duly elected or [580][nominated]. (3)
At the lime
of making an order under this section, the Court shall also make an order (a)
where any
charge is made in the petition of any corrupt practice having been committed at
the election or [581][nomination],
recording (i)
a finding
whether any corrupt practice has or has not been proved to have been committed
at the election (ii)
the name 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 (b)
fixing the
total amount of costs payable, and specifying the person by and to whom costs
shall be paid : Provided
that a person who is not a party to the petition shall not be named in the
order under sub-clause (ii) of clause (a) unless (a)
he has been
given notice to appear before the Court and show-cause why he should not be so
named; and (b)
if he
appears in pursuance of the notice, he has been given an opportunity of
cross-examining any witness who has already been examined by the Court and has
given evidence against him, of calling evidence in his defence and of being
heard. If during
the trial of an election petition it appears that there is an equality of votes
between any candidate at the election or [583][nomination]
and that an addition of a vote would entitle any of those candidates to be
declared elected or [584][nominated],
then, the Court shall decide between them by lot and proceed as if the one for
whom the lot falls had received an additional vote. (1)
No appeal
shall lie against the decision of the Court on petition. (2)
Any person
aggrieved by the decision of the Court on the petition may within thirty days
from the date of such decision apply to the High Court for revision on any of
the following grounds. (a)
that the
decision is contrary to law; (b)
that the
Court has exercised jurisdiction not vested in it by law or has failed to
exercise jurisdiction vested in it by law, but subject to such orders as the
High Court may pass thereon, such decision shall be final. If any
person, after the commencement of this Act, is, upon the trial of an election
petition thereunder, found guilty of any corrupt practice, he shall, for a
period of five years from the date on which such finding takes effect, be
disqualified for voting at any election : Provided
that the State Government may, by notification, remove the disqualification
incurred under this section with effect from such date as may be specified
therein. The
following shall be deemed to be corrupt practices for the purposes of this Act: (i)
Bribery as
defined in clause (1) of Section 123 of the Representation of the People Act,
1951 (43 of 1951). (ii)
Undue
influence as defined in clause (2) of the said section. (iii)
The
systematic appeal by a candidate or his agent or by any other person with the
consent of a candidate or his election agent, 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. (iv)
The publication
by a candidate or his agent or by any other person with the consent of a
candidate or his election agent 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 personal character or conduct of any candidate or in relation
to the candidature, or withdrawal of any candidate, being a statement
reasonably calculated to prejudice the prospects of that candidate's election. (v)
The hiring
or procuring whether payment or otherwise of any vehicle or vessel by a
candidate or his agent or by any other person with the consent of a candidate
or his election agent 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 in accordance with the rules made under this Act : 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 or from any such
polling station 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: Provided further that the use of any public transport vehicle or vessel
or any tram car or railway carriage by an elector at his own cost for purpose
of going to or coming from any such polling station shall not be deemed to be a
corrupt practice under this clause. 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. (vi)
The holding
of any meeting in which intoxicating liquors are served. (vii)
The issuing
of any circular, placard or poster having a reference to the election which
does not bear the name and address of the printer and publisher thereof. [585][(vii-a) the incurring or authorising of election expenditure in excess
of the amount prescribed under Section 14-A.] (viii)
Any other
practice which the State Government may prescribe by rules to be corrupt
practice.] [586][(1) On and from the date this Act is made applicable to any city, the
following consequences shall ensue, namely : (a)
the
Municipal Council of the City existing immediately before the date aforesaid
shall cease to exist and all the councillors thereof shall vacate their
offices; (b)
the
administration of the Corporation shall vest in the Administrator who shall be
appointed by the Government; (c)
the
Administration shall be deemed to be the Corporation and shall exercise the
power and perform the duties conferred or imposed by or under this Act on the
Corporation, the [587][Mayor-in-Council],
the Appeal Committee and the Commissioner : Provided that
the Administrator shall cease to exercise the powers and perform the duties
conferred or imposed by or under this Act on the Commissioner with effect from
the date the Commissioner is appointed in accordance with the provisions of
this Act; (d)
all municipal
officers and servants in the employment of the said Municipal Council shall be
officers and servants employed by the Corporation under this Act, as if they
had been appointed under Section 58. (e)
[588][***] (3) The Administrator shall cease
to hold office on the date appointed for the first general meeting of the newly
constituted Corporation after such elections. (4) Any person appointed
Administrator under sub-section (I) shall receive from the Corporation fund for
his services such pay and allowances as may be fixed by the Government. (5) Notwithstanding anything
contained in this Act or any rule or bye-law made thereunder, the conditions of
service, pay and allowances existing in respect of all permanent officers and
servants of the said Municipal Council on the dale immediately before the date
referred to in sub-section (1) shall be deemed to be their existing conditions
of service, pay and allowances under this Act : Provided
that the service rendered by such officers and servants before the date referred
to in sub-section (1) shall be deemed to be service rendered in the service of
the Corporation]. (1)
For every
industrial township notified under the proviso to sub-section[589]
(1) of Section 7, there shall be a Township Committee which shall be a body
corporate by the name of Industrial Township committee and shall have perpetual
succession and a common seal and shall have power to acquire hold and dispose
of property and to enter into contract and shall by the said name sue and be
sued. (2)
The Township
Committee shall consist of such number of members as may be prescribed. (3)
Out of the
total number of members determined under sub-section (2) one third members
shall be elected from the wards of Industrial Township, one-third shall be
nominated by the State Government and one third shall be nominated by the
Industrial Establishments situated in the Industrial Township in the manner
prescribed. (4)
The State
Government shall, by notification, in the Official Gazette, determine the
number and extent of wards to be constituted within the area of each Industrial
Township and only one member shall be elected from each ward. (5)
The
Superintendence, direction and control of the preparation of electoral rolls
for, and conduct of election of members of the Committee shall be vested in the
Stale Election Commission and the provisions of the Madhya Pradesh Nagar Palika
Nirvachan Niyam, 1994 shall apply to such election mutatis mutandis. (6)
The members
of the Township Committee referred to in sub-section (3) shall, as soon as may
be, elect two members from amongst themselves to be respectively President and
Vice-President in the manner prescribed. (7)
Every
Township Committee shall have one Executive Officer to be appointed by the
State Government on deputation. (8)
Every
Township Committee shall continue for five years from the date of the election
of its President and Vice-President. (9)
As soon as a
scat of a member becomes vacant it shall be filled in the following manner: (i)
if a seat of
an elected member becomes vacant, the Executive Officer of the Committee shall
inform the State Election Committee forthwith for filling of the vacancy; (ii)
if a seat of
nominated member becomes vacant the Executive Officer shall inform the State
Government or the Industrial Establishment, as the case may be : Provided
that if the remaining period of the Committee is less than six months such
vacancy shall not be filled in. (10)
The
functions and powers of Township Committees and the procedure for the conduct
of their business shall be such as may be prescribed. (11)
The source
of income of every committee shall be mainly the contribution from the
Industrial Establishments as may be prescribed by the State Government and such
taxes and fees as provided in the Act may be imposed by, the Committee with the
prior approval of the State Government. For every Township committee there
shall be constituted a Township Committee Fund bearing the name of the Township
and there shall be placed in the credit thereof (a)
Contributions
made by the Industrial Establishments; (b)
Taxes and
fees imposed by the Township Committee. (c)
All other
sums received by or on behalf of the Township Committee. (12)
The State
Government may issue to the Township Committee, such general or special
directions as to the policy, as it may think necessary and the committee shall
be bound to follow and act upon such directions. (13)
Subject to
such limitations and conditions, as may be imposed by the State Government, all
other provisions of the Act shall apply to the Committee.] [590][***] [591][***] [592][***] [593][Transitory provisions. All the
Municipal Corporations existing immediately before the commencement of the
Constitution (74th amendment) Act, 1992 shall continue till the expiration of
their duration unless sooner dissolved by a resolution passed to that effect by
the Legislative Assembly of the State. [594][Transitory provisions. (1)
All the
Mayors and the Deputy Mayors of the Corporation and President and
Vice-President of the Municipal Council and Nagar Panchayat existing
immediately before the commencement of Madhya Pradesh Nagar Palik Vidhi
(Sanshodhan) Adhiniyam. 1997 (hereinafter referred to as the said Adhiniyam)
shall continue to function till the expiration of the duration of the existing
Corporation or the Council, as the case may be : Provided
that if a vacancy occurs due to any reason as provided in the Act, is shall be
filled in accordance with the provisions of the said Adhiniyam: Provided
further that the Deputy Mayor shall be designated as Speaker of the
Corporation. (2)
The Standing
Committee, and the Consultative Committees of Corporation and the Standing
Committees, and Executive Committees of the Councils existing immediately
before the commencement of the said Adhiniyam shall continue to function till
the expiry of three months from the date of commencement of the said Adhiniyam
and thereafter new committees shall be constituted for the remaining period of
the Corporation or the Council, as the case may be, in accordance with the
provision of the said Adhiniyam.) [595][General Amendment. In the
Madhya Pradesh Municipal Corporation Act, 1956 for the words "the Standing
Committee" wherever they occur the words "the Mayor-in-Council"
and in the Madhya Pradesh Municipalities Act, 1961 for the words "the
Standing Committee" wherever they occur, the words "the
President-in-Council" shall be substituted and in both the Acts for the
words "Departmental Committee" wherever they occur the words
"Advisory Committee" shall be substituted. Transitory Provisions. (1) The
Departmental Committees existing immediately before the commencement of the
Madhya Pradesh Municipal Laws (Amendment) Act, 1998 shall be designated as the
Advisory Committees of the department concerned and the member of such
departmental committees including their Chairman shall be known as the members
of the Advisory Committee of department concerned : Provided
that if any member of an Advisory Committee is included in the Mayor-in-Council
of a Municipal Corporation or President-in-Council of a Municipal Council or a Nagar Panchayat, as the case may be, he shall
cease to hold office of the member of the Advisory Committee. (2)
Notwithstanding anything contained in this Act, Mayor-in-Council shall be
constituted for the Corporations and President-in-Council shall be constituted
for the Councils existing on the date of commencement of the Madhya Pradesh
Municipal Laws (Amendment) Act, 1998 within one month from the date of such
commencement.] [See Section 68] (1)
Relief of
the poor, unemployment other than industrial unemployment. (2)
Charities
and charitable institutions, a charitable and religious endowments. (3)
Prevention
of Cruelty to Animals Act, 1890. (4)
Protection
of wild birds and animals. (5)
Relief on
account of floods, earthquakes, etc. (6)
Jubilee and
memorial funds. (7)
Intoxicating
liquors and narcotic drugs, opium, dangerous drugs. (8)
Poisons. (9)
Agriculture,
including agricultural education and research, protection against pests and
prevention of plant diseases. (10)
Marketing of
agricultural produce. (11)
Arboriculture: (12)
Sericulture. (13)
Gardens. (14)
Veterinary
including improvement of live-stock and prevention of animal diseases. (15)
Prevention
of the extension from one unit to another of infectious diseases affecting
animals or plants. (16)
[596][Markets established under the law, relating to the establishment of
Agriculture Produce Markets for the time being in force in any region of the
State.] (17)
Fisheries. (18)
State
forests, including afforestment disafforestment, forest rates and grazing. (19)
Land
improvement and agricultural loans. (20)
Colonization. (21)
Collection
of land revenue and rents. (22)
Collection
of local cesses and other sums recoverable as land revenue. (23)
Forests not
under the management of Forest Department. (24)
Scarcity and
famine relief and relief of agricultural indebtedness. (25)
Fuel and
fodder reserves. (26)
Floods. (27)
Money-lending
and money-lenders. (28)
Pounds and
prevention of cattle trespass. (29)
Burials and
burial grounds. (30)
[597][The Madhya Pradesh Agricultural Cattle Preservation Act, 1959.] (31)
Hospitals
and dispensaries excluding epidemic and travelling dispensaries. (32)
Lunacy and
mental deficiency including places for the reception or treatment of lunatics
and mental deficients. (33)
Sanitary
Laws and Regulations. (34)
Appointment,
qualifications and duties of health officials and welfare workers. (35)
Public
Health laboratories. (36)
Conservancy
(scavenging and cleaning). (37)
Drainage. (38)
Sewage
disposal and purification. (39)
Sanitary
conveniences. (40)
Lighting and
ventilation of houses and buildings. (41)
Housing. (42)
New streets
and buildings. (43)
Factories
and workshops. (44)
Offensive
trades and nuisances, including smoke nuisances. (45)
Pig-stays
and keeping of animals. (46)
Sanitation
of fairs and labour camps. (47)
River
pollution prevention. (48)
Disposal of
the dead. (49)
Water-supply. (50)
Food-supply
including purity of food and milk and dairies. (51)
Infectious
and contagious diseases, and diseases caused by animal parasites. (52)
Prevention
of epidemics. (53)
Epidemic and
travelling dispensaries, including those specially appointed for aborigines and
rural uplift. (54)
Vaccination. (55)
Registration
of births and deaths. (56)
Welfare
work. (57)
Social
hygiene. (58)
Agricultural
statistics and prices. (59)
Elections to
the State and Central Legislature. (60)
Education. (61)
Libraries. (62)
Technical
and industrial education. (63)
Public
works, including State buildings, roads, bridges and ferries managed by the
Public Works Department. (64)
Tolls. (65)
Planning of
post-war development liaison with other Government Departments with reference
to schemes of post-war development. (66)
Resettlement
and re-employment of servicemen, Civil Pioneers and labour employed in war
industries including State and District Soldiers Board. (67)
Welfare of
labour. (68)
Unemployment
insurance. (69)
Industrial
unemployment. (70)
Co-operative
Societies. (71)
Rural
Development- (i) village uplift including welfare activities in backward areas,
and (ii) cottage and small-scale industries. (72) Rehabilitation of refugees. [1] Substituted by Madhya Pradesh Act No. 13 of 1961. [2] Substituted by Madhya Pradesh Act No. 13 of 1961. [3] Inserted by Madhya Pradesh Act No. 18 of 1997. [4] Substituted by Madhya Pradesh Act No. 13 of 1961. [5] Substituted by Madhya Pradesh Act No. 18 of 1997. [6] Substituted by Madhya Pradesh Act No. 13 of 1961. [7] Substituted by Madhya Pradesh Act No. 13 of 1961. [8] Inserted by Madhya Pradesh Act No. 13 of 1961. [9] Substituted by Madhya Pradesh Act No. 11 of
1966. [10] Substituted by Madhya Pradesh Act No. 13 of 1961. [11] Substituted by Madhya Pradesh Act No. 13 of
1961. [12] Inserted by Madhya Pradesh Act No. 13 of
1961. [13] Substituted by Madhya Pradesh Act No. 16 of
1994. [14] Substituted by Madhya Pradesh Act No. 16 of
1994. [15] Inserted by Madhya Pradesh Act No. 29 of
2003. [16] Renumbered by Madhya Pradesh Act No. 29 of
2003. [17] Inserted by Madhya Pradesh Act No. 16 of
1994. [18] Substituted by Madhya Pradesh Act No. 13 of
1961. [19] Substituted by Madhya Pradesh Act No. 21 of
2005. [20] Inserted by Madhya Pradesh Act No. 18 of
1997. [21] Substituted by Madhya Pradesh Act No. 13 of
1961. [22] Inserted by Madhya Pradesh Act No. 16 of 1994. [23] Substituted by Madhya Pradesh Act No. 13 of
1961. [24] Inserted by Madhya Pradesh Act No. 13 of
1961. [25] Inserted by Madhya Pradesh Act No. 13 of
1961. [26] Substituted by Madhya Pradesh Act No. 13 of
1961. [27] Inserted by Madhya Pradesh Act No. 13 of
1961. [28] Inserted by Madhya Pradesh Act No. 16 of 1994. [29] Omitted by Madhya Pradesh Act No. 13 of 1961. [30] Inserted by Madhya Pradesh Act No. 13 of 1961. [31] Substituted by Madhya Pradesh Act No. 13 of 1961. [32] Substituted by Madhya Pradesh Act No. 13 of 1961. [33] Inserted by Madhya Pradesh Act No. 29 of 2003. [34] Sub-section (54-a) be Renumbered as (54-b) by
Madhya Pradesh Act No. 29 of 2003. [35] Inserted by Madhya Pradesh Act No. 16 of 1994. [36] Substituted by Madhya Pradesh Act No. 13 of 1961. [37] Substituted by Madhya Pradesh Act No. 50 of 1976. [38] Substituted by Madhya Pradesh Act No. 13 of 1961. [39] Substituted by Madhya Pradesh Act No. 20 of 1998. [40] Substituted by Madhya Pradesh Act No. 11 of 1999. [41] Substituted by Madhya Pradesh Act No. 16 of 1994. [42] Inserted by Madhya Pradesh Act No. 13 of 1961. [43] Substituted by Madhya Pradesh Act No. 18 of 1997. [44] Inserted by Madhya Pradesh Act No. 27 of 2000. [45] Substituted by Madhya Pradesh Act No. 16 of 1994. [46] Omitted by Madhya Pradesh Act No. 12 of 1995. [47] Substituted by Madhya Pradesh Act No. 16 of 1994. [48] Substituted by Madhya Pradesh Act. No. 16 of 2007
for the words "Not less than one-third". [49] Substituted by Madhya Pradesh Act. No. 16 of 2007
for the words "Not less than one-third". [50] Inserted by Madhya Pradesh Act No. 18 of 1997. [51] Substituted by Madhya Pradesh Act No. 16 of 2007.
Prior to substitution it read as under : "(3) As nearly
as possible one-third of the total number of offices of Mayors reserved under
sub-sections (1) and (2) shall be reserved for women belonging to the Scheduled
Castes. Scheduled Tribes or Other Backward Classes as the case may be." [52] Substituted by Madhya Pradesh Act. No. 16 of 2007
for the words "one-third". [53] Substituted by Madhya Pradesh Act No. 11 of 1978. [54] Sub-sections (1) and (1-a), subs. for sub-section
(1) by Madhya Pradesh Act No. 11 of 1978. [55] Substituted by Madhya Pradesh Act No. 16 of 1994. [56] Substituted by Madhya Pradesh Act No. 12 of 1995. [57] Substituted by Madhya Pradesh Act No. 18 of 1997. [58] Substituted by Madhya Pradesh Act No. 18 of 1997. [59] Inserted by Madhya Pradesh Act No. 18 of 1997. [60] Substituted by Madhya Pradesh Act No. 29 of 2003
for the word "member". [61] Substituted by ibid for the words "for a
period of five years". [62] Inserted by Madhya Pradesh Act No. 29 of 2003. [63] Substituted by Madhya Pradesh Act No. 18 of 1997. [64] Substituted by Madhya Pradesh Act No. 18 of 1997. [65] Inserted by Madhya Pradesh Act No. 20 of 1998. [66] Substituted by Madhya Pradesh Act No. 18 of 1997. [67] Substituted by Madhya Pradesh Act No. 18 of 1997. [68] Substituted by Madhya Pradesh Act No. 7 of 1988. [69] Inserted by Madhya Pradesh Act No. 13 of 1961. [70] Substituted by Madhya Pradesh Act No. 16 of 1994. [71] Substituted by Madhya Pradesh Act No. 20 of 1998. [72] Inserted by Madhya Pradesh Act No. 59 of 1976. [73] Substituted by Madhya Pradesh Act No. 16 of 1994. [74] Substituted by Madhya Pradesh Act No. 18 of 1997. [75] Substituted by Madhya Pradesh Act No. 18 of 1997. [76] Substituted by Madhya Pradesh Act No. 7 of 1988. [77] Inserted by Madhya Pradesh Act No. 59 of 1976. [78] Inserted by Madhya Pradesh Act No. 59 of 1976. [79] Inserted by Madhya Pradesh Act No. 16 of 1994. [80] Inserted by Madhya Pradesh Act No. 20 of 1998. [81] Omitted by Madhya Pradesh Act No. 16 of 2007.
Prior to omission it read as under : "(m) has more
than two living children one of whom is born on or after 26th January,
2001;" [82] Inserted by Madhya Pradesh Act No. 29 of 2003. [83] Substituted by Madhya Pradesh Act No. 18 of 1997. [84] Substituted by Madhya Pradesh Act No. 18 of 1997. [85] Substituted by Madhya Pradesh Act No. 13 of 1961. [86] Substituted by Madhya Pradesh Act No. 16 of 1994. [87] Substituted by Madhya Pradesh Act No. 11 of 1978. [88] Substituted by Madhya Pradesh Act No. 18 of 1997. [89] Substituted by Madhya Pradesh Act No. 13 of 1961. [90] Omitted by Madhya Pradesh Act No. 16 of 2007.
Prior to omission it read as under : "(cc) begets a child
on or after 26th January, 2001 which increases the number of his children to
more than two, or;" [91] Inserted by Madhya Pradesh Act No. 29 of 2003. [92] Substituted by Madhya Pradesh Act No. 18 of 1997. [93] Inserted by Madhya Pradesh Act No. 7 of 1988. [94] Substituted by Madhya Pradesh Act No. 29 of 2003,
for the words "in every case". [95] Substituted by Madhya Pradesh Act No. 18 of 1997. [96] Substituted by Madhya Pradesh Act No. 18 of 1997. [97] Substituted by Madhya Pradesh Act No. 18 of 1997. [98] Substituted by Madhya Pradesh Act No. 18 of 1997. [99] Substituted by Madhya Pradesh Act No. 18 of 1997. [100] Substituted by Madhya Pradesh Act No. 16 of 1994. [101] Substituted by Madhya Pradesh Act No. 18 of 1997. [102] Inserted by Madhya Pradesh Act No. 59 of 1976. [103] Inserted by Madhya Pradesh Act No. 29 of 2003. [104] Substituted by Madhya Pradesh Act No. 18 of 1997. [105] Inserted by Madhya Pradesh Act No. 29 of 2003. [106] Substituted by Madhya Pradesh Act No. 18 of 1997. [107] Substituted by Madhya Pradesh Act No. 13 of 1961. [108] Omitted by Madhya Pradesh Act No. 18 of 1997. [109] Substituted by Madhya Pradesh Act No. 18 of 1997. [110] Inserted by Madhya Pradesh Act No. 29 of 2003. [111] Substituted by Madhya Pradesh Act No. 18 of 1997. [112] Substituted by Madhya Pradesh Act No. 20 of 1998. [113] Substituted by Madhya Pradesh Act No. 18 of 1997. [114] Substituted by Madhya Pradesh Act No. 18 of 1997. [115] Inserted by Madhya Pradesh Act No. 18 of 1997. [116] It should be 23. [117] Inserted by Madhya Pradesh Act No. 18 of 1997. [118] Inserted by Madhya Pradesh Act No. 18 of 1997. [119] Substituted by Madhya Pradesh Act No. 29 of 2003,
for the words "or the rules made thereunder". [120] Substituted by Madhya Pradesh Act No. 29 of 2003.
Old section reads as under- [121] Inserted by Madhya Pradesh Act No. 18 of 1997. [122] Substituted by Madhya Pradesh Act No. 20 of 1998. [123] Substituted by Madhya Pradesh Act No. 16 of 1994. [124] Inserted by Madhya Pradesh Act No. 12 of 1995. [125] Substituted by Madhya Pradesh Act No. 18 of 1997. [126] Inserted by Madhya Pradesh Act No. 18 of 1997. [127] Substituted by Madhya Pradesh Act No. 18 of 1997. [128] Substituted by M. P. Act No. 18 of 1997. [129] Substituted by Madhya Pradesh Act No. 18 of 1997. [130] Substituted by Madhya Pradesh Act No. 16 of 1994. [131] Substituted by Madhya Pradesh Act No. 18 of 1997. [132] Inserted by Madhya Pradesh Act No. 18 of 1997. [133] Substituted by Madhya Pradesh Act No. 27 of 2000,
for the words "one sixth". [134] Substituted by Madhya Pradesh Act No. 11 of 1999. [135] Substituted by Madhya Pradesh Act No. 19 of 1997. [136] Substituted by Madhya Pradesh Act No. 20 of 1998. [137] Substituted by Madhya Pradesh Act No. 29 of 2003,
for the speaker [138] Substituted by Madhya Pradesh Act No. 20 of 1996 [139] Substituted by Madhya Pradesh Act No. 29 of 2003
for "the speaker". [140] Inserted by Madhya Pradesh Act No. 29 of 2003. [141] Renumbered by Madhya Pradesh Act No. 29 of 2003. [142] Substituted by Madhya Pradesh Act No. 29 of 2003,
for the word "remuneration". [143] Substituted by Madhya Pradesh Act No. 29 of 2003,
for the word-"remuneration" [144] Substituted by Madhya Pradesh Act No. 18 of 1997. [145] Substituted by Madhya Pradesh Act No. 18 of 1997. [146] Substituted by Madhya Pradesh Act No. 16 of 1994. [147] Omitted by Madhya Pradesh Act No. 13 of 1961. [148] Substituted by Madhya Pradesh Act 18 of 1997. [149] Omitted by Madhya Pradesh Act No. 12 of 1995. [150] Substituted by Madhya Pradesh Act No. 18 of 1997. [151] Substituted by Madhya Pradesh Act No. 29 of 2003,
for the words "shall be fixed by the speaker or in the event of his being
incapable of acting by the Mayor". [152] Substituted by Madhya Pradesh Act No. 13 of 1961. [153] Substituted by Madhya Pradesh Act No. 18 of 1997. [154] Inserted by Madhya Pradesh Act No. 13 of 1961. [155] Substituted by Madhya Pradesh Act No. 18 of 1997. [156] Substituted by Madhya Pradesh Act No. 13 of 1961. [157] Inserted by Madhya Pradesh Act No. 29 of 2003. [158] Substituted by Madhya Pradesh Act No. 18 of 1997. [159] Inserted by Madhya Pradesh Act No. 16 of 1994. [160] Substituted by Madhya Pradesh Act No. 18 of 1997. [161] It should be 18. [162] Substituted by Madhya Pradesh Act No. 20 of 1998. [163] Substituted by Madhya Pradesh Act No. 20 of 1998. [164] Substituted by Madhya Pradesh Act No. 29 of 2003. [165] Omitted by Madhya Pradesh Act 18 of 1997. [166] Omitted by Madhya Pradesh Act 18 of 1997. [167] Omitted by Madhya Pradesh Act 18 of 1997. [168] Omitted by Madhya Pradesh Act 18 of 1997. [169] Omitted by Madhya Pradesh Act 18 of 1997. [170] Omitted by Madhya Pradesh Act 18 of 1997. [171] Omitted by Madhya Pradesh Act 18 of 1997. [172] Substituted by Madhya Pradesh Act No. 20 of 1998. [173] Omitted by Madhya Pradesh Act No. 18 of 1997. [174] Substituted by Madhya Pradesh Act No. 20 of 1998. [175] Substituted by Madhya Pradesh Act No. 12 of 1995. [176] Omitted by Madhya Pradesh Act No. 18 of 1997. [177] Substituted by Madhya Pradesh Act No. 12 of 1995. [178] Inserted by Madhya Pradesh Act No. 16 of 1994. [179] Inserted by Madhya Pradesh Act No. 18 of 1997. [180] Inserted by Madhya Pradesh Act No. 12 of 2000. [181] Inserted by Madhya Pradesh Act No. 12 of 1995. [182] Substituted by Madhya Pradesh Act No. 29 of 2003,
for the word "Meeting". [183] Substituted by Madhya Pradesh Act No. 18 of 1997. [184] Inserted by Madhya Pradesh Act No. 12 of 2000. [185] Substituted by Madhya Pradesh Act No. 20 of 1998. [186] Substituted by Madhya Pradesh Act No. 18 of 1997. [187] Inserted by Madhya Pradesh Act No. 18 of 1997. [188] Substituted by Madhya Pradesh Act No. 18 of 1997. [189] Substituted by Madhya Pradesh Act No. 29 of 2003,
Prior to substitution Section 53 reads as under:- "53. Minutes
Book. -- (1) Minutes recording the proceedings at every meeting of the
Corporation and of any of its Committees and the names of the members present
thereat shall be entered in the Minute Book in Hindi, written in devnagri
script and confirmed at the same or the next ensuing meeting. (2) A copy of the
minutes of the proceeding of each meeting of the Corporation shall be forwarded
to the Government within 15 days of the meeting. (3) The Minute Books
prescribed by this section shall be open at the Municipal Office at all
reasonable times to the inspection of any Councillor without payment and to the
inspection of any other person on payment of fees prescribed by bye-laws in
this behalf." [190] Substituted by Madhya Pradesh Act No. 12 of 1995. [191] Omitted by Madhya Pradesh Act No. 13 of 1961. [192] Substituted by Madhya Pradesh Act No. 13 of 1961. [193] Substituted by Madhya Pradesh Act No. 13 of 1961. [194] Substituted by Madhya Pradesh Act No. 12 of 1995. [195] Substituted by Madhya Pradesh Act No. 20 of 1998. [196] Substituted by ibid. [197] Substituted by ibid. [198] Substituted by ibid. [199] Inserted by Madhya Pradesh Act No. 16 of 2007. [200] Substituted by Madhya Pradesh Act No. 7 of 1988. [201] Substituted by Madhya Pradesh Act No. 5 of 1982. [202] Substituted by Madhya Pradesh Act No. 7 of 1988. [203] Substituted by Madhya Pradesh Act No. 13 of 1961. [204] Substituted by Madhya Pradesh Act No. 20 of 1998. [205] Substituted by Madhya Pradesh Act No. 29 of 2003,
for the words "the State Public Service Commission". [206] Substituted by Madhya Pradesh Act No. 29 of 2003,
for the words "the State Public Service Commission". [207] Substituted by Madhya Pradesh Act No. 29 of 2003,
for the words "the State Public Service Commission". [208] Substituted by Madhya Pradesh Act No. 13 of 1961. [209] Substituted by Madhya Pradesh Act No. 13 of 1961. [210] Substituted by Madhya Pradesh Act No. 13 of 1961. [211] Omitted by Madhya Pradesh Act No. 13 of 1961. [212] Inserted by Madhya Pradesh Act No. 13 of 1961. [213] Inserted by Madhya Pradesh Act No. 13 of 1961. [214] Renumbered by Madhya Pradesh Act No. 13 of 1961. [215] Inserted by Madhya Pradesh Act No. 16 of 1994. [216] Substituted by Madhya Pradesh Act No. 13 of 1961. [217] Substituted by Madhya Pradesh Act No. 20 of 1998. [218] Substituted by Madhya Pradesh Act No. 20 of 1998. [219] Substituted by Madhya Pradesh Act No. 20 of 1998. [220] Substituted by Madhya Pradesh Act No. 29 of 2003. [221] Omitted. by Madhya Pradesh Act No. 20 of 1998. [222] Omitted. by Madhya Pradesh Act No. 20 of 1998. [223] Omitted. by Madhya Pradesh Act No. 12 of 1995. [224] Substituted by Madhya Pradesh Act No. 20 of 1998. [225] Substituted by ibid. [226] Substituted by Madhya Pradesh Act No. 20 of 1998. [227] Omitted by Madhya Pradesh Act No. 13 of 1961. [228] Inserted by Madhya Pradesh Act No. 13 of 1961. [229] Substituted by Madhya Pradesh Act No. 16 of 1994. [230] Substituted by Madhya Pradesh Act No. 20 of 1998. [231] Substituted by Madhya Pradesh Act No. 20 of 1998. [232] Substituted by Madhya Pradesh Act No. 20 of 1998. [233] Substituted by Madhya Pradesh Act No. 20 of 1998. [234] Substituted by Madhya Pradesh Act No. 20 of 1998. [235] Substituted by Madhya Pradesh Act No. 16 of 1994. [236] Inserted by Madhya Pradesh Act No. 13 of 1961. [237] Renumbered as sub-section (1) by Madhya Pradesh
Act No. 29 of 2003. [238] Inserted by Madhya Pradesh Act No. 29 of 2003. [239] Renumbered as sub-section (1) by Madhya Pradesh
Act No. 29 of 2003. [240] Inserted by Madhya Pradesh Act No. 29 of 2003. [241] Inserted by Madhya Pradesh Act No. 29 of 2003. [242] Substituted by Madhya Pradesh Act No. 13 of 1961. [243] Substituted by Madhya Pradesh Act No. 13 of 1961. [244] Substituted by Madhya Pradesh Act No. 20 of 1998. [245] Substituted by Madhya Pradesh Act No. 20 of 1998. [246] Substituted by Madhya Pradesh Act No. 12 of 1995. [247] Substituted by Madhya Pradesh Act No. 20 of 1998. [248] Substituted by Madhya Pradesh Act No. 20 of 1998. [249] Substituted by Madhya Pradesh Act No. 13 of 1961. [250] Substituted by Madhya Pradesh Act No. 13 of 1961. [251] Substituted by Madhya Pradesh Act No. 13 of 1961. [252] Substituted by Madhya Pradesh Act No. 13 of 1961. [253] Substituted by Madhya Pradesh Act No. 13 of 1961. [254] Substituted by Madhya Pradesh Act No. 13 of 1961. [255] Substituted by Madhya Pradesh Act No. 13 of 1961. [256] Substituted by Madhya Pradesh Act No. 20 of 1998. [257] Substituted by Madhya Pradesh Act No. 20 of 1998. [258] Substituted by Madhya Pradesh Act No. 20 of 1998. [259] Substituted by Madhya Pradesh Act No. 13 of 1961. [260] Substituted by Madhya Pradesh Act No. 20 of 1998. [261] Inserted by Madhya Pradesh Act 13 of 1961. [262] Substituted by Madhya Pradesh Act No. 20 of 1998. [263] Substituted by Madhya Pradesh Act No. 20 of 1998. [264] Substituted by Madhya Pradesh Act No. 20 of 1998. [265] Substituted by Madhya Pradesh Act No. 13 of 1961. [266] Substituted by Madhya Pradesh Act No. 13 of 1961. [267] Substituted by Madhya Pradesh Act No. 16 of 1994. [268] Substituted by Madhya Pradesh Act No. 13 of 1961. [269] Substituted by Madhya Pradesh Act No. 20 of 1998. [270] Substituted by Madhya Pradesh Act No. 20 of 1998. [271] Substituted by Madhya Pradesh Act No. 20 of 1998. [272] Substituted by Madhya Pradesh Act No. 20 of 1998. [273] Omitted by Madhya Pradesh Act No. 13 of 1961. [274] Substituted by Madhya Pradesh Act No. 20 of 1998. [275] Substituted by Madhya Pradesh Act No. 20 of 1998. [276] Substituted by Madhya Pradesh Act No. 20 of 1998. [277] Substituted by Madhya Pradesh Act No. 20 of 1998. [278] Substituted by Madhya Pradesh Act No. 13 of 1961. [279] Substituted by Madhya Pradesh Act No. 20 of 1998. [280] Substituted by Madhya Pradesh Act No. 13 of 1961. [281] Inserted by Madhya Pradesh Act No. 29 of 2003. [282] Substituted by Madhya Pradesh Act No. 20 of 1998. [283] Inserted by Madhya Pradesh Act No. 11 of 1999. [284] Substituted by Madhya Pradesh Act No. 29 of 2003. [285] Omitted by Madhya Pradesh Act No. 29 of 2003. [286] Substituted by Madhya Pradesh Act No. 18 of 1997. [287] Words "subject to a minimum rate as may be
prescribed by the State Government" Omitted by Madhya Pradesh Act No. 29
of 2003. [288] Word "minimum" omitted by Madhya Pradesh
Act No. 29 of 2003. [289] Inserted by Madhya Pradesh Act No. 20 of 1998. [290] Words "subject to a minimum rate as may be
prescribed by the State Government" Omitted by Madhya Pradesh Act No. 29
of 2003. [291] Substituted by Madhya Pradesh Act No. 2 of 2005.
Prior to substitution sub-section (5) (b) read as under :- "(b) on buildings
and lands which are not exempted from property tax at a minimum rate prescribed
under clause (a) plus such percentage of the property tax, as may be determined
by the Corporation." [292] Omitted by Madhya Pradesh Act No. 29 of 2003,
Prior to omission clause (d) and (e) reads as under - "(d) a tax
payable by the owners on all or any vehicles or animals used for riding,
driving draught or burden or on dogs, where such vehicles, animals or dogs are
used within the city, whether they are actually kept within the city or not; (e) a toll on
vehicles and animals used as aforesaid entering the city but not liable to
taxation under clause (d)." [293] Sub-section (9) omitted by Madhya Pradesh Act No.
29 of 2003, Prior to omission sub-section (9) reads as under-- "(9) The State
Government may, by notification, in the Official Gazette, prescribe the maximum
and minimum rate of any tax specified in this section, subject to which the
Corporation shall determine the rate of such tax." [294] Substituted by Madhya Pradesh Act No. 12 of 1995. [295] Substituted by Madhya Pradesh Act No. 17 of 1989. [296] Substituted by Madhya Pradesh Act No. 20 of 1998. [297] Inserted by Madhya Pradesh Act No. 13 of 1961. [298] Inserted by Madhya Pradesh Act No. 29 of 2003. [299] Substituted by Madhya Pradesh Act No. 13 of 1961. [300] Substituted by Madhya Pradesh Act No. 18 of 1997. [301] Inserted by Madhya Pradesh Act No. 29 of 2003. [302] Substituted by Madhya Pradesh Act No. 50 of 1976. [303] Substituted by Madhya Pradesh Act No. 18 of 1997. [304] Substituted by Madhya Pradesh Act No. 18 of 1997. [305] Inserted by Madhya Pradesh Act No. 18 of 1997. [306] Substituted by Madhya Pradesh Act No. 12 of 2000. [307] Substituted by Madhya Pradesh Act No. 18 of 1997. [308] Substituted by Madhya Pradesh Act No. 16 of 2007. Prior to substitution
it read as under :- "(j) the
Electric poles erected by the Madhya Pradesh Electricity Board." [309] Inserted by Madhya Pradesh Act No. 29 of 2003. [310] Substituted by Madhya Pradesh Act No. 13 of 1961. [311] Inserted by Madhya Pradesh Act No. 13 of 1961. [312] Substituted by Madhya Pradesh Act No. 18 of 1997. [313] Substituted by Madhya Pradesh Act No. 29 of 2003
for the words "on the basis of per square foot of the built up area of a
building or per square foot of land, as the case may be." [314] Substituted by Madhya Pradesh Act No. 2 of 2005,
for "carpet area". [315] Substituted by Madhya Pradesh Act No. 29 of 2003
for the words "on the basis of per square foot of the built up area of a
building or per square foot of land, as the case may be." [316] Substituted by Madhya Pradesh Act No. 2 of 2005,
for "carpet area". [317] Substituted by Madhya Pradesh Act No. 50 of 1976. [318] Substituted by Madhya Pradesh Act No. 29 of 2003,
for the words "one hundred rupees". [319] Substituted by Madhya Pradesh Act No. 50 of 1976. [320] Substituted by Madhya Pradesh Act No. 20 of 1998. [321] Substituted by Madhya Pradesh Act No. 13 of 1961. [322] Substituted by Madhya Pradesh Act No. 12 of 1995. [323] Omitted by Madhya Pradesh Act No. 50 of 1976. [324] Substituted by Madhya Pradesh Act No. 29 of 2003
for the word "one hundred rupees". [325] Substituted by Madhya Pradesh Act No. 29 of 2003
for the word "one hundred rupees". [326] Substituted by Madhya Pradesh Act No. 29 of 2003
for the words "50 rupees". [327] Substituted by Madhya Pradesh Act No. 29 of 2003
for the words "fifty rupees". [328] Substituted by Madhya Pradesh Act No. 13 of 1961. [329] Substituted by Madhya Pradesh Act No. 13 of 1961. [330] Substituted by Madhya Pradesh Act No. 13 of 1961. [331] Substituted by Madhya Pradesh Act No. 13 of 1961. [332] Omitted by Madhya Pradesh Act No. 13 of 1961. [333] Inserted by Madhya Pradesh Act No. 12 of 2000. [334] Substituted by Madhya Pradesh Act No. 12 of 2000. [335] Inserted by Madhya Pradesh Act No. 13 of 1961. [336] Inserted by Madhya Pradesh Act No. 16 of 1994. [337] Substituted by Madhya Pradesh Act No. 7 of 1988. [338] Inserted by Madhya Pradesh Act No. 7 of 1988. [339] Substituted by Madhya Pradesh Act No. 13 of 1961. [340] Substituted by Madhya Pradesh Act No. 29 of 2003,
for the words "fifty rupees". [341] Substituted by Madhya Pradesh Act No. 29 of 2003,
for the words "fifty rupees". [342] Substituted by Madhya Pradesh Act No. 29 of 2003,
for the words "twenty rupees". [343] Substituted by Madhya Pradesh Act No. 29 of 2003,
for the words "fifty rupees". [344] Substituted by Madhya Pradesh Act No. 13 of 1961. [345] Substituted by Madhya Pradesh Act No. 13 of 1961. [346] Substituted by Madhya Pradesh Act No. 20 of 1998. [347] Inserted by Madhya Pradesh Act No. 13 of 1961. [348] Substituted by Madhya Pradesh Act No. 29 of 2003,
for the words "fifty rupees". [349] Substituted by Madhya Pradesh Act No. 20 of 1998. [350] Substituted by Madhya Pradesh Act No. 20 of 1998. [351] Inserted by Madhya Pradesh Act No. 13 of 1961. [352] Substituted by Madhya Pradesh Act No. 12 of 2000. [353] Inserted by Madhya Pradesh Act No. 13 of 1961. [354] Inserted by Madhya Pradesh Act No. 13 of 1961. [355] Substituted by Madhya Pradesh Act No. 20 of 1998. [356] Substituted by Madhya Pradesh Act No. 29 of 2003,
for the words "Two hundred rupees". [357] Substituted by Madhya Pradesh Act No. 29 of 2003,
for the words "fifty rupees". [358] Substituted by Madhya Pradesh Act No. 20 of 1998. [359] Substituted by Madhya Pradesh Act No. 29 of 2003,
for the words "fifty rupees.". [360] Substituted by Madhya Pradesh Act No. 29 of 2003.
for the words "ten rupees". [361] Substituted by Madhya Pradesh Act No. 29 of 2003,
for the words "fifty rupees". [362] Inserted by Madhya Pradesh Act No. 13 of 1961. [363] Substituted by Madhya Pradesh Act No. 13 of 1961. [364] Substituted by Madhya Pradesh Act No. 13 of 1961. [365] Substituted by Madhya Pradesh Act No. 29 of 2003,
for the words "shall be punishable with fine which may extend to ten
rupees". [366] Substituted by Madhya Pradesh Act No 20 of 1998. [367] Substituted by Madhya Pradesh Act No 20 of 1998. [368] Substituted by Madhya Pradesh Act No 20 of 1998. [369]
Substituted by Madhya Pradesh Act No. 29
of 2003, for the word "Colonizer". [370]
Substituted by Madhya Pradesh Act No. 29
of 2003, Prior to substitution it read as under- "(1) Any person who intends to undertake the
establishment of a colony in the area of Municipal Corporation for the purpose
of dividing the land into plots, with or without developing the area, transfers
or agrees to transfer gradually or at a time, to persons desirous of settling
down on those plots by constructing residential or non-residential or composite
accommodation shall apply to the Commissioner for the grant of a Registration
Certificate." [371] Inserted
by Madhya Pradesh Act No. 29 of 2003. [372] Inserted
by Madhya Pradesh Act No. 18 of 1997. [373] Substituted by Madhya Pradesh Act No. 29 of 2003. Prior to
substitution it read as under- "292-B.
Development of Colonies.The Registration Certificate shall entitle the
Colonizer to undertake the development of colonies in the municipal area
subject to the provisions of this Act and the rules made in this behalf." [374] Substituted by Madhya Pradesh Act No. 29 of 2003. Prior to
substitution it read as under - "(3)
Whoever commits or abets the commission of an offence of illegal diversion or
illegal colonization shall be punished with simple imprisonment which may
extend to six months or with a minimum fine of ten thousand rupees or with
both." [375] Substituted by Madhya Pradesh Act No. 29 of 2003. Prior to
substitution it read as under - "(5)
Whoever commits an offence of illegal construction shall be punished with
simple imprisonment which may extend to six months or with a minimum fine of
one thousand rupees or with both." [376] Substituted by Madhya Pradesh Act No. 29 of 2003. Prior to
substitution it read as under -"292-D. Punishment for abatement of the
offence of illegal construction. -Whoever in the area of illegal diversion or
illegal colonization : (i) being an
officer having power to sanction lay out or sanction a map for the construction
of a building, grants sanction or approves such lay out or the map; or (ii) being
an officer under a primary duty to do so knowingly omits to report illegal
diversion of land or illegal construction of a building in such an area to the
proper authority; or (iii) being
an officer or an employee responsible to take action against the illegal
diversion of land or illegal colonization or illegal construction of a building
in such an area fails to take action; or (iv) being
an officer or the authority competent to sanction electrical or water supply
connection grants such sanction with respect to the building in such area; or (v)
illegally influences the officers aforesaid in granting such sanction or in
omitting to make a report of such illegal diversion of land or construction of
a building in such area shall be punished with simple imprisonment which may
extend to six months or with fine or with both. : Provided
that nothing contained in clause (iv) shall apply to the cases where the
Commissioner certifies that in the public interest there is no objection to
provide electrical and water supply connection to the building in the area of
illegal diversion or illegal colonization." [377] Omitted by Madhya Pradesh Act No. 12 of 2000. [378] Substituted by Madhya Pradesh Act No. 29 of 2003. Prior to
substitution it read as under - "292-E.
Transfer of plots in an area of Illegal diversion or illegal colonization to be
void. - (1)
Notwithstanding anything contained in the Madhya Pradesh Land Revenue Code,
1959 (No. 20 of 1959) the transfer or agreement to transfer of plots made by a
colonizer, in an area of illegal diversion or illegal colonization shall be
void. (2) The
Commissioner may after giving show-cause notice to the parties take over the
management of the land, cause the area to be planned and developed and shall
thereafter allot the land preferentially amongst the plot holder in such manner
and subject to such conditions as may be prescribed. (3) The
allottee shall on fulfillment of the conditions be deemed to be a void
transferee of the plot from colonizer, and the power of the Commissioner as
manager of the plot shall come to an end." [379] Substituted by Madhya Pradesh Act No. 29 of 2003. Prior to
substitution it read as under "292-F.
Forfeiture of the land Involved In Illegal colonization.-The right, title and
interest of the colonizer in the land under illegal colonization, shall upon
and from the date of conviction of the colonizer under sub-section (3) of
Section 292-C stand forfeited and vested in the Corporation free from all
encumbrances." [380] Inserted by Madhya Pradesh Act No. 29 of 2003. [381] Inserted by Madhya Pradesh Act No. 13 of 1961. [382] Inserted by Madhya Pradesh Act No. 13 of 1961. [383] Inserted by Madhya Pradesh Act No. 13 of 1961. [384] Substituted by Madhya Pradesh Act No. 13 of 1961. [385] Substituted by ibid. [386] Substituted by Madhya Pradesh Act No. 27 of 2000. [387] Inserted by Madhya Pradesh Act No. 20 of 1998. [388] Substituted by Madhya Pradesh Act No. 13 of 1961 [389] Substituted by Madhya Pradesh Act No. 29 of 2003, for "one
thousand rupees." [390] Substituted by Madhya Pradesh Act No. 29 of 2003, for the words
"fifty rupees." [391] Substituted by Madhya Pradesh Act No. 13 of 1961. [392] Substituted by Madhya Pradesh Act No. 20 of 1998. [393]
Substituted by Madhya Pradesh Act No. 21
of 2005. [394] Inserted
by Madhya Pradesh Act No. 16 of 1994. [395]
Substituted by Madhya Pradesh Act No. 29
of 2003. [396] Omitted by
Madhya Pradesh Act No. 21 of 2005. [397] Inserted
by Madhya Pradesh Act No. 29 of 2003. [398]
Substituted by Madhya Pradesh Act No. 21
of 2005. [399] Omitted by
Madhya Pradesh Act No. 21 of 2005. [400] Inserted
by Madhya Pradesh Act No. 21 of 2005. [402] Substituted by Madhya Pradesh Act No. 20 of 1996. [403] Substituted by Madhya Pradesh Act No. 13 of 1961. [404] Substituted by Madhya Pradesh Act No. 13 of 1961. [405] Substituted by Madhya Pradesh Act No. 20 of 1996. [406] Substituted by Madhya Pradesh Act No. 20 of 1996. [407] Substituted by Madhya Pradesh Act No. 20 of 1996. [408] Inserted by Madhya Pradesh Act No. 13 of 1961. [409] Inserted by Madhya Pradesh Act No. 13 of 1961. [410] Inserted by Madhya Pradesh Act No. 13 of 1961. [411] Substituted by Madhya Pradesh Act No. 16 of 1994. [412] Substituted by Madhya Pradesh Act No. 29 of 2003. [413] Inserted by Madhya Pradesh Act No. 13 of 1961. [414] Substituted by Madhya Pradesh Act No. 13 of 1961. [415] Substituted by Madhya Pradesh Act No. 11 of 1977. [416] Substituted by Madhya Pradesh Act No. 20 of 1998. [417] Substituted by Madhya Pradesh Act No. 29 of 2003, for the words
"fifty rupees". [418] Substituted by Madhya Pradesh Act No. 29 of 2003, for the words
"five rupees". [419] Substituted by Madhya Pradesh Act No. 29 of 2003, for the words
"ten rupees". [420] Substituted by Madhya Pradesh Act No. 29 of 2003, for the words
"twenty rupees". [421] Substituted by Madhya Pradesh Act No. 29 of 2003, for the words "one
hundred rupees". [422] Substituted by Madhya Pradesh Act No. 29 of 2003, for the words
"one hundred rupees". [423] Substituted by Madhya Pradesh Act No. 29 of 2003, for the words
"twenty rupees". [424] Substituted by Madhya Pradesh Act No. 29 of 2003, for the words
"five rupees". [425] Substituted by Madhya Pradesh Act No. 29 of 2003, for the word
'fifty rupees'. [426] Substituted by Madhya Pradesh Act No. 29 of 2003, for the word
'five rupees'. [427] Substituted by Madhya Pradesh Act No. 29 of 2003, for the word
'twenty rupees'. [428] Substituted by Madhya Pradesh Act No. 29 of 2003, for the word
'fifty rupees'. [429] Substituted by Madhya Pradesh Act No. 12 of 1995. [430] Substituted by Madhya Pradesh Act No. 12 of 1995. [431] Inserted by Madhya Pradesh Act No. 13 of 1961. [432] Substituted by Madhya Pradesh Act No. 29 of 2003, for the word
'twenty five rupees'. [433] Substituted by Madhya Pradesh Act No. 13 of 1961. [434] Substituted by Madhya Pradesh Act No. 20 of 1998. [435] Substituted by Madhya Pradesh Act No. 13 of 1961. [436] Substituted by Madhya Pradesh Act No. 13 of 1961. [437] Substituted by Madhya Pradesh Act No. 29 of 2003, for the words
'twenty rupees'. [438] Substituted by Madhya Pradesh Act No. 29 of 2003, for the words
'twenty rupees'. [439] Substituted by MP. Act No. 29 of 2003, for the words 'fifty
rupees'. [440] Substituted by Madhya Pradesh Act No. 29 of 2003, for the words
'fifty rupees'. [441] Inserted by Madhya Pradesh Act No. 13 of 1961. [442] Substituted by Madhya Pradesh Act No. 29 of 2003, for the words
'one hundred rupees'. [443] Substituted by Madhya Pradesh Act No. 29 of 2003, for the words
'one hundred rupees'. [444] Substituted by Madhya Pradesh Act No. 29 of 2003, for the words
'one hundred rupees'. [445] Substituted by Madhya Pradesh Act No. 13 of 1961. [446] Substituted by Madhya Pradesh Act No. 29 of 2003, for the words
'five hundred rupees'. [447] Substituted by Madhya Pradesh Act No. 29 of 2003, for the words
'fifty rupees'. [448] Substituted by Madhya Pradesh Act No. 29 of 2003, for the words
'twenty five rupees'. [449] Inserted by Madhya Pradesh Act No. 13 of 1961. [450] Inserted by Madhya Pradesh Act No. 13 of 1961. [451] Inserted by Madhya Pradesh Act No. 13 of 1961. [452] Inserted by Madhya Pradesh Act No. 12 of 2000. [453] Substituted by Madhya Pradesh Act No. 20 of 1998. [454] Substituted by Madhya Pradesh Act No. 13 of 1961. [455] Substituted by Madhya Pradesh Act No. 20 of 1998. [456] Substituted by Madhya Pradesh Act No. 13 of 1961. [457] Substituted by Madhya Pradesh Act No. 13 of 1961. [458] Substituted by Madhya Pradesh Act No. 20 of 1998. [459] Substituted by Madhya Pradesh Act No. 20 of 1998. [460] Inserted by Madhya Pradesh Act No. 28 of 1996. [461] Inserted by Madhya Pradesh Act No. 13 of 1961. [462] Substituted by Madhya Pradesh Act No. 13 of 1961. [463] Substituted by Madhya Pradesh Act No. 13 of 1961. [464] Substituted by Madhya Pradesh Act No. 13 of 1961. [465] Substituted by Madhya Pradesh Act No. 29 of 2003, for the words
"fifty rupees". [466] Substituted by Madhya Pradesh Act No. 13 of 1961. [467] Substituted by Madhya Pradesh Act No. 20 of 1998. [468] Substituted by Madhya Pradesh Act No. 20 of 1998. [469] Substituted by Madhya Pradesh Act No. 13 of 1961. [470] Substituted by Madhya Pradesh Act No. 13 of 1961. [471] Substituted by Madhya Pradesh Act No. 13 of 1961. [472] Substituted by Madhya Pradesh Act No. 13 of 1961. [473] Substituted by Madhya Pradesh Act No. 13 of 1961. [474] Substituted by MP. Act No. 50 of 1976. [475] Omitted by Madhya Pradesh Act No. 13 of 1961. [476] Substituted by Madhya Pradesh Act No. 18 of 1997. [477] Substituted by Madhya Pradesh Act No. 13 of 1961. [478] Substituted by Madhya Pradesh Act No. 16 of 1994. [479] Substituted by Madhya Pradesh Act No. 13 of 1961. [480] Omitted by Madhya Pradesh Act No. 13 of 1961. [481] Substituted by Madhya Pradesh Act No. 19 of 1977. [482] Substituted by Madhya Pradesh Act No. 13 of 1961. [483] Substituted by Madhya Pradesh Act No. 13 of 1961. [484] Substituted by Madhya Pradesh Act No. 13 of 1961. [485] Substituted by Madhya Pradesh Act No. 13 of 1961. [486] Inserted by Madhya Pradesh Act No. 13 of 1961. [487] Inserted by Madhya Pradesh Act No. 13 of 1961. [488] Substituted by Madhya Pradesh Act No. 20 of 1998. [489] Substituted by Madhya Pradesh Act No. 20 of 1998. [490] Inserted by Madhya Pradesh Act No. 27 of 1974. [491] Substituted by Madhya Pradesh Act No. 18 of 1997. [492] Substituted by Madhya Pradesh Act No. 13 of 1961. [493] Substituted by Madhya Pradesh Act No. 20 of 1998. [494] Substituted by Madhya Pradesh Act No. 20 of 1998. [495] Substituted by MP. Act No. 20 of 1998. [496] Substituted by Madhya Pradesh Act No. 29 of 2003, for the word
"housing". [497] Inserted by Madhya Pradesh Act No. 39 of 1984. [498] Substituted by Madhya Pradesh Act No. 39 of 1984. [499] Substituted by Madhya Pradesh Act No. 16 of 1994. [500] Substituted by Madhya Pradesh Act No. 18 of 1997. [501] Substituted by Madhya Pradesh Act No. 18 of 1997. [502] Omitted by Madhya Pradesh Act No. 20 of 1998. [503] Omitted by Madhya Pradesh Act No. 16 of 1994. [504]
Substituted by Madhya Pradesh Act No. 16
of 1994. [505]
Substituted by Madhya Pradesh Act No. 11
of 1966. [506] 2[x x x] [507] Inserted
by Madhya Pradesh Act No. 18 of 1997. [508]
Substituted by Madhya Pradesh Act No. 20
of 1998. [509]
Substituted by MP. Act No. 16 of 1994. [510] Omitted by
Madhya Pradesh Act No. 16 of 1994. [511]
Substituted by Madhya Pradesh Act No. 16
of 1994. [512]
Substituted by Madhya Pradesh Act No. 16
of 1994. [513] Omitted by Madhya Pradesh Act No. 16 of 1994. [514] Inserted by Madhya Pradesh Act No. 13 of 1961. [515] Substituted by Madhya Pradesh Act No. 20 of 1998. [516] Inserted by Madhya Pradesh Act No. 13 of 1961. [517] Inserted by Madhya Pradesh Act No. 27 of 1994.. [518] Substituted by Madhya Pradesh Act No. 12 of 1995. [519]
Substituted by Madhya Pradesh Act No. 13
of 1991. [520] Inserted
by Madhya Pradesh Act No. 13 of 1991. [521]
Substituted by Madhya Pradesh Act No. 20
of 1998. [522] Omitted by
Madhya Pradesh Act No. 12 of 1995. [523] Renumbered
by Madhya Pradesh Act No. 13 of 1961. [524]
Substituted by Madhya Pradesh Act No. 50
of 1976. [525] Inserted
by Madhya Pradesh Act No. 13 of 1991. [526] Inserted
by Madhya Pradesh Act No. 13 of 1991. [527] Inserted
by Madhya Pradesh Act No. 13 of 1991. [528] Inserted
by Madhya Pradesh Act No. 13 of 1991. [529]
Substituted by Madhya Pradesh Act No. 13
of 1991. [530] Inserted
by Madhya Pradesh Act No. 13 of 1991. [531] Inserted
by Madhya Pradesh Act No. 13 of 1991. [532]
Substituted by Madhya Pradesh Act No. 1
of 1979. [533]
Substituted by Madhya Pradesh Act No. 29 of 2003, for the words "five
hundred rupees". [534]
Substituted by Madhya Pradesh Act No. 29 of 2003, for the words "ten
rupees". [535] Substituted by Madhya Pradesh Act No. 7 of 1988. [536] Inserted by Madhya Pradesh Act No. 27 of 1974. [537]
Substituted by Madhya Pradesh Act No. 13 of 1961. [538] Omitted by
Madhya Pradesh Act No. 16 of 1994. [539] Omitted by
Madhya Pradesh Act No. 13 of 1961. [540]
Substituted by Madhya Pradesh Act No. 13 of 1961. [541] Inserted
by Madhya Pradesh Act No. 29 of 2003. [542] Inserted
by Madhya Pradesh Act No. 13 of 1961. [543]
Substituted by Madhya Pradesh Act No. 29 of 2003. [544] Substituted by Madhya Pradesh Act No. 29 of 2003, for the words
"one thousand rupees". [545] Substituted by Madhya Pradesh Act No. 29 of 2003, for the words
"one thousand rupees". [546] Substituted by Madhya Pradesh Act No. 29 of 2003, for the words "or
with fine or with both". [547] Renumbered
by Madhya Pradesh Act No. 13 of 1961. [548]
Substituted by Madhya Pradesh Act No. 29 of 2003, for the words "or with
fine or with both". [549]
Substituted by Madhya Pradesh Act No. 13 of 1961. [550]
Substituted by Madhya Pradesh Act No. 13 of 1961. [551]
Substituted by Madhya Pradesh Act No. 29 of 2003, for the words "fifty
rupees". [552]
Substituted by Madhya Pradesh Act No. 29 of 2003, for the words "twenty
rupees".Substituted by Madhya Pradesh Act No. 29 of 2003, for the words
"twenty rupees". [553]
Substituted by Madhya Pradesh Act No. 13 of 1961. [554]
Substituted by Madhya Pradesh Act No. 16 of 1994. [555]
Substituted by Madhya Pradesh Act No. 16 of 1997. [556]
Substituted by Madhya Pradesh Act No. 16 of 1997. [557] Inserted
by Madhya Pradesh Act No. 18 of 1997. [558]
Substituted by Madhya Pradesh Act No. 16 of 1994. [559]
Substituted by Madhya Pradesh Act No. 16 of 1994. [560]
Substituted by Madhya Pradesh Act No. 16 of 1994. [561]
Substituted by Madhya Pradesh Act No. 16 of 1994. [562]
Substituted by Madhya Pradesh Act No. 16 of 1994. [563] Substituted by Madhya Pradesh Act No. 16 of 1994. [564] Substituted by Madhya Pradesh Act No. 16 of 1994. [565]
Substituted by Madhya Pradesh Act No. 16
of 1994. [566] Inserted
by Madhya Pradesh Act No. 18 of 1997. [567]
Substituted by Madhya Pradesh Act No. 16
of 1994. [568]
Substituted by Madhya Pradesh Act No. 16
of 1994. [569]
Substituted by Madhya Pradesh Act No. 18
of 1997. [570]
Substituted by Madhya Pradesh Act No. 16
of 1994. [571]
Substituted by Madhya Pradesh Act No. 16
of 1994. [572]
Substituted by Madhya Pradesh Act No. 16
of 1994. [573]
Substituted by Madhya Pradesh Act No. 16
of 1994. [574] Substituted by Madhya Pradesh Act No. 16 of 1994. [575] Substituted by Madhya Pradesh Act No. 16 of 1994. [576] Substituted by Madhya Pradesh Act No. 16 of 1994. [577] Substituted by Madhya Pradesh Act No. 16 of 1994. [578] Substituted by Madhya Pradesh Act No. 16 of 1994. [579] Substituted by Madhya Pradesh Act No. 16 of 1994. [580] Substituted by Madhya Pradesh Act No. 16 of 1994. [581] Substituted by Madhya Pradesh Act No. 16 of 1994. [582] Substituted by Madhya Pradesh Act No. 16 of 1994. [583] Substituted by Madhya Pradesh Act No. 16 of 1994. [584] Substituted by Madhya Pradesh Act No. 16 of 1994. [585] Inserted by MP. Act No. 18 of 1997. [586] Substituted by Madhya Pradesh Act No. 25 of 1967. [587] Substituted by Madhya Pradesh Act No. 20 of 1998. [588] Omitted by Madhya Pradesh Act No. 16 of 1994 [589] Inserted by Madhya Pradesh Act No. 18 of 1997. [590] Omitted by Madhya Pradesh Act No. 25 of 1967. [591] Omitted by Madhya Pradesh Act No. 25 of 1967. [592] Omitted by
M.P. Act No. 13 of 1961. [593] Inserted
by Madhya Pradesh Act No. 16 of 1994. [594] Inserted
by Madhya Pradesh Act No. 18 of 1997. [595] Inserted
by Madhya Pradesh Act No. 20 of 1998. [596] Substituted by Madhya Pradesh Act No. 13 of 1961. [597] Substituted by Madhya Pradesh Act No. 13 of 1961.THE MADHYA
PRADESH MUNICIPAL CORPORATION ACT, 1956
PREAMBLE
Section 18 – [Election of Speaker
Section 30 – [Power of Speaker and Mayor to call special meeting
or [582][nomination],
and the nature of that corrupt practice; and