Chapter XXXV Chapter XXXV

1. (1) If it appears to the Chief Municipal Executive Officer/ Municipal Removal of Executive Officer that any block of building is in an unhealthy condition by congested buildings. reason of the manner in which the building are crowded together or the narrowness, closeness, or faulty arrangement of streets or the want of proper drainage and ventilation or the impracticability of cleansing the buildings or by reasons of any other cause to be specified in writing, he shall cause block of buildings to be inspired by the Chief Municipal Health Officer and the Chief Municipal Architect and Engineer , who shall consult the owners and the occupier of such block of buildings and the owners and the occupier of other building affected by the unhealthy condition and shall thereafter make a report in writing to him regarding the sanitary condition of such block of buildings.
2. (2) If, upon receipt of the report under subsection (1), the Chief Municipal Executive Officer/ Municipal Executive Officer considers that the sanitary condition of such block of building is likely to cause risk of disease to the inhabitants of that building or the neighbourhood or otherwise to endanger the community health, he shall with the approval of the-Empowered Standing Committee, select the buildings which in his opinion should wholly or in part be removed in order to abate the unhealthy condition of such block of building and may thereupon by notice, in writing, require the owners of such buildings to remove them within such period as may be specified in the notice : Provide that before issuing the notice, a reasonable opportunity shall be given to the owners to show cause, either in writing or in person, why the buildings should not be removed : provided further that the Chief Municipal Executive Officer/ Municipal Executive Officer shall for the removal of any such building, which may have been erected lawfully, pay compensation to the owner for any such building.
3. (3) If the notice under sub section (2) requiring an, owner of a building to remove such building is no complied with then after the expiration of the period specified in the notice, the Chief Municipal Executive Officer/ Municipal

1. (1) If upon information in his possession, the Chief Municipal Executive Power to require Officer Municipal Executive Officer is satisfied that any building is in any respect Improvement of unfit for human habitation, he may unless in opinion the building is not capable building unfit for of be rendered fit at a reasonable expense, serve on owner of the building a human habitation. notice requiring him within such period, not being less than thirty days, as may be specified in the notice, to execute the works of improvement specified therein, and stating that in his opinion such works will render the building fit for human habitation.
2. (2) In addition to the notice served on the owner of the building under sub- section (1), the Chief Municipal Executive Officer/ Municipal Executive Officer may also serve a copy of the notice on any other person having an interest in the building, whether as a lessee or as a mortgagee or otherwise.
3. (3) In determining whether a biding can be rendered fit for human habitation at a reasonable expense, regard shall be had to the estimated cost of the works necessary to render the building so fit and the estimated value which the building will have on completion of the works.
4. (4) If the notice under sub-section (1) requiring the owner of the building to execute the work of improvement is not complied with, then on the expiration of the period specified in the notice, the Chief Municipal Executive Officer/ Municipal Executive Officer may himself do the works required to be done by the notice and recover the expense incurred in connection therewith as an arrear of tax under this Act. 307. (1) Where, upon information in his possession, the Chief Municipal Power to order Executive Officer/ Municipal Executive Officer is satisfied that any building is demolition of unfit for human habitation and is not capable at a reasonable expense of being building unfit for rendered fit, he shall serve upon the owner of the building and upon any other human habitation. person having an interest in the building, whether as a lessee or as a mortgagee or otherwise, a notice to show cause within such time as may be specified in the notice as to why an order of demolition of the building should not be made.
5. (2) If the owner of the building, or other person upon whom a notice has been served under sub-section (1), appears in pursuance thereof before the chief Municipal Executive Officer/ Municipal Executive Officer and gives an undertaking that he shall, within a period specified by the Chief Municipal Executive Officer/ Municipal Executive Officer, execute such works of improvement in relation to the building as will, in the opinion of the Chief Municipal Executive Officer/ Municipal Executive Officer, render the building fit for human habitation or that the building shall not be used for human habitation until the Chief Municipal Executive Officer/ Municipal Executive Officer on being satisfied that it has been rendered fit for such habitation, cancels the undertaking, the Chief Municipal Executive Officer/ Municipal Executive Officer shall not make an order of demolition of the building.
6. (3) If no such undertaking as is referred to in subsection (2) is given, or if, in a case where any such undertaking has been given, the works of improvement to which the undertaking relates are not carried out within the specified period or the building is used in contravention of the undertakings, the Chief Municipal Executive Officer/Municipal Executive Officer shall forthwith make an order of demolition of the building requiring that the building shall be vacated within a period to be specified in the order, not being less than thirty days from the date of the order, and demolished within six weeks on the expiration of that period.
7. (4) Where an order of demolition of a building under this section has been made, the owner of the building or any other person having an interest therein shall demolish such building within the period specified in the order and if such building is not demolished the building, the municipal executive officer shall sell the materials thereof.
8. (5) Any expenses incurred by the Chief Municipal Executive Officer/ Municipal Executive Officer for carrying out the purpose of sub-section (4), which cannot be met out of the proceeds of the sale of materials of the building, shall be recovered from the owner of the building or any other person having an interest therein as an arrear of tax under this Act.
9. (6) In determining, for the purpose of this section and section 306, whether a building is unfit for human habitation, regard shall be had to its condition in respect of the matters, such as:
   • (a) Repairs,
   • (b) stability,
   • (c) freedom from damp,
   • (d) natural light and air,
   • (e) water supply,
   • (f) drainage and sanitary convenience and
   • (g) facilities for storage, preparation and cooking of food and for the disposal of rubbish, filth and other polluted matter. and the building shall be deemed to be fit for human habitation only, if it is so defective in one or more of the matters as aforesaid that it is not reasonably suitable for occupation in that condition.
10. (7) For the purpose of this section and section 306 "works of improvement" in relation to a building shall include any one or more of the following :
    • (a) necessary repairs,
    • (b) structural alterations,
    • (c) provision of light points and water taps,
    • (d) construction of drains, open or covered,
    • (e) provision of latrines and urinals,
    • (f) provision of additional or improvement fixtures and fittings,
    • (g) opening up or paving of courtyard,
    • (h) removal of rubbish, filth and other polluted and obnoxious matter and,
      • (i) any other work including the demolition of any building or any part there of which. in the opinion of the Municipal Executive Officer, is necessary for executing any of the works as aforesaid.
11. (8) The provisions of this section and section 305 and section 306 shall not apply in relation to any building in any area which has been declared to be a slum area under any State law relating to improvement or clearance of slums.

Executive Officer/ Municipal Executive Officer is satisfied that any building is demolition of unfit for human habitation and is not capable at a reasonable expense of being building unfit for rendered fit, he shall serve upon the owner of the building and upon any other human habitation. person having an interest in the building, whether as a lessee or as a mortgagee or otherwise, a notice to show cause within such time as may be specified in the notice as to why an order of demolition of the building should not be made.

1. (2) If the owner of the building, or other person upon whom a notice has been served under sub-section (1), appears in pursuance thereof before the chief Municipal Executive Officer/ Municipal Executive Officer and gives an undertaking that he shall, within a period specified by the Chief Municipal Executive Officer/ Municipal Executive Officer, execute such works of improvement in relation to the building as will, in the opinion of the Chief Municipal Executive Officer/ Municipal Executive Officer, render the building fit for human habitation or that the building shall not be used for human habitation until the Chief Municipal Executive Officer/ Municipal Executive Officer on being satisfied that it has been rendered fit for such habitation, cancels the undertaking, the Chief Municipal Executive Officer/ Municipal Executive Officer shall not make an order of demolition of the building.
2. (3) If no such undertaking as is referred to in subsection (2) is given, or if, in a case where any such undertaking has been given, the works of improvement to which the undertaking relates are not carried out within the specified period or the building is used in contravention of the undertakings, the Chief Municipal Executive Officer/Municipal Executive Officer shall forthwith make an order of demolition of the building requiring that the building shall be vacated within a period to be specified in the order, not being less than thirty days from the date of the order, and demolished within six weeks on the expiration of that period.
3. (4) Where an order of demolition of a building under this section has been made, the owner of the building or any other person having an interest therein shall demolish such building within the period specified in the order and if such building is not demolished the building, the municipal executive officer shall sell the materials thereof.
4. (5) Any expenses incurred by the Chief Municipal Executive Officer/ Municipal Executive Officer for carrying out the purpose of sub-section (4), which cannot be met out of the proceeds of the sale of materials of the building, shall be recovered from the owner of the building or any other person having an interest therein as an arrear of tax under this Act.
5. (6) In determining, for the purpose of this section and section 306, whether a building is unfit for human habitation, regard shall be had to its condition in respect of the matters, such as:
   • (a) Repairs,
   • (b) stability,
   • (c) freedom from damp,
   • (d) natural light and air,
   • (e) water supply,
   • (f) drainage and sanitary convenience and
   • (g) facilities for storage, preparation and cooking of food and for the disposal of rubbish, filth and other polluted matter. and the building shall be deemed to be fit for human habitation only, if it is so defective in one or more of the matters as aforesaid that it is not reasonably suitable for occupation in that condition.
6. (7) For the purpose of this section and section 306 "works of improvement" in relation to a building shall include any one or more of the following :
   • (a) necessary repairs,
   • (b) structural alterations,
   • (c) provision of light points and water taps,
   • (d) construction of drains, open or covered,
   • (e) provision of latrines and urinals,
   • (f) provision of additional or improvement fixtures and fittings,
   • (g) opening up or paving of courtyard,
   • (h) removal of rubbish, filth and other polluted and obnoxious matter and,
     • (i) any other work including the demolition of any building or any part there of which. in the opinion of the Municipal Executive Officer, is necessary for executing any of the works as aforesaid.
7. (8) The provisions of this section and section 305 and section 306 shall not apply in relation to any building in any area which has been declared to be a slum area under any State law relating to improvement or clearance of slums.

built-up area within the municipal area, is satisfied that : scheme.

1. (a) the building in that area are, by reason of disrepair or sanitary defects, unfit for human habitation or are by reason of their bad arrangement or narrowness or bad arrangement of the streets or wants of light air, ventilation or proper conveniences, dangerous or injurious to the health of the inhabitants of that area or,
2. (b) because of bad layout or obsolete or undesirable dwellings, renewal of such area is necessary or,
3. (c) there is need to create new or improvement means of communication and facilities for traffic, and that the most satisfactory methods of remedying these defects is to prepare an area improvement scheme in respect of such area, the Municipality may pass a resolution so to do. Explanation: - For the purpose of this section and section 309, the expression "built-up area" shall mean an area which in the opinion-of the

An area improvement scheme may provide for all or any of the following Matters to be matters, namely : provided in area Improvement

1. (a) laying out, or relaying out, land, either vacant or already built upon, scheme.
2. (b) filling up, or reclamation, of low lying swampy or unhealthy areas or levelling up of land,
3. (c) redistribution of sites belonging to owners of property comprised in the scheme,
4. (d) reconstitution of plots,
5. (e) construction or reconstruction of buildings,
6. (f) restriction on the erection or re-erection of any building or any class of buildings,
7. (g) imposition of conditions and restriction in regard to the open spaces to be maintained around any building, percentage of built-up area for a plot, number, height and character of buildings allowed in specified areas, sub-division of plots, discontinuance of objectionable uses of land or building in any area for specified periods, parking spaces and loading and unloading spaces for any building and advertisement signs.
8. (h) closure or demolition of buildings or portion of buildings unfit for human habitations,
   • (i) demolition of obstructive buildings or portions thereof,
9. (j) laying out of new streets or roads and construction, diversion, extension, alteration, improvement and closing up of streets or roads and other means of communication,
10. (k) regular line of street and prohibition of buildings within the regular line of streets,
    • (I) construction, alteration and removal of bridges and other structures,
11. (m) provision for traffic engineering schemes, street lighting, street furniture and other convenience,
12. (n) provision for water supply, sewerage, surface or sub-soil drainage and sewage disposal,
13. (o) provision for open spaces,
14. (p) Preservation and protection of objects of historical importance or of national interest or of natural beauty and of buildings actually used for religious purpose and
15. (gq) any other matter not inconsistent with the provisions of this Act and for which, in the opinion of the Municipality, it is expedient to make provision with a view to improving the area to which the scheme relates. 310. (1) Every area improvement scheme shall, as soon as may be after it has Submission of area been prepared, be submitted for approval by the Chief Municipal Executive Improvement Officer/Municipal Executive Officer to the Municipality which may either approve scheme to the scheme without modifications or with such modifications as it may consider Municipality and necessary or reject the scheme with direction to the Chief Municipal Executive State Government. Officer Municipal Executive Officer to have a fresh scheme prepared according to such directions.

1. (2) No area improvement scheme approved by the Municipality under sub- section (1) which involves acquisition of land and provision of funding support from the State Government, shall be valid unless it has been approved by the State Government,

been prepared, be submitted for approval by the Chief Municipal Executive Improvement Officer/Municipal Executive Officer to the Municipality which may either approve scheme to the scheme without modifications or with such modifications as it may consider Municipality and necessary or reject the scheme with direction to the Chief Municipal Executive State Government. Officer Municipal Executive Officer to have a fresh scheme prepared according to such directions.

1. (2) No area improvement scheme approved by the Municipality under sub- section (1) which involves acquisition of land and provision of funding support from the State Government, shall be valid unless it has been approved by the State Government,

the Chief Municipal Executive Officer/ Municipal Executive Officer may also prepare a scheme (hereinafter referred to in this Act as Re-housing scheme) for the construction, maintenance and management of such buildings as he may consider necessary for providing accommodation for persons who are likely to be displaced by the execution of the area improvement scheme.

chapter shall be valid unless such scheme is in conformity with the provisions of scheme and re- the structure plan, if any for the Municipal area. housing scheme to comply with Explanation: - "Structure Plan" shall mean a plan which provides a broad structure plan. strategic framework for preparation of subsequent local plans and takes into consideration the regional context, the transportation linkages and the issues relating to employment, shelter and environment.

executed by the Municipality itself or by such person or authority as the improvement Empowered Standing Committee may select under chapter XXI. scheme.

acquisition of any land or building, whether situated in the municipal area or Power to acquire not, for the purpose of : land and building for area

1. (i) opening out any congested or unhealthy area or otherwise improving improvement any portion of municipal area, or scheme.
2. (ii) erecting sanitary dwellings for working and poor people or
3. (iii) executing any development plan or scheme for the benefit of persons residing in the municipal area.

time to time, alters such limit to define and to alter limits of slum. 316. (1) Notwithstanding anything contained in any other law for the time being Slum improvement in force, the Municipality may with the approval of the State Government Scheme. prepared such improvement scheme for the purpose of effecting environmental or general improvement of slums as it may consider necessary and publish a copy of such scheme in such manner as may be prescribed.

1. (2) The slum improvement scheme may provide for all or any of the following matters:-
   • (a) water supply including sinking of tube wells, laying of water pipelines, installation of over header servoirs and flushing arrangement for privies and urinals,
   • (b) drainage and sewerage including connections with any existing channel or sewer main or laying or diverting of drains.
   • (c) Conversion of service privies into septic tank privies or water borne privies connected with sewer mains,
   • (d) Sewerage and garbage removal,
   • (e) Raising, lowering or levelling of land and improvement of pathways and passages,
   • (f) Lighting including laying of cables or over headlines,
   • (g) Improvement of huts or other structure and
   • (h) Such other matters as may be considered necessary for carrying out the purposes of this chapter.
2. (3) While approving any slum improvement scheme, the State Government shall take into account the activities of other agencies or authorities affecting all or any of the matters referred to in sub-section (2). 317. (1) If, at any time, it becomes necessary to acquire the right of user in any Acquistion of right of land in or around any slum for the purpose of implementing any improvement user. scheme in respect of such slum, the State Government may, on the recommendation of the Municipality in this behalf declare, by notification, its intention to acquire such right and inviting suggestion or objections from persons likely to be affected thereby within such time as may be specified in the notification.
3. (2) Every suggestion or objection received under subsection(1) shall be heard by the Chief Municipal Executive Officer/ Municipal Executive Officer after giving an opportunity to all persons affected to make personal representation, if any,
4. (3) The Chief Municipal Executive Officer/ Municipal Executive Officer shall submit a report to the Empowered Standing Committee after the hearing under sub-section (2) and after making such enquiry in this behalf as he may consider necessary.
5. (4) After considering the views of the Empowered Standing Committee, the State Government may, by notification declare that the right of user in such land which shall be acquired.
6. (5) With effect from the date of publications of the notification under sub- section (4), the right of user in such land shall vest in the Municipality free from all encumbrances.

in force, the Municipality may with the approval of the State Government Scheme. prepared such improvement scheme for the purpose of effecting environmental or general improvement of slums as it may consider necessary and publish a copy of such scheme in such manner as may be prescribed.

1. (2) The slum improvement scheme may provide for all or any of the following matters:-
   • (a) water supply including sinking of tube wells, laying of water pipelines, installation of over header servoirs and flushing arrangement for privies and urinals,
   • (b) drainage and sewerage including connections with any existing channel or sewer main or laying or diverting of drains.
   • (c) Conversion of service privies into septic tank privies or water borne privies connected with sewer mains,
   • (d) Sewerage and garbage removal,
   • (e) Raising, lowering or levelling of land and improvement of pathways and passages,
   • (f) Lighting including laying of cables or over headlines,
   • (g) Improvement of huts or other structure and
   • (h) Such other matters as may be considered necessary for carrying out the purposes of this chapter.
2. (3) While approving any slum improvement scheme, the State Government shall take into account the activities of other agencies or authorities affecting all or any of the matters referred to in sub-section (2).

1. (1) If, at any time, it becomes necessary to acquire the right of user in any Acquistion of right of land in or around any slum for the purpose of implementing any improvement user. scheme in respect of such slum, the State Government may, on the recommendation of the Municipality in this behalf declare, by notification, its intention to acquire such right and inviting suggestion or objections from persons likely to be affected thereby within such time as may be specified in the notification. (2) Every suggestion or objection received under subsection(1) shall be heard by the Chief Municipal Executive Officer/ Municipal Executive Officer after giving an opportunity to all persons affected to make personal representation, if any, (3) The Chief Municipal Executive Officer/ Municipal Executive Officer shall submit a report to the Empowered Standing Committee after the hearing under sub-section (2) and after making such enquiry in this behalf as he may consider necessary. (4) After considering the views of the Empowered Standing Committee, the State Government may, by notification declare that the right of user in such land which shall be acquired. (5) With effect from the date of publications of the notification under sub- section (4), the right of user in such land shall vest in the Municipality free from all encumbrances.

land in or around any slum for the purpose of implementing any improvement user. scheme in respect of such slum, the State Government may, on the recommendation of the Municipality in this behalf declare, by notification, its intention to acquire such right and inviting suggestion or objections from persons likely to be affected thereby within such time as may be specified in the notification.

1. (2) Every suggestion or objection received under subsection(1) shall be heard by the Chief Municipal Executive Officer/ Municipal Executive Officer after giving an opportunity to all persons affected to make personal representation, if any,
2. (3) The Chief Municipal Executive Officer/ Municipal Executive Officer shall submit a report to the Empowered Standing Committee after the hearing under sub-section (2) and after making such enquiry in this behalf as he may consider necessary.
3. (4) After considering the views of the Empowered Standing Committee, the State Government may, by notification declare that the right of user in such land which shall be acquired.
4. (5) With effect from the date of publications of the notification under sub- section (4), the right of user in such land shall vest in the Municipality free from all encumbrances.

chapter, the Municipal Executive Officer may, for reasons of environmental slum. sanitation cause the following works to be executed in any slum :

1. (a) sinking of tube-wells inside a slum including laying of water-pipes lines, installation of over header servoirs and other appurtenances necessary to maintain flushing arrangements of privies and sewers,
2. (b) laying of drains or diversion of existing drains,
3. (c) conversion of service privies into connected privies or septic tanks,
4. (d) removal of silt from sewers and sludge from septic tanks inside a slum,
5. (e) removal of solid or liquid wastes from slums including cleansing of the deck or squatting platform of the connected privies or septic tanks,
6. (f) laying of internal roads,
7. (g) provision of street lighting and
8. (h) repair work relating to any of the works referred to in clauses (a) to (e). Chapter - XXXVI Public streets A. General Powers 319. (1) The Municipality shall constitute a Municipal Streets Technical Municipal Streets " N N N Technical Committee. Committee with the following elected members, namely :
9. (a) in the case of a Class "A" Municipal Council, five Councillors to be elected by the Municipal Council and
10. (b) in the case of a Class "B" or Class "C" Municipal Council or a Nagar Panchayat, three Councillors to be elected by the Class "B" or Class "C" Municipal Council or the Nagar Panchayat as the case may be.

1. (2) In addition to the members mentioned in subsection(1), the Municipal Street Technical Committee shall have six other members namely:
   • (a) The Chief Municipal Executive Officer/ Municipal Executive Officer who shall be the convenor of the Committee,
   • (b) The Municipal Engineer,
   • (c) The Municipal Architect,
   • (d) A police officer, not below the rank of an Inspector or Police to be nominated by the Superintendent of Police of the District concerned and
   • (e) Two officers having responsibility for fire service and preparation of development plans (i.e. Town Planner) for the municipal area to be nominated by the State Government either from amongst the officers of the Municipality or from the officers of the concerned State Government Departments or any authority under any law for the time being in force.
2. (3) The term of the Municipal Streets Technical Committee shall be such as may be specified by the Chief Councillor and a new Municipal Streets Technical Committee shall be constituted before the expiry of the term of the existing Municipal Streets Technical Committee.
3. (4) The Municipal Streets Technical Committee shall meet at least once in a month.
4. (5) The Municipal Streets Technical Committee shall in order to secure the expeditious, convenient and safe movement of traffic, including pedestrian traffic and suitable and adequate parking facilities on and off the public streets and having regard to :
   • (a) the desirability of securing and maintaining reasonable access to premises,
   • (b) the effect on the amenities of any locality affected and
   • (c) any other relevant matter referred to it by the Municipality. aid, advise and assist the Municipality in the following matters namely :- i. classification of public streets and specification of width thereof, ii. prescription of regular line of street, fii. regulation of abutting land uses, iv. regulation of traffic, Vv. designation of on-street parking areas, vi. allocation of rights of way for underground utilities, Vii. placement of street furniture, viii. placement of authorized fixtures on streets such as electric and telegraph poles, post boxes, telephone junction boxes, sheds for buses and milk booths, ix. opening of new public streets, Xx. Permanent or temporary closure of existing public streets, Xi. declaring private streets as public streets and xii. any other matter that may be referred to it by the Municipality.
5. (6) The Municipal Streets Technical Committee shall make recommendation to the Municipality on any matter in conformity with the structure plan, or a scheme under section 308 or section 311 as the case may be or any other development and improvement scheme prepared by any competent authority under any law for the time being in force, and shall take into account such plans, proposals, surveys, studies and supporting technical data on such matter as might be in the possession of the Municipality or any planning or development authority or any Department of the State Government or any such competent authority. Explanation: - "Structure Plan" shall have the same meaning as in the Explanation below section312.
6. (7) Municipal Streets Technical Committee may call for any record, document, map or data from the Municipality or any planning or development authority of any Department of the State Government or any other authority under any State law for the time being in force, and thereupon, it shall be the duty of such Department or authority to comply with such requisition.
7. (8) The Municipality shall consider the recommendation of the Municipal Streets Technical Committee and take such decision thereon as it think fit after taking into account plans, proposals, survey, studies and supporting technical data, if any, referred to in sub-section (6).
8. (9) If any doubt arises as to whether the decision under sub-section (8) is in conflict with any plan, scheme or Programme of any competent authority under any law for the time being in force, the matter shall be referred to the State

" N N N Technical Committee. Committee with the following elected members, namely :

1. (a) in the case of a Class "A" Municipal Council, five Councillors to be elected by the Municipal Council and
2. (b) in the case of a Class "B" or Class "C" Municipal Council or a Nagar Panchayat, three Councillors to be elected by the Class "B" or Class "C" Municipal Council or the Nagar Panchayat as the case may be.

1. (2) In addition to the members mentioned in subsection(1), the Municipal Street Technical Committee shall have six other members namely:
   • (a) The Chief Municipal Executive Officer/ Municipal Executive Officer who shall be the convenor of the Committee,
   • (b) The Municipal Engineer,
   • (c) The Municipal Architect,
   • (d) A police officer, not below the rank of an Inspector or Police to be nominated by the Superintendent of Police of the District concerned and
   • (e) Two officers having responsibility for fire service and preparation of development plans (i.e. Town Planner) for the municipal area to be nominated by the State Government either from amongst the officers of the Municipality or from the officers of the concerned State Government Departments or any authority under any law for the time being in force.
2. (3) The term of the Municipal Streets Technical Committee shall be such as may be specified by the Chief Councillor and a new Municipal Streets Technical Committee shall be constituted before the expiry of the term of the existing Municipal Streets Technical Committee.
3. (4) The Municipal Streets Technical Committee shall meet at least once in a month.
4. (5) The Municipal Streets Technical Committee shall in order to secure the expeditious, convenient and safe movement of traffic, including pedestrian traffic and suitable and adequate parking facilities on and off the public streets and having regard to :
   • (a) the desirability of securing and maintaining reasonable access to premises,
   • (b) the effect on the amenities of any locality affected and
   • (c) any other relevant matter referred to it by the Municipality. aid, advise and assist the Municipality in the following matters namely :- i. classification of public streets and specification of width thereof, ii. prescription of regular line of street, fii. regulation of abutting land uses, iv. regulation of traffic, Vv. designation of on-street parking areas, vi. allocation of rights of way for underground utilities, Vii. placement of street furniture, viii. placement of authorized fixtures on streets such as electric and telegraph poles, post boxes, telephone junction boxes, sheds for buses and milk booths, ix. opening of new public streets, Xx. Permanent or temporary closure of existing public streets, Xi. declaring private streets as public streets and xii. any other matter that may be referred to it by the Municipality.
5. (6) The Municipal Streets Technical Committee shall make recommendation to the Municipality on any matter in conformity with the structure plan, or a scheme under section 308 or section 311 as the case may be or any other development and improvement scheme prepared by any competent authority under any law for the time being in force, and shall take into account such plans, proposals, surveys, studies and supporting technical data on such matter as might be in the possession of the Municipality or any planning or development authority or any Department of the State Government or any such competent authority. Explanation: - "Structure Plan" shall have the same meaning as in the Explanation below section312.
6. (7) Municipal Streets Technical Committee may call for any record, document, map or data from the Municipality or any planning or development authority of any Department of the State Government or any other authority under any State law for the time being in force, and thereupon, it shall be the duty of such Department or authority to comply with such requisition.
7. (8) The Municipality shall consider the recommendation of the Municipal Streets Technical Committee and take such decision thereon as it think fit after taking into account plans, proposals, survey, studies and supporting technical data, if any, referred to in sub-section (6).
8. (9) If any doubt arises as to whether the decision under sub-section (8) is in conflict with any plan, scheme or Programme of any competent authority under any law for the time being in force, the matter shall be referred to the State Government whose decision thereon shall be final.

1. (1) Subject to the provision of section 10, the Empowered Standing Classification of public Committee shall classify all public streets in the municipal area in the following streets. categories :-
   • (a) Category-I - arterial roads.
   • (b) Category-Il - sub-arterial roads.
   • (c) Category-lll- collector roads,
   • (d) Category-IV - local roads and,
   • (e) Category -V- pedestrian pathways
2. (2) The classification shall be done with due regard to the traffic rule of the particular public street and the nature and volume of traffic on it, its existing width and abutting land uses : Provided that the different names of public streets, which constitute essential parts of continuous traffic corridor shall not come in the way of their inclusion in any particular category.
3. (3) The Empowered Standing Committee shall from time to time specific the minimum widths of different categories of public streets with regard to the existing widths of such streets as may be included in such categories : Provided that the minimum width of any public street included in category | or category Il or category Ill or category IV shall be not less than ten meters including the adjoining footpath, if any and that of a public street included in category V shall be not less than six meters : Provided further that such minimum widths may be revised by the Empowered Standing Committee from time to time.
4. (4) The classification of the public streets in different categories maybe revised from time to time. 321. (1) The Municipality shall ensure within a reasonable time and subject to ~~ Compulsory provision the availability of resources, that all public streets under category | , Category II of footpaths. and Category lll have raised footpath adjoining such public streets.
5. (2) Notwithstanding the existing situation the Empowered Standing Committee shall specify different minimum widths for footpaths which are adjacent to the public streets under Category |, Category Il or Category lll so as to be not less than one and a half meters on each side in any case : Provided that more than one minimum width may be specified for the foot path abutting each category of public streets so as to provide for different requirements owing to different abutting land uses: Provided further that while prescribing or revising any regular line of a public street, it shall be stipulated that the specification of minimum width for footpaths shall be complied with.
6. (3) The minimum widths referred to in sub-section (2) may be revised by the Empowered Standing Committee. 322. (I) The Municipality shall — Naming and
   • (a) determine the name or number by which any street or public place numbering of streets. vested in it shall be known,
   • (b) cause to be put up or painted at a conspicuous part of any building, wall or place at or near each end, corner or entrance of such streets or some convenient part of such street, the name or number by which it shall be known, and
   • (c) Cause to be put up or painted on boards of suitable size the name of any public place vested in the Municipality.
7. (2) The Municipality may have regard to the hierarchy of the street system, by regulations, specify the norms according to which the streets may be named or numbered.
8. (3) No person shall destroy, remove, deface or in any way injure or alter any such name or number or sub-number put up or paint any name or number or sub-number different from that put up or painted by order of the Municipality. 323. (1) Municipality shall, when so required by the State Government, assign Unique premises a unique premises number to every premises or part thereof in the municipal number. area and shall cause to be maintained a register wherein such unique premises number shall be recorded in respect of each such premises. Explanation :- In this section, the expression “unique premises number" shall mean a number assigned to the premises or part thereof by the Municipality in the following manner, namely :-
   • (a) the first three digit indicating the ward number,
   • (b) the next three digit indicating the street number,
   • (c) the next four digit indicating the premises number,
   • (d) the next three digit indicating the sub-premises number,
   • (e) the next one digit indicating the code of the building use, such as residential, commercial, industrial or other use, and
   • (f) The last one digit indicating the code of type of construction.
9. (2) When the unique premises number in respect of premises in any ward of the Municipality have been determined, the Chief Municipal Executive Officer/Municipal Executive Officer shall notify such unique premises number in such manner as maybe prescribed.
10. (3) When, after the unique premises numbers in respect of premises in any ward have been notified under sub-section (2), any person is required under this Act or any other State law to make any application to the Municipality for any permission or license or for payment of any tax, or for payment of any dues for any service or for such other purposes as maybe prescribed, the person making the application shall mention in the application the unique premises number assigned under subsection (1).

the availability of resources, that all public streets under category | , Category II of footpaths. and Category lll have raised footpath adjoining such public streets.

1. (2) Notwithstanding the existing situation the Empowered Standing Committee shall specify different minimum widths for footpaths which are adjacent to the public streets under Category |, Category Il or Category lll so as to be not less than one and a half meters on each side in any case : Provided that more than one minimum width may be specified for the foot path abutting each category of public streets so as to provide for different requirements owing to different abutting land uses: Provided further that while prescribing or revising any regular line of a public street, it shall be stipulated that the specification of minimum width for footpaths shall be complied with.
2. (3) The minimum widths referred to in sub-section (2) may be revised by the Empowered Standing Committee.

Naming and

1. (a) determine the name or number by which any street or public place numbering of streets. vested in it shall be known,
2. (b) cause to be put up or painted at a conspicuous part of any building, wall or place at or near each end, corner or entrance of such streets or some convenient part of such street, the name or number by which it shall be known, and
3. (c) Cause to be put up or painted on boards of suitable size the name of any public place vested in the Municipality.

1. (2) The Municipality may have regard to the hierarchy of the street system, by regulations, specify the norms according to which the streets may be named or numbered.
2. (3) No person shall destroy, remove, deface or in any way injure or alter any such name or number or sub-number put up or paint any name or number or sub-number different from that put up or painted by order of the Municipality.

a unique premises number to every premises or part thereof in the municipal number. area and shall cause to be maintained a register wherein such unique premises number shall be recorded in respect of each such premises. Explanation :- In this section, the expression “unique premises number" shall mean a number assigned to the premises or part thereof by the Municipality in the following manner, namely :-

1. (a) the first three digit indicating the ward number,
2. (b) the next three digit indicating the street number,
3. (c) the next four digit indicating the premises number,
4. (d) the next three digit indicating the sub-premises number,
5. (e) the next one digit indicating the code of the building use, such as residential, commercial, industrial or other use, and
6. (f) The last one digit indicating the code of type of construction.

1. (2) When the unique premises number in respect of premises in any ward of the Municipality have been determined, the Chief Municipal Executive Officer/Municipal Executive Officer shall notify such unique premises number in such manner as maybe prescribed.
2. (3) When, after the unique premises numbers in respect of premises in any ward have been notified under sub-section (2), any person is required under this Act or any other State law to make any application to the Municipality for any permission or license or for payment of any tax, or for payment of any dues for any service or for such other purposes as maybe prescribed, the person making the application shall mention in the application the unique premises number assigned under subsection (1).

the Indian Electricity Act, 1910 (9 of1910) and such other laws as may be Underground utilities. notified by testate Government for the purposes of this section, the State Government may, by rules provide for the following namely:-

1. (a) the sanction by the Municipality of specific rights of way in the sub-soil of public and private streets in any municipal area for different public utilities including electric supply, telephone or other telecommunication facilities, gas pipe, water supply, drainage and sewerage, and underground rail system, pedestrian sub-ways, shopping plazas, warehousing facilities and apparatus and appurtenances related thereto provided by testate Government or any statutory body or any licensee under any of the above mentioned Acts or other laws,
2. (b) the levy of any fee or charge under any of the Acts or other laws as foresaid,
3. (c) the furnishing to the Municipality of maps, drawings and statements which shall enable it to compile and maintain precise records of the placement of the underground utilities in the municipal area,
4. (d) the fixing of time limit for execution of work and imposing of such conditions in this respect as the Municipality may consider appropriate and
5. (e) The imposing of penalty in case of delay in the completion of work.

cause to be maintained complete survey maps, drawing and descriptions of all utilities. underground utilities in the municipal area and maps of fire hydrants and sewerage man holes in such form and in such manner as may be provided by regulations and shall ensure the secrecy of the same inconformity with the provisions of any law relating to right to information. 326. (I) The Municipality may by notice, in writing :- Power to prohibit use

1. (a) prohibit or regulate, either temporarily or permanently, vehicular traffic of public streets for in any public street or any portion thereof so as to prevent danger, certain kind of traffic. obstruction or inconvenience to the public or to ensure quietness in any locality,
2. (b) prohibit, in respect of a public street or a portion thereof, the transit of any vehicle of such type, form, construction, weight, emission or size or of any vehicle laden with such heavy or unwieldy object as is likely to cause injury to the roadways or any construction thereon, or of any vehicle on the ground of public convenience, except under such conditions as to time, mode of traction or locomotion use of appliances for the protection of roadways, number of light and assistants and other general precautions and on payment of such charges as may be specified by the Municipality generally or specifically in each case,
3. (c) Prohibit at all times or during any particular hours, entry of any vehicular traffic from or exit of such vehicular traffic into any premises from any particular public street carrying such traffic.

1. (2) Any notice under sub-section (1) shall, if such notice applies to any particular public street, be pasted in conspicuous places at or near both ends of such public street or any portion thereof to which such notice applied or if such notice applied generally to all public streets, be advertised.
2. (3) Notwithstanding anything contained in sub - section (1), the Municipality may declare by notice in writing that any pedestrian pathway or a portion thereof shall be used as bicycle and pedestrian track.
3. (4) The notice referred to in sub-section (3) shall be pasted in conspicuous places at or near both ends of such public street or any portion thereof to which the provision of sub-section (3) apply. B. Regular line of Street 327. (1) The Municipality may, with due regard to the minimum widths Defining regular line of specified for various categories of street including the footpaths adjoining the street. same, define the regular line on one or both sides of any public street or portions thereof in accordance with the regulations made in this behalf and may redefine at any time any such regular line :- Provided that before such defining or redefining, as the case may be, the Municipality shall, by notice, afford a reasonable opportunity to the residents of premises abutting on such public street to make suggestions or objections with respect to the proposed defined or redefined line of the street and shall consider all such suggestions or objections which may be made within one month from the date of publication of such notice: Provided further that the street alignment of any public street operative under any law for the time being in force in any part of the municipal area immediately before the commencement of this Act shall be deemed to be the regular line of such public street defined by the Municipality under this sub- section.
4. (2) The line defined or redefined shall be called the regular line of the street.
5. (3) No person shall construct or reconstruct any building or a portion thereof or any boundary wall or other structure whatsoever within the regular line of a street.
6. (4) The Chief Municipal Executive Officer/ Municipal Executive Officer shall maintain a register containing such particulars as may be specified by the Municipality in this behalf, with plans attached thereto, showing all public streets in respect of which the regular line of the street has been defined or redefined and containing any other particulars which he may deem necessary.
7. (5) All such registers shall be open to inspection by any person on payment of such fee, and any extract there from may be supplied on payment of such charge, as may be determined by the Municipality by regulations. 328. (1) If any part of a building on a public street is within the regular line of Setting back Building that street, the Municipality may, proposed whenever necessary:- to Regular line of street.
   • (a) To repair, rebuild or construct such building or to pull down such building to an extent, measured in cubic metre, exceeding one-half thereof above the ground level or.
   • (b) to repair, remove, construct or reconstruct or make any additions to, or structural alterations of, any portion of such building, which is within the regular line of the street, by order, as respects the additions to, or rebuilding, construction, repair or alterations of, such building, to be set back to the regular line of such street.
8. (2) When any building or any part thereof within the regular line of a public street falls down or is burnt down or is, whether by reason of any order of the Municipality or otherwise, pulled down, the Chief Municipal Executive Officer/ Municipal Executive Officer may forthwith take possession, on behalf of the Municipality, of the portion of the land within the regular line of the street thereto occupied by such building and, if necessary clear the same.
9. (3) Any land acquired under this section shall be deemed to be a part of the public street and shall vest in the Municipality. 329. (1) Where any building or any part thereof is within the regular line of a Compulsory setting public street and, in the opinion of the Municipality, it is necessary to set back ~~ back of building to such building or part thereof to the regular line of such street, the Chief regular line of street. Municipal Executive Officer/Municipal Executive Officer shall, by a notice served on the owner of such building in accordance with the provisions of this Act, require him to show cause, within such period as may be specified in the notice, as to why such building or part thereof, which is within the regular line of such street, should not be pulled down and the land within the regular line acquired by the Municipality.
10. (2) If the owner fails to show cause as required under sub-section (1), the Chief Municipal Executive Officer Municipal Executive Officer may, with the approval of the Municipality, require the owner, by another notice to be served on him in such manner as maybe specified by regulations, to pull down the building or part thereof, which is within the regular line of the street, within such period as may be specified in the notice.

Power to prohibit use

1. (a) prohibit or regulate, either temporarily or permanently, vehicular traffic of public streets for in any public street or any portion thereof so as to prevent danger, certain kind of traffic. obstruction or inconvenience to the public or to ensure quietness in any locality,
2. (b) prohibit, in respect of a public street or a portion thereof, the transit of any vehicle of such type, form, construction, weight, emission or size or of any vehicle laden with such heavy or unwieldy object as is likely to cause injury to the roadways or any construction thereon, or of any vehicle on the ground of public convenience, except under such conditions as to time, mode of traction or locomotion use of appliances for the protection of roadways, number of light and assistants and other general precautions and on payment of such charges as may be specified by the Municipality generally or specifically in each case,
3. (c) Prohibit at all times or during any particular hours, entry of any vehicular traffic from or exit of such vehicular traffic into any premises from any particular public street carrying such traffic.

1. (2) Any notice under sub-section (1) shall, if such notice applies to any particular public street, be pasted in conspicuous places at or near both ends of such public street or any portion thereof to which such notice applied or if such notice applied generally to all public streets, be advertised.
2. (3) Notwithstanding anything contained in sub - section (1), the Municipality may declare by notice in writing that any pedestrian pathway or a portion thereof shall be used as bicycle and pedestrian track.
3. (4) The notice referred to in sub-section (3) shall be pasted in conspicuous places at or near both ends of such public street or any portion thereof to which the provision of sub-section (3) apply. B. Regular line of Street

1. (1) The Municipality may, with due regard to the minimum widths Defining regular line of specified for various categories of street including the footpaths adjoining the street. same, define the regular line on one or both sides of any public street or portions thereof in accordance with the regulations made in this behalf and may redefine at any time any such regular line :- Provided that before such defining or redefining, as the case may be, the Municipality shall, by notice, afford a reasonable opportunity to the residents of premises abutting on such public street to make suggestions or objections with respect to the proposed defined or redefined line of the street and shall consider all such suggestions or objections which may be made within one month from the date of publication of such notice: Provided further that the street alignment of any public street operative under any law for the time being in force in any part of the municipal area immediately before the commencement of this Act shall be deemed to be the regular line of such public street defined by the Municipality under this sub- section. (2) The line defined or redefined shall be called the regular line of the street. (3) No person shall construct or reconstruct any building or a portion thereof or any boundary wall or other structure whatsoever within the regular line of a street. (4) The Chief Municipal Executive Officer/ Municipal Executive Officer shall maintain a register containing such particulars as may be specified by the Municipality in this behalf, with plans attached thereto, showing all public streets in respect of which the regular line of the street has been defined or redefined and containing any other particulars which he may deem necessary. (5) All such registers shall be open to inspection by any person on payment of such fee, and any extract there from may be supplied on payment of such charge, as may be determined by the Municipality by regulations.

specified for various categories of street including the footpaths adjoining the street. same, define the regular line on one or both sides of any public street or portions thereof in accordance with the regulations made in this behalf and may redefine at any time any such regular line :- Provided that before such defining or redefining, as the case may be, the Municipality shall, by notice, afford a reasonable opportunity to the residents of premises abutting on such public street to make suggestions or objections with respect to the proposed defined or redefined line of the street and shall consider all such suggestions or objections which may be made within one month from the date of publication of such notice: Provided further that the street alignment of any public street operative under any law for the time being in force in any part of the municipal area immediately before the commencement of this Act shall be deemed to be the regular line of such public street defined by the Municipality under this sub- section.

1. (2) The line defined or redefined shall be called the regular line of the street.
2. (3) No person shall construct or reconstruct any building or a portion thereof or any boundary wall or other structure whatsoever within the regular line of a street.
3. (4) The Chief Municipal Executive Officer/ Municipal Executive Officer shall maintain a register containing such particulars as may be specified by the Municipality in this behalf, with plans attached thereto, showing all public streets in respect of which the regular line of the street has been defined or redefined and containing any other particulars which he may deem necessary.
4. (5) All such registers shall be open to inspection by any person on payment of such fee, and any extract there from may be supplied on payment of such charge, as may be determined by the Municipality by regulations.

that street, the Municipality may, proposed whenever necessary:- to Regular line of street.

1. (a) To repair, rebuild or construct such building or to pull down such building to an extent, measured in cubic metre, exceeding one-half thereof above the ground level or.
2. (b) to repair, remove, construct or reconstruct or make any additions to, or structural alterations of, any portion of such building, which is within the regular line of the street, by order, as respects the additions to, or rebuilding, construction, repair or alterations of, such building, to be set back to the regular line of such street.

1. (2) When any building or any part thereof within the regular line of a public street falls down or is burnt down or is, whether by reason of any order of the Municipality or otherwise, pulled down, the Chief Municipal Executive Officer/ Municipal Executive Officer may forthwith take possession, on behalf of the Municipality, of the portion of the land within the regular line of the street thereto occupied by such building and, if necessary clear the same.
2. (3) Any land acquired under this section shall be deemed to be a part of the public street and shall vest in the Municipality.

public street and, in the opinion of the Municipality, it is necessary to set back ~~ back of building to such building or part thereof to the regular line of such street, the Chief regular line of street. Municipal Executive Officer/Municipal Executive Officer shall, by a notice served on the owner of such building in accordance with the provisions of this Act, require him to show cause, within such period as may be specified in the notice, as to why such building or part thereof, which is within the regular line of such street, should not be pulled down and the land within the regular line acquired by the Municipality.

1. (2) If the owner fails to show cause as required under sub-section (1), the Chief Municipal Executive Officer Municipal Executive Officer may, with the approval of the Municipality, require the owner, by another notice to be served on him in such manner as maybe specified by regulations, to pull down the building or part thereof, which is within the regular line of the street, within such period as may be specified in the notice.

to be set forward for the purpose of improving the regular line of a public street building to regular line and may require any building to be set forward in the case of reconstruction of street. thereof or of a new construction. Explanation: - For the purpose of this section, a wall separating any premises from a public street shall be deemed to be a building, and it shall be deemed to be a sufficient compliance with the permission or the requirement to set forward a building to the regular line of a street, if a wall of such materials and dimensions, as are approved by the Municipality, is erected along such line.

not occupied by any building, is within the regular line of a public street or if land and land occupied

any platform, veranda, step, compound wall, hedge or fence or some other by platforms etc. within structure, authorized or not, external to a building abutting on a public street, or regular line of street. a portion of such platform, veranda, step, compound wall, hedge, fence or other structure is within the regular line of such street, the Chief Municipal Executive Officer/Municipal Executive Officer may, with the prior approval of the Municipality and after giving the owner of such land or building not less than seven clear days' notice of his intention so to do, take possession, on behalf of the Municipality, of such land with its enclosing wall, hedge or fence, if any, or of such platform, verandah, step, compound wail, hedge, fence or other structure of any portion thereof within the regular line of the public street, and, if necessary, clear the same, and the land so acquired shall thereupon be deemed to be a part of the public street and shall vest in the Municipality: Provided that where the land or the building is vested in the State Government or the Central Government or any agency thereof, the Chief Municipal Executive Officer/ Municipal Executive Officer shall not take possession thereof without the previous sanction of the State Government or the Central

1. (1) Where a land or building is partly within regular line of a public street Acquisition of and the Municipality is satisfied that the land remaining after the excision of the remaining part of portion within such line will not be suitable or fit for any beneficial use, it may, building and land after at the request of the owner, acquire such land in addition to the land within their portions within such line, and such surplus land shall be deemed to be part of the public street regular line of street and shall vest in the Municipality. has been acquired.
2. (2) Such surplus land may, thereafter, be utilized for the purpose of setting forward a building under section 330 or for such other purpose as the

1. (1) A compensation shall be paid by the Municipality to the owner of any Compensation to be building or land acquired for a public street under the provisions of section 328, paid in certain cases of section 329, section 331, or section 332 for any loss which such owner may setting back or setting sustain in consequence of his building or land being so acquired and for any forward of building etc. expense incurred by such owner in consequence of any order made by the Municipality.
2. (2) If, in consequence of any order under section 330 to set forward a building, the owner of such building sustains any loss or damage, compensation shall be paid to him by the Municipality for such loss or damage.
3. (3) If the additional land, which will be included in the premises of any person required or permitted under sub-section (2) to set forward such building, belongs to the Municipality, the order or permission of the Municipality to set forward the building shall be a sufficient conveyance to the said owner of the said land, and the price to be paid to the Municipality by the said owner of such additional land and the other terms and conditions of the conveyance shall be set forth in the order or permission.
4. (4) If, when the Municipality requires any building to be set forward, the owner of the building is dissatisfied with the price fixed to be paid to the Municipality or with any of the terms or conditions of conveyance, the Chief Municipal Executive Officer/ Municipal Executive Officer shall, upon the applications of the owner at any time within fifteen days after the said terms and conditions are communicated to him, refer the case to the court of the District Judge having jurisdiction for determination, and the decision of the said court thereon shall be final. C. Obstruction on Streets 334. (I) If any National highway, State highway, or a street is vested in the Special provision Central Government or the State Government, as the case may be,- Regarding streets belonging to Central or
   • (a) the Municipality shall not, in respect of such national highway, state State Government. highway, or street, grant permission to do any act, the doing of which without its permission, in writing, would contravene the provisions of this Act, except with the sanction of the Central Government or the State Government, as the case may be, and
   • (b) If so required by the Central Government or the State Government, the Municipality shall exercise the powers conferred upon it by this Act or any regulations relating to such street.
5. (2) In the case of roads vested in the State Government, and passing through the municipal area, the Municipality shall have control over such roads in so far as permission for temporary occupation thereof and removal of encroachments there from are concerned, but the maintenance of such roads shall remain with the State Government. 335. (1) The Chief Municipal Executive Officer/Municipal Executive Officer may Temporary erection on grant a permission, in writing, for temporary erection of a booth, panda, or any streets during festivals. other structure on any public place on occasions of ceremonies and festivals, on payment of such fee, and on such conditions, as may be determined by the Municipality by regulations, and for such period as may be mentioned in the letter of permission: Provided that no permission shall be given under this section without consultation with the Superintendent of Police of the district or any police officer within such period as may be mentioned in the letter of permission.
6. (2) The person to whom such permission is granted shall fill in the ground and reinstate the same to the satisfaction of the Chief Municipal Executive Officer/

Central Government or the State Government, as the case may be,- Regarding streets belonging to Central or

1. (a) the Municipality shall not, in respect of such national highway, state State Government. highway, or street, grant permission to do any act, the doing of which without its permission, in writing, would contravene the provisions of this Act, except with the sanction of the Central Government or the State Government, as the case may be, and
2. (b) If so required by the Central Government or the State Government, the Municipality shall exercise the powers conferred upon it by this Act or any regulations relating to such street.

1. (2) In the case of roads vested in the State Government, and passing through the municipal area, the Municipality shall have control over such roads in so far as permission for temporary occupation thereof and removal of encroachments there from are concerned, but the maintenance of such roads shall remain with the State Government.

1. (1) The Chief Municipal Executive Officer/Municipal Executive Officer may Temporary erection on grant a permission, in writing, for temporary erection of a booth, panda, or any streets during festivals. other structure on any public place on occasions of ceremonies and festivals, on payment of such fee, and on such conditions, as may be determined by the Municipality by regulations, and for such period as may be mentioned in the letter of permission: Provided that no permission shall be given under this section without consultation with the Superintendent of Police of the district or any police officer within such period as may be mentioned in the letter of permission. (2) The person to whom such permission is granted shall fill in the ground and reinstate the same to the satisfaction of the Chief Municipal Executive Officer/ Municipal Executive Officer within such period as may be mentioned in the letter of permission.

grant a permission, in writing, for temporary erection of a booth, panda, or any streets during festivals. other structure on any public place on occasions of ceremonies and festivals, on payment of such fee, and on such conditions, as may be determined by the Municipality by regulations, and for such period as may be mentioned in the letter of permission: Provided that no permission shall be given under this section without consultation with the Superintendent of Police of the district or any police officer within such period as may be mentioned in the letter of permission.

1. (2) The person to whom such permission is granted shall fill in the ground and reinstate the same to the satisfaction of the Chief Municipal Executive Officer/ Municipal Executive Officer within such period as may be mentioned in the letter of permission.

Subject to the terms and conditions as maybe specified by regulations, Precautions during the Chief Municipal Executive Officer/ Municipal Executive Officer during construction or repair construction or repair of any public street or any municipal drain or any of street drain or premises vested in the Municipality, shall — premises.

1. (a) cause the same to be fenced and guarded,
2. (b) take proper precaution against accident affection public street of adjoining buildings,
3. (c) prohibit, without his written permission, the depositor any building material or the setting up of any scaffolding or any temporary erection on any public street,
4. (d) close any street wholly or partly to traffic,
5. (e) Provide for necessary diversion of traffic, wherever necessary.
6. (f) ensure the reinstatement of the public street or restoration of any drain or premises to its original condition, and
7. (g) Take steps for repairing or enclosing of any place which, in his opinion, is dangerous or causing inconvenience to traffic along a street or to persons who have legal access thereto or to the Neighbourhood thereof, and recover the costs of such repair works from the owner or the occupier of any such place or premises.

specified by regulations, the Municipality may — in relation to regulation of street.

1. (a) Prohibit or regulate vehicular traffic in any public street or any portion thereof so as to prevent danger, obstruction or inconvenience to the public or injury to the roadways.
2. (b) prohibit, at all times or during any particular hours, entry of any vehicular traffic from, or exit of such vehicular traffic into, any premises from any particular public street carrying such traffic.
3. (c) prohibit tethering of any animal for any purpose in any public street,
4. (d) prohibit in any street installation of structures or fixtures which may cause obstruction,
5. (e) prohibit the opening of the ground floor door, gate, bar or window outwards on any street,
6. (f) prohibit projections upon any street, or drain, or open channel in any street, and
7. (g) Remove anything erected, deposited or hawked on any public place or public street in contravention of the provisions of this Act. 338. (1) Subject to such terms and conditions as may be prescribed, any public Restoration of utility concern requiring the use of the sub-soil under any municipal street, Municipal properties by drain, land or other properly for the purpose of laying lines for such utility public utilities. service such as electric supply or telecommunication, shall obtain permission of the Municipality for such use.

1. (2) At the time of according such permission, the Municipality shall, in consultation with such public utility, arrive at the full cost of restoration of the sub-soil and the surface thereon and obtain an undertaking from the public utility that such restoration shall be done at their cost so as to bring back the property to its original condition to the satisfaction of the Municipality within a reasonable time after the completion of the work. Chapter - XXXVI Buildings A. Procedure

1. (1) Subject to such terms and conditions as may be prescribed, any public Restoration of utility concern requiring the use of the sub-soil under any municipal street, Municipal properties by drain, land or other properly for the purpose of laying lines for such utility public utilities. service such as electric supply or telecommunication, shall obtain permission of the Municipality for such use. (2) At the time of according such permission, the Municipality shall, in consultation with such public utility, arrive at the full cost of restoration of the sub-soil and the surface thereon and obtain an undertaking from the public utility that such restoration shall be done at their cost so as to bring back the property to its original condition to the satisfaction of the Municipality within a reasonable time after the completion of the work. Chapter - XXXVI Buildings A. Procedure

utility concern requiring the use of the sub-soil under any municipal street, Municipal properties by

drain, land or other properly for the purpose of laying lines for such utility public utilities.

service such as electric supply or telecommunication, shall obtain permission

of the Municipality for such use.

1. (2) At the time of according such permission, the Municipality shall, in consultation with such public utility, arrive at the full cost of restoration of the sub-soil and the surface thereon and obtain an undertaking from the public utility that such restoration shall be done at their cost so as to bring back the property to its original condition to the satisfaction of the Municipality within a reasonable time after the completion of the work. Chapter - XXXVI Buildings A. Procedure

h efinitions. the expression-

1. (1) "to erect a building" means -
   • (a) to erect a new building on any site, whether previously built upon or not,
   • (b) to re-erect means- i. any building of which more than one-half of the cubical extent above the level of plinth have been pulled down, burnt or destroyed, or ii. any building of which more than one-half of the superficial area of the external walls above the level of plinth has been pulled down, or fii. any frame-building of which more than half of the number of posts or beams in the external walls have been pulled down,
   • (c) to convert into a dwelling-house any building or any part of a building not originally so constructed for human habitation or, if originally so constructed for human habitation, subsequently appropriated for any other purpose,
   • (d) to convert into more than one dwelling house a building originally constructed as one dwelling-house only,
   • (e) to convert into a place of religious worship or into a sacred building any place or building, not originally constructed for such purpose,
   • (f) to roof or cover an open space between walls or buildings to the extent of the structure formed by the roofing or covering of such space,
   • (g) to convert two or more tenements in building into a greater or lesser number of such tenements,
   • (h) to convert into a stall, shop, office, warehouse or go down, workshop, factory or garage any building not originally constructed for use as such, or to convert any building constructed for such use, by sub-division or addition, into greater or lesser number of such stalls, shops, offices, warehouses or godowns, workshops, factories or garages,
     • (i) to convert a building, which, when originally constructed, was legally exempt from the operation of any building regulations or any rules made under this Act or in any other law for the time being in force, into a building which, had it been originally erected in its converted form, would have been subject to such building regulations,
   • (j) to convert into, or use as, a dwelling house any building, which has been ' discontinued as, or appropriated for any purpose other than, a dwelling- house,
   • (k) to make any addition to a building, and
     • (I) to remove or reconstruct the principal staircase of a building or to alter its position ;
2. (2) "occupancy" or use-group" means the principal occupancy for which a building or a part of a building is used or intended to be used, and the occupancy classification shall, unless otherwise spelt out in any development plan or any other improvement scheme under any law for the time being in force, include —
   • (a) residential buildings, that is to say, any building in which sleeping accommodation is provided for normal residential purposes with or without cooking facility or dining facility or both, and such building shall include one or two or multi-family dwelling, lodging or rooming houses, hostels, dormitories, apartment houses and flats, and private garages,
   • (b) educational buildings, that is to say, an;, building used for school, college or day-care purposes involving assembly for instruction education or recreation incidental to educational use,
   • (c) institutional buildings, that is to say, any building or part thereof ordinarily providing sleeping accommodation for occupants and used for the purposes of medical or other treatment or care of persons suffering from physical or mental illness, disease or infirmity, care of infants, convalescents or aged person sand for penal or correctional detention in which the liberty of the inmates is restricted, and such buildings shall include hospitals, clinics, dispensaries, sanatoria, custodial institutions, and penal institutions like jails, prisons, mental hospitals and reformatories,
   • (d) assembly buildings, that is to say, any building or part thereof where groups of people conger gate or gather for amusement or recreation or for social, religious, patriotic, civic, travel, sports, and similar other purposes, and such buildings shall include theatres, motion picture houses, drive- in-theatres, city halls, town halls, auditoria, exhibition halls, museums, skating rinks, gymnasia, restaurants, eating-houses, hotels, boarding houses, places of worship, dance halls, clubrooms, gymkhanas, passenger stations and terminals of air, surface and other public transportation services, recreation piers, and stadium,
   • (e) business buildings, that is to say, any building or part thereof used for transaction of business or for the keeping of accounts and records or for similar purposes and such buildings shall include offices, banks, professional establishments, court houses, and libraries for the principal function of transaction of public business and keeping of books and records, and shall also include office buildings (premises) solely or principally used as an office of for office purpose.
   • (f) Mercantile buildings, that is to say any building or part thereof used as shops, stores or markets for display or sale or merchandise, either wholesale or retail or for office, storage or service facilities incidental to the sale of merchandise and located in the same building and such building shall include establishments wholly or partly engaged in wholesale trade, manufacturer's whole sale outlets (including related storage facilities) warehouses, and establishment engaged in truck transport(including truck transport booking agencies).
   • (g) Industrial buildings, that is to say any building or structure or part thereof in which products or materials of all kinds and properties are fabricated, assembled or processed as in assembly plants and such buildings shall include laboratories, power plants, smokehouses, refineries, gas plants, mills, dairies, factories, workshops, automobile repair garages and printing presses.
   • (h) Storage buildings, that is to say any building or part thereof used primarily for the storage or sheltering of goods, wares or merchandise as in warehouse and such building shall include cold storages, freight depots, transit sheds, store houses, public garages, hangars, truck terminals, grain elevators, barns and stables,
     • (i) Hazardous buildings, that is to say any building or part thereof used for the storage, handling, manufacture or processing of highly combustible or explosive materials or products, which are liable to burn with extreme rapidity or which may produce poisonous fumes or explosions during storage, handling, manufacture or processing or which involve highly corrosive, toxic or noxious alkalis, acids or other liquid or chemicals producing flames, fumes, explosions or mixtures of dust or which result in the division of matter into fine particles subject to spontaneous ignition :
3. (3) "alteration" means the change from one occupancy to another or the structural change, such as the addition to any area or height or the removal of a part of building or the change to the structure such as the construction or cutting into or removal of any wall, partition, column, beams, joints, floor or other support of the change to or closing of any required means of ingress or egress or the change to any fixture or equipment;
4. (4) "plan" means a plan prepared by a surveyor or a draughtsman or an engineer holding a degree of Bachelor of Engineering or an Architect registered under the Architect Act, 197 2 (20 of 197 2) . Explanation :- For the purpose of classification of a building according to occupancy under clause (2),
   • (a) an occupancy shall be deemed to included subsidiary occupancies which are contingent upon such occupancy, and
   • (b) Building with mixed occupancies shall mean those building in which more than one occupancy are present in different portions thereof.

of the works specified in section 339 in any municipal area, in accordance with Without sanction. the provision of this Act and the regulation made there under in relation to such erection of building or execution of work, as the case may be : Provided that the erection of a residential building upto a height of three storeys, or with a height of eleven meters whichever is lower on a plot of land of three hundred square meter or less may be commenced and may be proceeded with if the building plan has been prepared by an architect registered under the Architect Act, 197 2 (Act 2 of 197 2) and authenticated by him certifying that the building plan for such erection conforms to the provision of this Act and the rules and the regulations made there under : Provided further that any such plan shall be submitted to the Chief Municipal Executive Officer/ Municipal Executive Officer before commencement of the work referred to in the first proviso for sanction thereof in due course : Provided also that if any deviation from the provisions of this Act or the rules or the regulations made there under or any material deviation from such plan is detected in erection of any such building, the Chief Municipal Executive officer Municipal Executive Officer may take necessary action against such person in accordance with the provisions of this Act or the rules or the regulations made there under and in the case of any deviation from the provisions of this Act, or the rules or the regulations made thereunder send a report to the Institution of Architect or the Council of Architecture against the architect who prepared the building plan and authenticated it by certifying that the building plan conforms to the provisions of this Act or the rules or the regulations made there under for such action as the Institution of Architects may deem fit: Provided also that the Chief Municipal Executive Officer/ Municipal Executive Officer shall by order direct that no certification by such architect in respect of any building plan shall be accepted by the Municipality till a decision on the aforesaid report is received from the Institution of Architects or the Council of Architecture by the Chief Municipal Executive Officer/ Municipal Executive Officer: Provided also that in a case where the Chief Municipal Executive Officer/ Municipal Executive Officer has sanctioned or provisionally sanctioned erection of any building above a height of fourteen meters, he shall cause publication of the fact of such sanction in such form and in such manner as may be prescribed, at the cost of lire person in whose favour such sanction has been given, 341. (1) Subject to the provisions of section 340, every person who intends to Erection of building. erect a building shall apply for sanction by giving a notice, in writing of his intention to the Chief Municipal Executive Officer/Municipal Executive Officer in such form and containing such information as may be prescribed.

1. (2) Every such notice shall be accompanied by such documents and plans as may be prescribed. 342. (1) Subject to the provision of section 340, every person who intends to Application for addition execute any of the works specified in sub-section (b) of clause (1) of section to or repair of building. 339 shall apply to the Chief Municipal Executive Officer/ Municipal Executive Officer for sanction by giving a notice, in writing of his intension in such form and containing such information as may be prescribed.
2. (2) Every such notice shall be accompanied by such documents and plans as may be prescribed. 343. (1) Every person giving any notice of his intention to erect a building Purpose for which under section 431 shall specify the purpose for which such building is intended building to be used to be used : and conditions of validity of notice. Provided that for any building not more than one class of use consisted with the occupy or the use group within the meaning of clause (2) of section 339, shall be considered except in respect of the case where under this Act or under any other law for the time being in force, mixed occupancies of specified nature may be permissible.
3. (2) Every person giving any notice under section 341 of his intention to execute any of the works specified in sub-clause (b) of clause (1) of section 339, shall specify whether the original purpose for which such work as intended to be executed, is proposed or is likely to be changed by such execution of work : Provided that if such change would result in mixed occupancies which are contrary to the provisions of this Act or of any other law for the time being in force such change shall not be allowed.
4. (3) No notice shall be valid until the information required under sub-section (1) or sub-section (2) and any other information and plans which may be required by regulations made under this Act have been furnished to the satisfaction of the Chief Municipal Executive Officer/ Municipal Executive Officer along with the notice. 334. (1) Subject to the provision of section 340, the Chief Municipal Executive Sanction or provisional Officers Municipal Executive Officer shall sanction, or provisionally sanction sanction of refusal of the erection of a building of the execution of a work within the municipal area, building or work. unless such building or work would contravene any of the provision of sub- section (2) of this section or the provision of section 355 or section 357. Provided that no such sanction shall be accorded without the prior approval of the Empowered Standing Committee in the case of any building, except a residential building proposed to be erected or re-erected on a plot of land of five hundred square meters or less: Provided further that the Empowered Standing Committee shall consider the recommendation of the Municipal Building Committee, and shall finalize its decision after such consideration.
5. (2) The sanction for erection of a building or execution of a work may be refused on the following grounds, namely :
   • (a) that the building or the work or the use of the site for the building or the work or any of the particulars comprised in the site plan, ground plan, elevation, section or specification would contravene the provisions of this Act or the rules or the regulations made thereunder or of any other law for the time being in force or any scheme sanctioned thereunder,
   • (b) that the notice for sanction does not contain the particulars or is not prepared in the manner, required under the rules or the regulations made in this behalf under this Act,
   • (c) that any information or document required by the Chief Municipal Executive Officer/ Municipal Executive Officer under this Act or the rules or the regulations made thereunder has not been duly furnished,
   • (d) that the building or the work would be an encroachment on the State Government land or land vested in the Municipality, and
   • (e) That the site of the building or the work does not abut on a street or projected street and that there is no access to such building or work from any such street by any passage or pathway appertaining to such site.
6. (3) Notwithstanding anything contained in this Act, the Chief Municipal Executive Officer/Municipal Executive Officer may while granting permission under this chapter, specify such special conditions relevant to each case, regarding disposal of solid, liquid or gaseous wastes or for parking of vehicles or for loading or unloading of goods or for abatement of nuisance of any kind whatsoever as he deems fit.
7. (4) The Chief Municipal Executive Officer/ Municipal Executive Officer shall communicate the sanction or the provisional sanction to the person who has given the notice under section 341 or section 342 and where ire refuses sanction or provisional sanction, either on any of the grounds specified in sub- section (2) or under section 355 or section357, he shall record a brief statement of his reasons for such refusal in writing and shall communicate the refusal along with the reason therefore to the person who has given the notice.
8. (5) The sanction or the provisional sanction or the refusal of sanction to the erection of a building or the execution of a work shall be communicated in such manner as may be prescribed and in the case of sanction or provisional to the erection of a building, the occupancy or use group shall be specifically stated in such sanction. 345. (1) In the case of a Municipal Councils or Nagar Panchayats, the Municipal Building Empowered Standing Committee shall constitute a Municipal Building Committee for Committee with the Chief Municipal Executive Officers Municipal Executive Municipal Councils or Officer as its Chairperson and an officer of the Municipality as its convenor. Nagar Panchayats.
9. (2) The Municipal Building Committee shall have in addition to the Chairperson and the convenor, six other members of whom:
   • (a) one shall be an officer of the planning and development authority for the municipal area under any law for the time being in force,
   • (b) one shall be an officer of the police authority responsible for traffic in the municipal area,
   • (c) one shall be an officer of the fire services having jurisdiction over the municipal area,
   • (d) one shall be an architect having experience of not less than five year,
   • (e) one shall be an Civil Engineer having experience of not less than five year,
   • (f) one shall be an officer for the authority responsible for environmental management of the municipal area and,
   • (g) One shall be an officer of the State Government nominated by the State Government.
10. (3) The Municipal Building Committee may co-opt one person to be nominated by the concerned department of the State Government while dealing with any case regarding any educational building or institutional building or assembly building or industrial building or hazardous building.
11. (4) The Municipal Building Committee shall meet at such periodical intervals as may be necessary but not less than once in every calendar month,
12. (5) The Municipal Building Committee shall scrutinize every application for erection or re-erection of a building for which notice has been received under section 341, other than a residential building up to three storeys or with a height of twelve meters whichever is higher on a plot of land of five hundred square meters or less and make its recommendations : Provided that in respect of any building or execution of any work, if such building or work as the case may be affects or is likely to affect — i. the functioning of the microwave system for telecommunication purposes, or ii. Any function for the purpose of civil aviation, the Municipal Building Committee shall, if so considered necessary, refer the matter to the concerned Department of the Central Government or authority for opinion before finalizing the recommendations.
13. (6) The recommendation of the Municipal Building Committee shall be referred to the Empowered Standing Committee for its consideration and approval with or without change: Provided that the reasons for any deviation from the recommendations shall be recorded in writing.
14. (7) The manner of conduct of business of the Municipal Building Committee and the procedure to be followed by it shall be such as may be specified by regulations.

erect a building shall apply for sanction by giving a notice, in writing of his intention to the Chief Municipal Executive Officer/Municipal Executive Officer in such form and containing such information as may be prescribed.

1. (2) Every such notice shall be accompanied by such documents and plans as may be prescribed.

execute any of the works specified in sub-section (b) of clause (1) of section to or repair of building. 339 shall apply to the Chief Municipal Executive Officer/ Municipal Executive Officer for sanction by giving a notice, in writing of his intension in such form and containing such information as may be prescribed.

1. (2) Every such notice shall be accompanied by such documents and plans as may be prescribed.

under section 431 shall specify the purpose for which such building is intended building to be used to be used : and conditions of validity of notice. Provided that for any building not more than one class of use consisted with the occupy or the use group within the meaning of clause (2) of section 339, shall be considered except in respect of the case where under this Act or under any other law for the time being in force, mixed occupancies of specified nature may be permissible.

1. (2) Every person giving any notice under section 341 of his intention to execute any of the works specified in sub-clause (b) of clause (1) of section 339, shall specify whether the original purpose for which such work as intended to be executed, is proposed or is likely to be changed by such execution of work : Provided that if such change would result in mixed occupancies which are contrary to the provisions of this Act or of any other law for the time being in force such change shall not be allowed.
2. (3) No notice shall be valid until the information required under sub-section (1) or sub-section (2) and any other information and plans which may be required by regulations made under this Act have been furnished to the satisfaction of the Chief Municipal Executive Officer/ Municipal Executive Officer along with the notice.

Empowered Standing Committee shall constitute a Municipal Building Committee for Committee with the Chief Municipal Executive Officers Municipal Executive Municipal Councils or Officer as its Chairperson and an officer of the Municipality as its convenor. Nagar Panchayats.

1. (2) The Municipal Building Committee shall have in addition to the Chairperson and the convenor, six other members of whom:
   • (a) one shall be an officer of the planning and development authority for the municipal area under any law for the time being in force,
   • (b) one shall be an officer of the police authority responsible for traffic in the municipal area,
   • (c) one shall be an officer of the fire services having jurisdiction over the municipal area,
   • (d) one shall be an architect having experience of not less than five year,
   • (e) one shall be an Civil Engineer having experience of not less than five year,
   • (f) one shall be an officer for the authority responsible for environmental management of the municipal area and,
   • (g) One shall be an officer of the State Government nominated by the State Government.
2. (3) The Municipal Building Committee may co-opt one person to be nominated by the concerned department of the State Government while dealing with any case regarding any educational building or institutional building or assembly building or industrial building or hazardous building.
3. (4) The Municipal Building Committee shall meet at such periodical intervals as may be necessary but not less than once in every calendar month,
4. (5) The Municipal Building Committee shall scrutinize every application for erection or re-erection of a building for which notice has been received under section 341, other than a residential building up to three storeys or with a height of twelve meters whichever is higher on a plot of land of five hundred square meters or less and make its recommendations : Provided that in respect of any building or execution of any work, if such building or work as the case may be affects or is likely to affect — i. the functioning of the microwave system for telecommunication purposes, or ii. Any function for the purpose of civil aviation, the Municipal Building Committee shall, if so considered necessary, refer the matter to the concerned Department of the Central Government or authority for opinion before finalizing the recommendations.
5. (6) The recommendation of the Municipal Building Committee shall be referred to the Empowered Standing Committee for its consideration and approval with or without change: Provided that the reasons for any deviation from the recommendations shall be recorded in writing.
6. (7) The manner of conduct of business of the Municipal Building Committee and the procedure to be followed by it shall be such as may be specified by regulations.

or Committee to deal with the sanction of building plan for Class "C" Municipal of building plans in Councils or Nagar Panchayats in the specified municipal areas. case of Class "C"

If, at any time after the communication of sanction or provisional sanction Sanction or provisional to the erection of any building or the execution of any work, the Chief Municipal sanction accorded Executive Officer/ Municipal Executive Officer is satisfied that such sanction or under provisional sanction was accorded in consequence of any materials misrepresentation. misrepresentation or any fraudulent statement in the notice given or information furnished under section 341 or section 342 or section 343,he may by order in writing, cancel for reasons to be recorded in writing such sanction or provisional sanction as the case may be and any building or any work commenced, erected or executed shall be deemed to have been commenced, erected or executed without such sanction and shall be dealt with accordingly under the provisions of this chapter :

1. (1) Where within a period of sixty days or in cases falling under sub- When building or work clause (b) to sub-clause (1) of the clause (I) of section 339 within a period of may be proceeded thirty days of the receipt of any notice under section 341 or section 342 or of with. any information under section 343 the Chief Municipal Executive Officer/Municipal Executive Officer does not refuse to sanction to the erection of any building or the execution of any work or upon refusal does not communicate the refusal to the person who has given the notice such person may make a representation in writing to the Chief Councillor : Provided that if it appears to the Chief Municipal Executive Officer/ Municipal Executive Officer that the site of the proposed building or work is likely to be affected by any scheme of acquisition of land for any public purpose or by any proposed regular line of a public street or extension, improvement, widening or alteration of any street, the Chief Municipal Executive Officer/Municipal Executive Officer may withheld sanction to the erection of the building or the execution of the work for such period, not exceeding six months as he may deem fit and the period of sixty days as the case may be the period of thirty days specified in this sub-section shall be deemed to commence from the date of expiry of the period for which the sanction has been withheld.
2. (2) Where the erection of building or the execution of a work is sanctioned the person who has given the notice shall erect the building or execute the work in accordance with such sanction and shall not contravene any of the provisions of this Act or the rules or the regulation made there under or of any other law for the time being in force,
3. (3) If the person as aforesaid or any one lawfully claiming under him does not commence the erection of the building or the execution of the work within two years of the date on which the erection of the building or the execution of the work as the case may be, is sanctioned, he shall give notice under section 341 or as the case may under section 342 for fresh sanction and the provisions of this section shall apply in relation to such notice as they apply in relation to the original notice.
4. (4) Such person shall before commencing the erection of the building or the execution of the work within the period specified in sub-section (3) shall give notice to the Chief Municipal Executive Officer Municipal Executive Officer of the proposed date of commencement of such erection or execution: Provided that if the commencement does not take place within fifteen days of the date of the notice, the notice shall be deemed not to have been given and fresh notice shall be necessary in this behalf.

while sanctioning the erection of a building or the execution of a work, specify of building or work. a reasonable period within which the building or the work is to be completed

and if the building or the work is not completed within the period so specified, it

shall not be continued thereafter without fresh sanction obtained in the manner

hereinbefore provided, unless the Chief Municipal Executive Officer/ Municipal

Executive Officer on an application made in this behalf, allows an extension of

such period.

350. (1) Where the erection of any building or the execution of any work has Order of demolition been commenced or is being carried on or has been completed without or and stoppage of contrary to the sanction referred to in section 344 or in contravention of any of buildings or work in the provisions of this Act or the rules or the regulations made thereunder, the certain cases and Chief Municipal Executive Officer/ Municipal Executive Officer may in addition appeal.

to any other action that may be taken under this Act, make an order directing

that such erection or work shall be demolished by the person at whose

instance the erection or the work has been commenced or is being carried on

or has been completed within such period not being less than five days and

more than fifteen days from the date on which a copy of the order of demolition

with a brief statement of the reasons there for has been delivered to such

person, as may be specified in the order :

Provided that no order of demolition shall be made unless such person has

been given by means of a notice served in such manner as the Chief Municipal

Executive Officer Municipal Executive Officer may think fit an opportunity of

showing cause why such order shall not be made :

Provided further that where the erection of any building or the execution of any

work has not been completed, the Chief Municipal Executive Officer/ Municipal

Executive Officer may by the same order or by a separate order, whether

made at the time of the issue of the notice under the first proviso or any time,

direct such person to stop the erection of such building or the execution of

such work until the expiry of the period within which an appeal against the

order of demolition, if made may be preferred under sub-section (3).

Explanation :- In this chapter, " the person at whose instance" shall mean the

owner or the occupier or any other person who causes the erection of any

building or the execution of any work including alterations or additions of any to

be some or does it by himself.

1. (2) The Chief Municipal Executive Officer/ Municipal Executive Officer may make an order under subsection (1) notwithstanding the fact that the assessment of such building has been made for the levy of the properly tax on lands and buildings.
2. (3) Any persons aggrieved by an order of the Chief Municipal Executive Officer Municipal Executive Officer under sub-section (1) may, within thirty days from the date of the order, prefer an appeal against the order to the Municipal Building Tribunal appointed under section 356.
3. (4) Where as appeal is prepared under sub-section (3) against an order under sub-section (1) the Municipal Building Tribunal may stay the enforcement of the order on such terms, if any and for such periods as it may think fit : Provided that where the erection of any building or the execution of any work has not been completed at the time of the order under that subsection (1), no order staying the enforcement of the order under that sub-section shall be made by the Municipal Building Tribunal unless a surety sufficient in the opinion of that Tribunal has been given by the appellant for not proceeding with such erection or work pending the disposal of the appeal.
4. (5) Save as provided in this section, no court shall entertain any suit, application or other proceeding for injunction or other relief against the Chief Municipal Executive Officer/ Municipal Executive Officer to restrain him from taking any action, or making any order in pursuance of the provisions of this section.
5. (6) Every order made by the Municipal Building Tribunal on appeal and subject to such order every order made by the Chief Municipal Executive Officer/ Municipal Executive Officer under subsection (1) shall be final and conclusive.
6. (7) Where no appeal has been preferred against an order made by the Chief Municipal Executive Officer/ Municipal Executive Officer under subsection (1) or where an order under that subsection has been confirmed on appeal whether with or without modification the person against whom the order has been made shall comply with the order within the period if any fixed by the Municipal Building Tribunal on appeal and on the failure of such person to comply with the order within such period the Chief Municipal Executive Officer/ Municipal Executive Officer may himself cause the building or the work to which the order relates to be demolished and the expenses of such demolition shall be recoverable from such person as an arrear of tax under this Act.
7. (8) Notwithstanding anything contained in this chapter if the Empowered Standing Committee is of the opinion that immediate action is called for in relation to a building or a work being carried on in contravention of the provisions of this Act, it may for reasons to be recorded in writing cause such building or work to be demolished forthwith. 351. (1) Where the demolition of any building or the erection of any building or Order of stoppage of the execution of any work has been commenced or is being carried on without building or work in or contrary to the sanction referred to in section 344 or in contravention of any certain cases. conditions subjects to which such sanction has been accorded or in contravention of any provision of this Act or the rules or the regulations made there-under, the Chief Municipal Executive Officer/ Municipal Executive Officer may in addition to any other action that may be taken under this Act, by order require the person at whose instance the building or the work has been commenced or is being carried on to stop the same forthwith.
8. (2) (a) Notwithstanding anything contained elsewhere in this Act or in any rules or regulations made there-under no owner of any building and no person engaged in the construction of any building on behalf of the owner thereof, shall allow storage or stagnation of water in the site for the construction of such building and every such owner or every such person, as the case may be shall completely empty all collections of such water at least once in a week.
   • (b) Where the construction of a building is carried on in contravention of the provisions of clause (a) the Chief Municipal Executive Officer/ Municipal Executive Officer may in addition to any other action that may be taken under this Act, by order in writing require the person at whose instance such storage or stagnation of water in the site for the construction of the building is made to stop forthwith any further construction of the building and such orders shall remain in force till the person as aforesaid complies with the requirements of the order as aforesaid, to the satisfaction of the Chief Municipal Executive Officer/ Municipal Executive Officer.
9. (3) If an order by the Chief Municipal Executive Officer/ Municipal Executive Officer under clause (b) of sub-section (2) directing any person to stop the construction of any building is not complied with the Chief Municipal Executive Officer/Municipal Executive Officer may take such measures as he deems fit or may require any police officer to remove such person and all his assistants and workmen from the premises within such time as may be specified by the Chief Municipal Executive Officer/ Municipal Executive Officer and such police officer shall comply with such requirement.
10. (4) If an order by the Chief Municipal Executive Officer Municipal Executive Officer under section 350 or under sub-section (1) of this section, directing any person to stop the erection of any building or the execution of any work, is not complied with the Chief Municipal Executive Officer/ Municipal Executive Officer may take such measures as he deems fit or may require any police officer to remove such person and all his assistant and workmen from the premises within such times as may be specified by the Chief Municipal Executive Officer/ Municipal Executive Officer and such police officer shall comply with such requirements.
11. (5) No court shall entertain any suit application or other proceeding for injunction or other relief against the Chief Municipal Executive Officer/Municipal Executive Officer to restrain him from taking any action or making any order in pursuance of the provisions of this section.
12. (6) in compliance with the requirement under sub section (5) the Chief Municipal Executive /Municipal Executive Officer may, if he thinks fit, depute by an order in writing a police officer or an officer or other employee of the Municipality to watch the premises in order to ensure that the erection of the building or the execution of the work is not continued.
13. (7) Where a police officer or an officer or other employee of the Municipality has been deputed under sub-section (6) to watch the premises the cost of such deputation to be determined by the municipality by regulations, shall be paid by the person at whose instance such erection or execution is being continued or to whom notice under sub-section (1) has been given and shall be recoverable from such person as an arrear of tax under this Act. 352.(1) Notwithstanding anything contained in this Act or the rules ~~ Construction building in . . © . Contravention of made there-under or in any other law for the time being in force, the provisions of the Act any person who being responsible by himself or by any other jes made thereunder person on whose his behalf so constructs or attempts or conspires to construct any new building or additional floor or floors of any building, in contravention of the provisions of this Act or the rules made there-under, endangers or is likely to endanger human life or any property of the Municipality whereupon the water supply, drainage or sewerage of the road traffic is disrupted or is likely to be disrupted or is likely to cause a fire hazard shall be punishable with imprisonment of either description for a term which may extend for five years and also with fine which may extend to fifty thousand rupees. Explanation: - "Person" shall include an owner, occupier, lessee, mortgagee, consultant, promoter or financier or a servant or agent of an owner, occupier, lessee, mortgagee, consultant, promoter or financier who supervises or cause the construct ion of any new building or additional floor or floors of any buildings as aforesaid.
14. (2) The offence under sub-section (1) shall be cognizable and non- bailable within the meaning of the Code of Criminal Procedure, 1973.
15. (3) Where an offence under sub-section (I) has been committed by a company the provisions of section 465 of this Act shall apply to such company.

been commenced or is being carried on or has been completed without or and stoppage of contrary to the sanction referred to in section 344 or in contravention of any of buildings or work in the provisions of this Act or the rules or the regulations made thereunder, the certain cases and Chief Municipal Executive Officer/ Municipal Executive Officer may in addition appeal.

to any other action that may be taken under this Act, make an order directing

that such erection or work shall be demolished by the person at whose

instance the erection or the work has been commenced or is being carried on

or has been completed within such period not being less than five days and

more than fifteen days from the date on which a copy of the order of demolition

with a brief statement of the reasons there for has been delivered to such

person, as may be specified in the order :

Provided that no order of demolition shall be made unless such person has

been given by means of a notice served in such manner as the Chief Municipal

Executive Officer Municipal Executive Officer may think fit an opportunity of

showing cause why such order shall not be made :

Provided further that where the erection of any building or the execution of any

work has not been completed, the Chief Municipal Executive Officer/ Municipal

Executive Officer may by the same order or by a separate order, whether

made at the time of the issue of the notice under the first proviso or any time,

direct such person to stop the erection of such building or the execution of

such work until the expiry of the period within which an appeal against the

order of demolition, if made may be preferred under sub-section (3).

Explanation :- In this chapter, " the person at whose instance" shall mean the

owner or the occupier or any other person who causes the erection of any

building or the execution of any work including alterations or additions of any to

be some or does it by himself.

1. (2) The Chief Municipal Executive Officer/ Municipal Executive Officer may make an order under subsection (1) notwithstanding the fact that the assessment of such building has been made for the levy of the properly tax on lands and buildings.
2. (3) Any persons aggrieved by an order of the Chief Municipal Executive Officer Municipal Executive Officer under sub-section (1) may, within thirty days from the date of the order, prefer an appeal against the order to the Municipal Building Tribunal appointed under section 356.
3. (4) Where as appeal is prepared under sub-section (3) against an order under sub-section (1) the Municipal Building Tribunal may stay the enforcement of the order on such terms, if any and for such periods as it may think fit : Provided that where the erection of any building or the execution of any work has not been completed at the time of the order under that subsection (1), no order staying the enforcement of the order under that sub-section shall be made by the Municipal Building Tribunal unless a surety sufficient in the opinion of that Tribunal has been given by the appellant for not proceeding with such erection or work pending the disposal of the appeal.
4. (5) Save as provided in this section, no court shall entertain any suit, application or other proceeding for injunction or other relief against the Chief Municipal Executive Officer/ Municipal Executive Officer to restrain him from taking any action, or making any order in pursuance of the provisions of this section.
5. (6) Every order made by the Municipal Building Tribunal on appeal and subject to such order every order made by the Chief Municipal Executive Officer/ Municipal Executive Officer under subsection (1) shall be final and conclusive.
6. (7) Where no appeal has been preferred against an order made by the Chief Municipal Executive Officer/ Municipal Executive Officer under subsection (1) or where an order under that subsection has been confirmed on appeal whether with or without modification the person against whom the order has been made shall comply with the order within the period if any fixed by the Municipal Building Tribunal on appeal and on the failure of such person to comply with the order within such period the Chief Municipal Executive Officer/ Municipal Executive Officer may himself cause the building or the work to which the order relates to be demolished and the expenses of such demolition shall be recoverable from such person as an arrear of tax under this Act.
7. (8) Notwithstanding anything contained in this chapter if the Empowered Standing Committee is of the opinion that immediate action is called for in relation to a building or a work being carried on in contravention of the provisions of this Act, it may for reasons to be recorded in writing cause such building or work to be demolished forthwith.

1. (1) Where the demolition of any building or the erection of any building or Order of stoppage of the execution of any work has been commenced or is being carried on without building or work in or contrary to the sanction referred to in section 344 or in contravention of any certain cases. conditions subjects to which such sanction has been accorded or in contravention of any provision of this Act or the rules or the regulations made there-under, the Chief Municipal Executive Officer/ Municipal Executive Officer may in addition to any other action that may be taken under this Act, by order require the person at whose instance the building or the work has been commenced or is being carried on to stop the same forthwith. (2) (a) Notwithstanding anything contained elsewhere in this Act or in any rules or regulations made there-under no owner of any building and no person engaged in the construction of any building on behalf of the owner thereof, shall allow storage or stagnation of water in the site for the construction of such building and every such owner or every such person, as the case may be shall completely empty all collections of such water at least once in a week. (b) Where the construction of a building is carried on in contravention of the provisions of clause (a) the Chief Municipal Executive Officer/ Municipal Executive Officer may in addition to any other action that may be taken under this Act, by order in writing require the person at whose instance such storage or stagnation of water in the site for the construction of the building is made to stop forthwith any further construction of the building and such orders shall remain in force till the person as aforesaid complies with the requirements of the order as aforesaid, to the satisfaction of the Chief Municipal Executive Officer/ Municipal Executive Officer. (3) If an order by the Chief Municipal Executive Officer/ Municipal Executive Officer under clause (b) of sub-section (2) directing any person to stop the construction of any building is not complied with the Chief Municipal Executive Officer/Municipal Executive Officer may take such measures as he deems fit or may require any police officer to remove such person and all his assistants and workmen from the premises within such time as may be specified by the Chief Municipal Executive Officer/ Municipal Executive Officer and such police officer shall comply with such requirement. (4) If an order by the Chief Municipal Executive Officer Municipal Executive Officer under section 350 or under sub-section (1) of this section, directing any person to stop the erection of any building or the execution of any work, is not complied with the Chief Municipal Executive Officer/ Municipal Executive Officer may take such measures as he deems fit or may require any police officer to remove such person and all his assistant and workmen from the premises within such times as may be specified by the Chief Municipal Executive Officer/ Municipal Executive Officer and such police officer shall comply with such requirements. (5) No court shall entertain any suit application or other proceeding for injunction or other relief against the Chief Municipal Executive Officer/Municipal Executive Officer to restrain him from taking any action or making any order in pursuance of the provisions of this section. (6) in compliance with the requirement under sub section (5) the Chief Municipal Executive /Municipal Executive Officer may, if he thinks fit, depute by an order in writing a police officer or an officer or other employee of the Municipality to watch the premises in order to ensure that the erection of the building or the execution of the work is not continued. (7) Where a police officer or an officer or other employee of the Municipality has been deputed under sub-section (6) to watch the premises the cost of such deputation to be determined by the municipality by regulations, shall be paid by the person at whose instance such erection or execution is being continued or to whom notice under sub-section (1) has been given and shall be recoverable from such person as an arrear of tax under this Act.

the execution of any work has been commenced or is being carried on without building or work in or contrary to the sanction referred to in section 344 or in contravention of any certain cases. conditions subjects to which such sanction has been accorded or in contravention of any provision of this Act or the rules or the regulations made there-under, the Chief Municipal Executive Officer/ Municipal Executive Officer may in addition to any other action that may be taken under this Act, by order require the person at whose instance the building or the work has been commenced or is being carried on to stop the same forthwith.

1. (2) (a) Notwithstanding anything contained elsewhere in this Act or in any rules or regulations made there-under no owner of any building and no person engaged in the construction of any building on behalf of the owner thereof, shall allow storage or stagnation of water in the site for the construction of such building and every such owner or every such person, as the case may be shall completely empty all collections of such water at least once in a week.
   • (b) Where the construction of a building is carried on in contravention of the provisions of clause (a) the Chief Municipal Executive Officer/ Municipal Executive Officer may in addition to any other action that may be taken under this Act, by order in writing require the person at whose instance such storage or stagnation of water in the site for the construction of the building is made to stop forthwith any further construction of the building and such orders shall remain in force till the person as aforesaid complies with the requirements of the order as aforesaid, to the satisfaction of the Chief Municipal Executive Officer/ Municipal Executive Officer.
2. (3) If an order by the Chief Municipal Executive Officer/ Municipal Executive Officer under clause (b) of sub-section (2) directing any person to stop the construction of any building is not complied with the Chief Municipal Executive Officer/Municipal Executive Officer may take such measures as he deems fit or may require any police officer to remove such person and all his assistants and workmen from the premises within such time as may be specified by the Chief Municipal Executive Officer/ Municipal Executive Officer and such police officer shall comply with such requirement.
3. (4) If an order by the Chief Municipal Executive Officer Municipal Executive Officer under section 350 or under sub-section (1) of this section, directing any person to stop the erection of any building or the execution of any work, is not complied with the Chief Municipal Executive Officer/ Municipal Executive Officer may take such measures as he deems fit or may require any police officer to remove such person and all his assistant and workmen from the premises within such times as may be specified by the Chief Municipal Executive Officer/ Municipal Executive Officer and such police officer shall comply with such requirements.
4. (5) No court shall entertain any suit application or other proceeding for injunction or other relief against the Chief Municipal Executive Officer/Municipal Executive Officer to restrain him from taking any action or making any order in pursuance of the provisions of this section.
5. (6) in compliance with the requirement under sub section (5) the Chief Municipal Executive /Municipal Executive Officer may, if he thinks fit, depute by an order in writing a police officer or an officer or other employee of the Municipality to watch the premises in order to ensure that the erection of the building or the execution of the work is not continued.
6. (7) Where a police officer or an officer or other employee of the Municipality has been deputed under sub-section (6) to watch the premises the cost of such deputation to be determined by the municipality by regulations, shall be paid by the person at whose instance such erection or execution is being continued or to whom notice under sub-section (1) has been given and shall be recoverable from such person as an arrear of tax under this Act.

1. (1) The Chief Municipal Executive Officer/ Municipal Executive ~~ Lower of the Officer may at any time during the erection of any building or the Chief Municipal execution of any work or at any time within three months after the Executive a. completion thereof, by notice in writing specify any matter in Officer/Municipal respect of which such erection or execution is without or contrary to Executive . the sanction referred to in section 344 or is in contravention of any Officer to require condition of such sanction or of any of the provisions of this Act or alteration of the rules or the regulations made there-under and require the work, person who gave the notice under section 341 or section 342 or the owner of such building or work either-
   • (a) to make such alterations as may be specified by the Chief Municipal Executive Officer/ Municipal Executive Officer in the notice with the object of bringing the building or the work in conformity with such sanction or such condition of such sanction or the provisions of this Act or the rules or the regulations made there- under, or
   • (b) to show cause within such period as may be stated in the notice, why such alterations should not be made.
2. (2) If such person or such owner does not show any cause as aforesaid, he shall be bound to make the alterations specified in the notice.
3. (3) If such person or such owner shows the cause as aforesaid, the Chief Municipal Executive Officer/Municipal Executive Officer shall by order either cancel the notice issued under sub-section (1) or confirm the same subject to such modification as he thinks fit. 354. (1) Every person giving a notice under section 341 or section 342 or evel : PHA J builling or work o which such notice relates shall within one month Completion certificate. after completion of erection of such building or execution of such work, deliver or send or cause to be delivered or sent to the Chief Municipal Executive Officers Municipal Executive Officer a notice in writing of such completion accompanied by a certificate in the form specified in the rules made in this behalf and shall gives to the Chief Municipal Executive Officer Municipal Executive Officer all necessary facilities inspection of such building or work.
4. (2) No person shall occupy or permit any other person to occupy any such building or use or permit any other person to use any buildings or apart thereof affected by any such work until permission has been granted by the Chief Municipal Executive Officer/Municipal Executive Officer in this behalf in accordance with the rules and the regulations made under this Act : Provided that if the Chief Municipal Executive Officers Municipal Executive Officer fails within a period of thirty days of receipt of the notice of completion to communicate his refusal to grant such permission such person may make a representation in writing to the Chief Councillor. B. Municipal Building Code 355. (1 ) The State Government shall prepare a Code to be called the Municipal Power of State Building Code containing rules providing for- Government to make
   • (a) the regulation or restriction of the use of sites for buildings, building rules and to
   • (b) the regulation or restriction of buildings Glaeslly ho eicipal
   • (c) And compliance with the provision of any law relating to urban land £ licati purp f ceiling or urban land use planning. of application o building rules.
5. (2) without prejudice to the generality of the foregoing power such Code may provide for all or any of the following matters :-
   • (a) information and plans to be submitted together with application under any of the provision of this chapter,
   • (b) requirements of sites,
   • (c) means of access,
   • (d) development of land into land sub-division and layout,
   • (e) land use classification and uses,
   • (f) open space area and height limitations,
   • (g) parking spaces,
   • (h) requirement of parts of building plinth, habitable room, kitchen, pantry bathroom, water closet, loft , ledge, mezzanine floor, storeroom garage roof, basement, chimney, lighting and ventilation of room, parapet, wells, septic tanks and boundary wall,
     • (i) provisions of lifts,
   • (j) Exit requirement including doorways, corridors, passageways, staircase, ramps and lobbies,
   • (k) Fire protection requirement including materials and designs for interior decoration,
     • (I) special requirement of occupancies for residential building, educational building, institutional building, assembly building, business building, mercantile building, industrial building, storage building and hazardous building (including those for assembly movement, parking loading, unloading, public convenience, water supply and vendors plazas),
   • (m) structural design,
   • (n) quality of materials and workmanship,
   • (o) alternative materials, method of design, construction and tests,
   • (p) Building service including electric supply and such supply from non- conventional sources of energy, air conditioning or heating and telecommunication systems.
   • (q) water supply, water harvesting and plumbing services,
   • (r) signs and outdoor display structures,
   • (s) special requirement for building in the hill areas,
   • (t) special requirement of access for handicapped persons in respect of matters referred to in chapter XXII, chapter XXIII, chapter XXIV and chapter XXV,
   • (u) protection against natural disasters including earthquakes any cyclones and technological disasters and
     • (v) Any other matter considered necessary in relation to building activities.
6. (3) The State Government may by notification exempt any municipal area or any group of municipal areas as classified under section 7 from the operation of ell or any of the provisions of this chapter or the rules made under this section.
7. (4) While such exemption under sub-section (3) remains in force in any municipal area or group of municipal areas, the State Government may make rules consistent with the provision of this chapter for application to such municipal area or group of municipal areas.
8. (5) Notwithstanding anything contained in the foregoing provisions of this section, no building plan for a building on such plot area or for such use as may be prescribed which does not provide for electric supply from non- conventional sources of energy and water harvesting shall be sanctioned by the Municipality. C. Municipal Building Tribunal

PHA J builling or work o which such notice relates shall within one month Completion certificate. after completion of erection of such building or execution of such work, deliver or send or cause to be delivered or sent to the Chief Municipal Executive Officers Municipal Executive Officer a notice in writing of such completion accompanied by a certificate in the form specified in the rules made in this behalf and shall gives to the Chief Municipal Executive Officer Municipal Executive Officer all necessary facilities inspection of such building or work.

1. (2) No person shall occupy or permit any other person to occupy any such building or use or permit any other person to use any buildings or apart thereof affected by any such work until permission has been granted by the Chief Municipal Executive Officer/Municipal Executive Officer in this behalf in accordance with the rules and the regulations made under this Act : Provided that if the Chief Municipal Executive Officers Municipal Executive Officer fails within a period of thirty days of receipt of the notice of completion to communicate his refusal to grant such permission such person may make a representation in writing to the Chief Councillor. B. Municipal Building Code

Building Code containing rules providing for- Government to make

1. (a) the regulation or restriction of the use of sites for buildings, building rules and to
2. (b) the regulation or restriction of buildings Glaeslly ho eicipal
3. (c) And compliance with the provision of any law relating to urban land £ licati purp f ceiling or urban land use planning. of application o building rules.

1. (2) without prejudice to the generality of the foregoing power such Code may provide for all or any of the following matters :-
   • (a) information and plans to be submitted together with application under any of the provision of this chapter,
   • (b) requirements of sites,
   • (c) means of access,
   • (d) development of land into land sub-division and layout,
   • (e) land use classification and uses,
   • (f) open space area and height limitations,
   • (g) parking spaces,
   • (h) requirement of parts of building plinth, habitable room, kitchen, pantry bathroom, water closet, loft , ledge, mezzanine floor, storeroom garage roof, basement, chimney, lighting and ventilation of room, parapet, wells, septic tanks and boundary wall,
     • (i) provisions of lifts,
   • (j) Exit requirement including doorways, corridors, passageways, staircase, ramps and lobbies,
   • (k) Fire protection requirement including materials and designs for interior decoration,
     • (I) special requirement of occupancies for residential building, educational building, institutional building, assembly building, business building, mercantile building, industrial building, storage building and hazardous building (including those for assembly movement, parking loading, unloading, public convenience, water supply and vendors plazas),
   • (m) structural design,
   • (n) quality of materials and workmanship,
   • (o) alternative materials, method of design, construction and tests,
   • (p) Building service including electric supply and such supply from non- conventional sources of energy, air conditioning or heating and telecommunication systems.
   • (q) water supply, water harvesting and plumbing services,
   • (r) signs and outdoor display structures,
   • (s) special requirement for building in the hill areas,
   • (t) special requirement of access for handicapped persons in respect of matters referred to in chapter XXII, chapter XXIII, chapter XXIV and

1. (1) The State Government may appoint one or more Municipal Building Tribunal Tribunals (hereinafter referred to in this section as the Tribunal) as may considered necessary to hear and decide appeals arising, out of matters referred to in chapter XXXVII in accordance with such procedure, and to realize such fees in connection with such appeals, as may be prescribed.
2. (2) Each Tribunal shall consist of a Chairperson and such other members, not exceeding four, as the State Government may determine.
3. (3) The Chairperson and one other member shall be persons who are or have been members of the State Higher Judicial Service, having such experience as may be prescribed.
4. (4) At least one of the remaining other members shall be a person who shall have such knowledge or experience in town planning, civil engineering or architecture as may be prescribed.
5. (5) The Chairperson and the other members of the Tribunal shall be appointed by the State Government for such period, and on such terms and conditions, as the State Government may determine and shall be paid from Municipal Fund: Provided that a Councillor or a person who is or has been an officer or other employee of the Municipality shall not be eligible for appointment as a member of the Tribunal.
6. (6) The State Government may, if it thinks fit, remove for reason of incompetence or misconduct or for any other good or sufficient reason the Chairperson or any other member of the Tribunal.
7. (7) The Tribunal shall have such officers and other employees, appointed on such terms and conditions, as maybe prescribed, and the expenses of the Tribunal shall be paid out of the Municipal Fund.
8. (8) The Provisions of Part Il and Part Ill of the Limitation Act, 1963, relating to appeal shall apply to every appeal preferred under this section.
9. (9) No court shall have jurisdiction in any matter for which provision is made in this chapter for appeal to the Tribunal. D. General Powers

1. (1) Notwithstanding anything contained in this Act or the rules and the streets. regulations made there under or of any other law for the time being in force, the Chief Municipal Executive Officer Municipal Executive Officer may, in the case of any building which is intended to be erected at the corner of two streets, -
   • (a) refuse sanction for such reasons as may be recorded in writing, or
   • (b) impose restrictions on its use, or
   • (c) place special conditions concerning exit to, or entry from, any street, or
   • (d) require it to be rounded off or splayed or cut-off to such height and to such extent as he may determine, or
   • (e) acquire such portion of the site at the corner as he may consider necessary for public convenience or amenity : Provided that nothing shall be done in any case under the provisions of this subsection without any scrutiny of such case by the Municipal Building Committee for a Municipal Corporation, Class 'A Municipal Council and Class 'B' Municipal Council, constituted under section 345, or the Committee for sanction of building plans in case of building plans for Class 'C' Municipal Councils and Nagar Panchayats, constituted under section 346, as the case may be, and without prior approval of the Empowered Standing Committee in accordance with the provisions of this chapter.
2. (2) The Chief Municipal Executive Officer/ Municipal Executive Officer may, by order, in writing, require any alteration, corresponding to any of the provisions in clauses (b) to (e) of sub-section (1), to be made to any building completed before the commencement of this Act.

1. (1) The sanction to the erection of any work on either side of a new street and work on either may be refused by the Chief Municipal Executive Officer Municipal Executive side of new street or Officer unless and until such new street has been levelled, and, in the opinion near fly-over or of the Chief Municipal Executive Officer/ Municipal Executive Officer, wherever transportation terminal. practicable, metalled or paved, drained, lighted and laid with a water main, to his satisfaction.
2. (2) The sanction to the erection of any such building or the execution of any such work may be refused by the Chief Municipal Executive Officer/Municipal Executive Officer, if such building or any portion thereof or such work comes within the regular line of any street, the position and direction of which have been laid down by the Chief Municipal Executive Officer/ Municipal Executive Officer but which has not be erected or executed, or if such building portion thereof or such work is in control of any building plan or any other scheme or o prepared under this Act or any other law for the time being in force.
3. (3) The Chief Municipal Executive Officer/ Municipal Executive Officer may refuse permission for the erection or re-erection of any building which, when completed, will be within such distance from a fly-over or over bridge or transportation terminal or other construction as may be provided by rules or regulations made in this behalf.

1. (1) No roof, verandah, pandal or wall or a building or no shed or fence ~~ Of inflammable shall be constructed or reconstructed of cloth, grass leaves, mats or other material for building inflammable materials except with the permission, in writing, of the Chief etc. without Municipal Executive Officer/Municipal Executive Officer, nor shall any such permission. roof, verandah, pandal, wall shed or fence, constructed or reconstructed in any year, be retained in a subsequent year except with the fresh permission obtained in this behalf.
2. (2) Every permission under sub-section (1) shall expire at the end of the year for which it is granted.
3. (3) The Chief Municipal Executive Officer/ Municipal Executive Officer may regulate the use of materials, design or construction or other practices for interior decoration in accordance with the rules and the regulations in this behalf.

1. (1) The Chief Municipal Executive Officer/ Municipal Executive Officer future construction of may, subject to the prior approval of the Empowered Standing Committee, give buildings in particular notice of his intention to declare — streets or localities.
   • (a) that in any street or portion thereof specified in such notice, the elevation and construction of the frontage of all buildings or any classes of buildings erected or re-erected after such notice shall, in respect of their architectural features, be such as the Empowered Standing Committee may consider suitable to the locality, or
   • (b) that in any locality specified in such notice, there shall be allowed the erection of only detached or semi-detached building or both and that the land appurtenant to each such building shall be of an area, being not less than that specified in such notice, or
   • (c) that the division or sub-division of building plots in a particular locality shall be of minimum specified area, or
   • (d) that in any locality specified in the notice, the construction of more than a specified number of buildings on each acre of land shall not be allowed, or
   • (e) that in any street, portion of a street, or locality, specified in such notice, tire construction of any one or more of the different classes of buildings (such as residential, educational. Institutional “assembly, business, mercantile, industrial, storage, and hazardous buildings) shall not be allowed without the special permission of the Empowered Standing Committee.
2. (2) The Empowered Standing Committee shall consider all suggestions or objections received within a period of three months of the publications of such notice and may confirm the declaration or may modify it so however that the effect of such notice is not extended.
3. (3) The Chief Municipal Executive Officer/ Municipal Executive Officer shall publish any declaration so confirmed or modified in the Official Gazette and the declaration shall take effect from the date of such publication.
4. (4) No person shall after the date of publications of such declaration, erect or re-erect any building in contravention of such declaration.
5. (5) The Empowered Standing Committee shall ensure that such declaration is in conformity with the provisions of any State Law relating to urban land use planning. Power to stop

construction of any building or execution of any work, any of the underground utilities (such as electric or telephone cables, water supply, drainage and sewerage mains and gas pipes) is touched or is likely to be touched or if the Chief Municipal Executive Officer/ Municipal Executive Officer is of the opinion that such excavation may cause danger to the public, the Chief Municipal Executive Officers Municipal Executive Officer may by order in writing stop forthwith any such excavation or other work till the matter is investigated and decided to his satisfaction. Power to require

with a view to promoting convenience, safety, privacy of the public or the buildings. occupier, or sanitation or to securing conformity with the provisions of this Act and the rules and the regulations made thereunder by order in writing require the owner of any existing building to make such alteration therein and within such period as may be specified in the order : Provided that before making any such order, the Chief Municipal Executive Officer/ Municipal Executive Officer shall afford a reasonable opportunity to the owner to show cause why such order should not be made.

1. (1) If any wail or building or anything affixed thereto, is deemed by the removal of dangerous Chief Municipal Executive Officer/ Municipal Executive Officer to be in a building. ruinous state, or is likely to fall or to be in any way dangerous, he shall forthwith cause a notice, in writing to be served on the owner and to be put on some conspicuous part of the wall or building or served on the occupier, if any of the building requiring such owner or occupier forthwith to demolish, rep air or secure such wall, building or thing as the case may require.
2. (2) The Chief Municipal Executive Officer/Municipal Executive Officer may if it appears to him necessary so to do cause a proper hoarding or fence or other means of protection to be put up at the expense of the owner of such wail or building for the safety of the public or the inmates thereof and may after giving them such notice as the Chief Municipal Executive Officer/ Municipal Executive Officer may think necessary require the inmates of the building to vacate it.
3. (3) The provisions of this Act and of any rules or regulations made thereunder relating to buildings shall apply to any work done in pursuance or in consequence of a notice issued under sub-section (1).
4. (4) (a) Notwithstanding anything contained in the foregoing provisions of this section, the Chief Municipal Executive Officer/ Municipal Executive Officer may forthwith or with such notice as he thinks fit demolish, repair or secure or cause to be demolished, repaired or secured any such wall or building or thing affixed thereto, on the report of the Municipality Architect and Town Planner, certifying that such demolition, repair or securing of the building, wall or thing is necessary for the safety of the public or the inmates of the building,
   • (b) In any such case, the Chief Municipal Executive Officer/ Municipal Executive Officer may cause the inmates of the building to be summarily removed from such building or from such portion thereof as he may consider necessary.
   • (c) All expenses incurred by the Chief Municipal Executive Officer/ Municipal Executive Officer for carrying out the purposes of this sub-section shall be paid by the owner of such wall, building or thing.
5. (5) Anything done or any action taken by the Chief Municipal Executive Officer/ Municipal Executive Officer under sub-section (4) shall unless the contrary is proved be deemed to have been done or taken lawfully and in good faith.

1. (1) The Chief Municipal Executive Officer/Municipal Executive Officer may at any time during the erection or re-erection of a building or the execution of any work under this chapter make an inspection thereof without giving any previous notice of his intention so to do.
2. (2) The Chief Municipal Executive Officer/ Municipal Executive Officer may inspect any existing building at any time by giving seven days notice in advance.

1. (1) No person shall without the previous permission in writing of the Chief non-residential uses of Municipal Executive Officer/Municipal Executive Officer otherwise than premises. inconformity with the conditions if any of such permission put any premises to non-residential use including the use for an educational building or an institutional building or an assembly building or a business building or a mercantile building or an industrial building or a storage building or a hazardous building.
2. (2) The Chief Municipal Executive Officer/ Municipal Executive Officer may refuse to give such permission in any case on the ground that such use —
   • (a) would be objectionable by reason of the density of population in the neighbourhood, or
   • (b) would add to the traffic constraint in the vicinity including parking spaces for vehicles or,
   • (c) would not conform to other predominant uses in the neighbourhood or
   • (d) would constitute a fire hazard or
   • (e) would be a nuisance to the inhabitant of neighbourhood or
   • (f) in the case of a hospital or a clinic would be harmful to the patient due to noise or an environment which poses a health hazard or
   • (g) in the case of an educational building would deprive the students of playground facilities,
3. (3) Subject to any land use control under this Act or any other law for the time being in force, the decision of the Chief Municipal Executive Officer Municipal Executive Officer in every case where permission is refused under this section shall be final. Conditions for grants

required from the State Government or any authority under any law for the time being in force, the Chief Municipal Executive Officer/ Municipal Executive Officer shall not grant such permission under this Act to any person until such person produces before the Chief Municipal Executive Officer/ Municipal Executive Officer the licence or the permission from the State Government or such authority as the case may be and submits duly authenticated copy thereof to him : Provided that in the case where production of a permission of the Municipality is a precondition for the grant of a licence or permission under any other law for the time being in force, the Chief Municipal Executive Officer/ Municipal Executive Officer may grant a provisional permission which shall be authenticated to be final only upon production of a licence or permission under the said Law. Provided further that such provisional permission shall have validity only for the purpose of fulfilling any precondition for the grant of the licence or the permission under any other law as aforesaid. E. Regulation of Building Uses Power to prohibit 367. (I) No person shall without the permission in writing of the Chief Municipal change of authorized Executive Officer Municipal Executive Officer or other than in conformity with use of building. the conditions of such permission :

1. (a) use or permit to be used for the purpose of human habitation any building or part thereof not originally erected or authorized to be used for such purpose,
2. (b) change or allow the change of the use of building for any purpose other than that specified in the sanctioned plan,
3. (c) Change or allow the change of the use of any building erected before the commencement of this Act contrary to the use for which such erection was originally sanctioned or to use to which such building was actually put.
4. (d) convert or allow the conversion of a tenement within a building to an occupational use, other than fire use intended in the original sanctioned plan or materially alter, enlarge or extend such

1. (2) If, in any case such permission is given no change of occupancy or use shall be allowed before necessary alterations or provisions have been made to the satisfaction of the Chief Municipal Executive Officer/ Municipal Executive Officer and in accordance with the provisions of this Act and the rules and the regulations made there under and any other law for the time being in force.
2. (3) Any change of use made before the commencement of this Act, except in so far as such use is permissible under the provisions of an earlier State law on the subject in force before the commencement of this Act, shall not be deemed to be a change in contravention of the provisions of this Act.
3. (4) Without prejudice to any other action that may be taken against any persons, whether owner or occupier contravening any provision of this section, the Municipality may levy on such person such fine, not exceeding in each case rupees one hundred per square meter per month for the area under unauthorized use throughout the period during which such contravention continues as maybe provided by regulations.
4. (5) The Chief Municipal Executive Officer/ Municipal Executive Officer may if he deems fit order that such unauthorized used be stopped forthwith: Provided that before making any such order, he shall give a reasonable opportunity to the person affected to show cause why such order shall not be made.
5. (6) Any person aggrieved by an order of the Chief Municipal Executive Officer/ Municipal Executive Officer under sub-section (5) may within thirty days from the date of the order, prefer an appeal against the order to the Municipal Building Tribunal whose decision in the matter shall be final and conclusive.
6. (7) When an appeal is preferred under sub-sec (6) the Municipal Building Tribunal or Municipality as the case may be may stay enforcement of the order made by the Chief Municipal Executive Officer/ Municipal Executive Officer under sub-section (5) on such terms for such period as it may think fit.
7. (8) Save as otherwise provided in this section no c¢ shall entertain any suit , application or o proceeding for any relief or injunction, restrain the Chief Municipal Executive Officer/ Municipal Executive Officer or the Municipal Building Tribunal or the Municipality from taking any a(or making any order in pursuance of the provision of this section. Explanation :- For the purpose of chapter "unauthorized use" shall mean change conversion of a building without sanction for one occupancy or use group to another occupancy or use group referred to in sub-sec(2) of section339.

Executive Officer Municipal Executive Officer or other than in conformity with use of building. the conditions of such permission :

1. (a) use or permit to be used for the purpose of human habitation any building or part thereof not originally erected or authorized to be used for such purpose,
2. (b) change or allow the change of the use of building for any purpose other than that specified in the sanctioned plan,
3. (c) Change or allow the change of the use of any building erected before the commencement of this Act contrary to the use for which such erection was originally sanctioned or to use to which such building was actually put.
4. (d) convert or allow the conversion of a tenement within a building to an occupational use, other than fire use intended in the original sanctioned plan or materially alter, enlarge or extend such

1. (2) If, in any case such permission is given no change of occupancy or use shall be allowed before necessary alterations or provisions have been made to the satisfaction of the Chief Municipal Executive Officer/ Municipal Executive Officer and in accordance with the provisions of this Act and the rules and the regulations made there under and any other law for the time being in force.
2. (3) Any change of use made before the commencement of this Act, except in so far as such use is permissible under the provisions of an earlier State law on the subject in force before the commencement of this Act, shall not be deemed to be a change in contravention of the provisions of this Act.
3. (4) Without prejudice to any other action that may be taken against any persons, whether owner or occupier contravening any provision of this section, the Municipality may levy on such person such fine, not exceeding in each case rupees one hundred per square meter per month for the area under unauthorized use throughout the period during which such contravention continues as maybe provided by regulations.
4. (5) The Chief Municipal Executive Officer/ Municipal Executive Officer may if he deems fit order that such unauthorized used be stopped forthwith: Provided that before making any such order, he shall give a reasonable opportunity to the person affected to show cause why such order shall not be made.
5. (6) Any person aggrieved by an order of the Chief Municipal Executive Officer/ Municipal Executive Officer under sub-section (5) may within thirty days from the date of the order, prefer an appeal against the order to the Municipal Building Tribunal whose decision in the matter shall be final and conclusive.
6. (7) When an appeal is preferred under sub-sec (6) the Municipal Building Tribunal or Municipality as the case may be may stay enforcement of the order made by the Chief Municipal Executive Officer/ Municipal Executive Officer under sub-section (5) on such terms for such period as it may think fit.
7. (8) Save as otherwise provided in this section no c¢ shall entertain any suit , application or o proceeding for any relief or injunction, restrain the Chief Municipal Executive Officer/ Municipal Executive Officer or the Municipal Building Tribunal or the Municipality from taking any a(or making any order in pursuance of the provision of this section. Explanation :- For the purpose of chapter "unauthorized use" shall mean change conversion of a building without sanction for one occupancy or use group to another occupancy or use group referred to in sub-sec(2) of section339. Power to prevent use

1. (1) The Municipality may give notice of its intention to declare that in any of premises for area specified in the no person shall for environmental reasons stated therein Specified purpose in use any premises for any purpose specific in the notice. particular area for environmental
2. (2) Any objection to any such notice shall be received within a period of thirty reasons. days from the date of notice.
3. (3) The Municipality shall consider all objective received within the period as aforesaid, giving person affected by the notice an opportunity being heard and may thereupon make a declaration in accordance with the notice under sub- section (1) with such modifications, if any, as it may this fit.
4. (4) Every such declaration shall be published in manner provided by regulations and shall be effect from the date of such publications.
5. (5) No person shall in any area specified in the declaration published under sub-section (4) use any premises for any purpose specified in the declaration and the Chief Municipal Executive Officer Municipal Executive Officer shall have the power to stop such use of any such premises by such means as he may consider necessary.
6. (6) The Municipality shall ensure that such declaration is in conformity with the provisions of any land use plan in force in the municipal area under any State law regulating such use. Chapter - XXXVIII

1. (1) Except as hereinafter provided in this Act, no person shall use or Premises ot to be permit to be used any premises for any of the non-residential purposes ee tial or non- mentioned in the Schedule without or otherwise than in conformity with the ih or 1a la terms of a licence granted by the Chief Municipal Executive Officer Municipal hd ou municipal Executive Officer or the Wards Committee under sub-section (6) of section 30, licence. as the case may be so as not to contravene the provisions of sub-section (2) of this section. Provided that no such licence shall be given in respect of any non-residential use of a premises, if such use in otherwise than in conformity with the provisions of this Act or any other law for the time being in force or the rules or the regulations or the orders made thereunder. Provided further that exception case which come under the provisions of sub- section (2) of this section or section 371 or section 373 the power issue such licence within its jurisdiction may be exercised by the Wards Committee subject to such conditions and in such manner as may be determined by regulations.
2. (2) In the case of a non-residential use of a premises for a purpose for which a licence or permission is required from the State Government or any statutory body under any law for the time being in force, no licence under this section shall be given until the licence or the permission under the said law has been produced before the Chief Municipal Executive Officer Municipal Executive Officer and duly authenticated copies thereof have been submitted to him : Provided that in the case where the production of a licence under this Act is a preconditions for the grant of a licence under any other law for the time being in force, the Chief Municipal Executive Officer/ Municipal Executive Officer may grant a provisional licence which shall be authenticated to be final only upon the production of a licence or permission under the said law : Provided further that such provisional licence shall have validity only for the purpose of fulfilling the preconditions of the grant of a licence under any other law as aforesaid.
3. (3) In specifying the terms of a licence granted under This section, the Chief Municipal Executive Officer/Municipal Executive Officer may require the licence to take all or any of such measures as he may deem fit to guard against danger to life, health or property or for the abatement of nuisance of any kind.
4. (4) The Municipality shall by regulations, determine the fees to be paid in respect of a licence granted under sub-section (1) and may specify different fees for different categories of non-residential uses in different areas within the municipal area : Provided that no such fee shall exceed rupees two thousand and five hundred in any case.
5. (5) The Municipality may by regulations, determine :-
   • (a) as to when the initial licence is to be taken out and the procedure of annual renewal thereof and
   • (b) The matter connected with the display of licence, inspection or premises, power of inspectors and such other matters as may be deemed necessary. Registers to be

maintain in such form and in such manner as may be prescribed two separate registers of which —

1. (a) one shall contain premise wise information of non- residential uses indicating the unique premises number if any assigned under this Act, and
2. (b) The other shall contain such information on the basis of different non- residential user group for factories, warehouses, medical institution, educational institution and such other uses as maybe provided by regulation. Municipal licence for 371. ( 1) The Chief Municipal Executive Officer/ Municipal Executive Officer private markets. may with the prior approval of the Municipality grants to any person a licence to establish or keep open a private market on payment of such fees as may be determined by the Municipality by regulations and may specify such conditions consistent with this Act as he may deem fit.

1. (2) When the Chief Municipal Executive Officer/Municipal Executive Officer refuses to grants any licence, he shall record a brief statement of the reasons for such refusal in writing.
2. (3) The Chief Municipal Executive Officer/ Municipal Executive Officer may with the prior approval of the Municipality and for reasons to be recorded in writing by order suspended a licence in respect of a private market for such period as he thinks fit or cancel such licence.
3. (4) A private market in respect of which the licence has been suspended or cancelled under subsection (3) shall be closed with effect from such date as may be specified in the order of suspension or cancellation.

may with the prior approval of the Municipality grants to any person a licence to establish or keep open a private market on payment of such fees as may be determined by the Municipality by regulations and may specify such conditions consistent with this Act as he may deem fit.

1. (2) When the Chief Municipal Executive Officer/Municipal Executive Officer refuses to grants any licence, he shall record a brief statement of the reasons for such refusal in writing.
2. (3) The Chief Municipal Executive Officer/ Municipal Executive Officer may with the prior approval of the Municipality and for reasons to be recorded in writing by order suspended a licence in respect of a private market for such period as he thinks fit or cancel such licence.
3. (4) A private market in respect of which the licence has been suspended or cancelled under subsection (3) shall be closed with effect from such date as may be specified in the order of suspension or cancellation. Municipal licence for

1. (1) No person shall without or otherwise than in conformity with a licence sale of flesh, fish and from the Chief Municipal Executive Officer/ Municipal Executive Officer any on poultry. the trade of a butcher, fishmonger, poultry or importer of flesh, intended for human food, or use any place for the sale of flesh, fish or poultry intended for human food. Provided that no person shall sell or expose for sale any flesh obtained from an animal unless the skinned carcass of the animal is stamped in such manner as the Chief Municipal Executive Officer Municipal Executive Officer may by general order made in this behalf require in token of the fact that the animal has been slaughtered in a municipal or licensed slaughterhouse : Provided further that no licence shall be required for any place used for sale or storage for sale of preserved flesh or fish contained in air tight or hermetically sealed receptacles.
2. (2) The Chief Municipal Executive Officer/Municipal Executive Officer may by order and subject to such conditions as to supervision and inspection as he may think fit to impose, grant a licence or may by order and for reasons to be recorded in writing, refuse to grant a licence.
3. (3) The Municipality shall by regulation, determine the procedure for the issue of a licence and renewal thereof.
4. (4) If any place is used for the sale of flesh, fish or poultry intended for human food in contravention of the provisions of this section, the Chief Municipal Executive Officer/ Municipal Executive Officer may stop the use of such place in such manner as he may consider necessary.

1. (1) Without or otherwise than in conformity with the terms of a licence unlicensed activities. granted by the Chief Municipal Executive Officer/ Municipal Executive Officer in this behalf, no person shall within the municipal area use or permit to be used any land or building:
   • (a) for keeping horses, cattle, or other quadrupled animals or birds for transportation sale or hire or for sale of the produce, or
   • (b) as a market in respect of which a licence is required under this Act or
   • (c) for carrying out work as an artisan or
   • (d) For trade of a butcher, fish-monger, poultry or importer of flesh intended for human food or for sale thereof.
2. (2) If any land or building, public or private use or permitted to be used in contravention of the provisions of sub-section (1), the Chief Municipal Executive Officer Municipal Executive Officer may stop the use thereof by such means as he deems fit and may confiscate any article in respect of which such use is being made, and prepare an inventory thereof and in the case of perishable items, auction them without notice.

1. (1) If the Chief Municipal Executive Officer/Municipal Executive Officer is ~~ Premises used in of the opinion that any premises is being used for a non-residential purpose contravention of without a licence under this Act or otherwise than inconformity with the terms licences. of a licence granted in respect thereof, he may stop the use of any such premises for any such purpose for a specified period by such means as he may consider necessary.
2. (2) If a person continues to use a premises in contravention of the provisions of sub-section (1)the Chief Municipal Executive Officer/ Municipal Executive Officer may notwithstanding any other action that may be taken against such person under this Act, levy on such person a continuing fine in accordance with the provisions of sub-section (4)of section 367.

1. (1) The Chief Municipal Executive Officer/ Municipal Executive Officer or drug etc. any officer or any other employee of the Municipality authorized by him in this behalf may at the time in day or night without notice, inspect and examine any food or drug or any utensil or vessel used for preparing, manufacturing or storing such food or drug.
2. (2) If, upon such inspection or examination any such food or drug is in the opinion of the Chief Municipal Executive Officer/ Municipal Executive Officer or any other officer or other employee authorized by him in this behalf, unwholesome or unfit for human consumption or is not what it is represented to be or if any such utensil or vessel is of such kind or in such state as to render any food or drug prepared, manufactured or stored therein, unwholesome or unfit for human consumption, he may seize, seal or carry away such food or drug or utensil or vessel.
3. (3) If any food or drug seized under sub-section (2) is in the opinion of the Chief Municipal Executive Officer Municipal Executive Officer unfit for human consumption he shall cause such food or drug to be forthwith destroyed in such manner as to prevent its being exposed for sale or used for human consumption and the expenses thereof shall be paid by the person in whose possessions such food or drug was at the time of it seizure. Chapter-XXXIX

1. (1) The Chief Municipal Health Officer shall be the Chief Registrar of ~~ Registrar and births and deaths occurring in the municipal area. Registrars.
2. (2) The Chief Municipal Executive Officer/ Municipal Executive Officer shall for the purpose of this chapter appoint such number of persons to be Registrars of births and deaths as he deems necessary and shall define the respective areas which shall be under the charge or such Registrars.

Each Registrar shall keep himself informed of every birth or death occurring within the area of his jurisdiction and shall ascertain such particulars in respect of every birth or death as may be prescribed in this behalf.

1. (1) Such particulars regarding births and deaths as the Chief Municipal maintained. Executive Officer/ Municipal Executive Officer may from time to time specify shall be entered in separate registers of births and of deaths and such registers shall be maintained by each Registrar.
2. (2) The Chief Municipal Executive Officer/ Municipal Executive Officer shall specify the form of the registers required to be maintained under subsection (1) and the manner in which such registers shall be maintained.
3. (3) On an application from a person interested, the Chief Registrar or a Registrar as the case may be, shall issue an extract from any entry in a register on payment of such fees as may be determined by the Municipality by regulations. Registration of births

1969 (18 of 1 969), the Municipality shall cause registration of births and deaths taking place within the municipal area and extracts of information there from shall be supplied on application in such form of a certificate, and on payment of such fees as may be determined by regulations.

1. (1) When the births of any child has been registered and the name, if any of child or of alteration by which it was registered is altered or if it was registered without a name, of name. when a name is given to it, the parent or the guardian of such child or other person proposing such name to be altered or given may within sixty months next after the registration of the birth, deliver to the Registrar of the area in which the birth was registered such certificate as hereinafter provided and the Registrar upon the receipt of the certificate shall without any erasure of the original entry forthwith enter in the register the name mentioned in the certificate as having been given to the child.
2. (2) The certificate shall be in such form as the Chief Municipal Executive Officer/ Municipal Executive Officer may from time to time specify and shall be signed by the parent, or the guardian of tire child or other person proposing the name of the child to be altered or given.

1. (1) Any clerical error which may at any time be discovered in a register of registers of births or births or register of deaths may be corrected by any person authorized in this deaths. behalf by the Chief Municipal Executive Officer/ Municipal Executive Officer.
2. (2) An error of fact or substance in any such register may be corrected by any person authorised as aforesaid by entry in the margin without any alteration of the original entry upon production to the Chief Municipal Executive Officer/ Municipal Executive Officer by the person requiring such error to be corrected of a declaration (setting forth the nature of the error and the fact of the case) on oath made before a Magistrate, by the person required by this Act to give information concerning the birth or death with reference to which the error has been made or in default of such person by a person having knowledge of the case.
3. (3) Except as provided in sub-section (2) no alteration shall be made in any such register.

It shall be the duty of the father or the mother of every child born in the municipal area and in default of the father or the mother of any relation of the child living in the same premises and in defaults of such relation of the person having charge of the child to give to the best of his or her knowledge and belief to the Registrar of the area concerned within eight days after such birth,

information containing such particulars as may be prescribed in this behalf. Provided that

1. (a) in the case of an illegitimate child no person shall as father of such child be required to give information under this Act concerning the birth of such child and the Registrar shall not enter in the register the name of any person as father of such child except at the joint request of the mother and the person acknowledging himself to be the father of such child and such person shall in such case, sign the register together with the mother.
2. (b) a person required to give information only in default of some other person shall not be bound to give such information if he believed and had reasonable grounds for believing that such information had been given and
3. (c) When a child is born in a hospital or a nursing home or a maternity home, none but the officer-in-charge thereof shall be bound to forward forthwith to the Registrar a report of such birth in such time and in such form as the Chief Registrar may from time to time specify. Information regarding

person finding such child or of any person in whose charge such child may be child. place to give to the best of his knowledge and belief to the Chief Registrar or the Registrar within eight days after the finding of such child such information of the particulars required to be registered concerning the birth of such child as such person possesses.

or in attendance during the last illness of any person dying in the municipal deaths. area and in default of such relation of any person present or in attendance at the time of the death and of the occupier of the premises in which to his knowledge, the death took place and in default of the person as aforesaid of each inmate of such premises and of the undertaker or other person causing the corpse of the deceased person to be disposed of to give to the best of his knowledge and belief to the Registrar of the area within which the death took place information containing such particulars as may be prescribed within twenty four hours of such death : Provided that —

1. (a) if the cause of death is known to be a dangerous diseases the information as aforesaid shall be given within twelve hours of its occurrence and
2. (b) If the death of any person occurs in a hospital or a nursing home or a maternity home it shall be the duty of none but the medical officer or other officer-in-charge thereof to forward forth withal report of such death in such form as the Chief Registrar may from time to time specify. Medical Practitioner to

qualified medical practitioner such practitioner shall within three days of his becoming cognizant of the death of such person, sign and forward to the Chief Registrar a certificate of the cause of death of such person in such form as shall from time to time be specified by the Chief Municipal Executive Officer/Municipal Executive Officer in this behalf and the cause of death as stated in such certificate shall be entered in the register together with the name of the certifying medical practitioner. Duties of police in

registered burial or burning ground or other place for disposal of the dead or to corpse. a duly appointed mortuary and thereafter to inform the Registrar within whose jurisdiction such corpse was found. Sextons etc. not to

place for disposal of the dead, whether situated in municipal area or not shall not bury burn or otherwise dispose of or allow to be buried burnt or otherwise disposed of any corpse unless such corpse is accompanied by a certificate in

such form as may be prescribed and signed by a Registrar appointed under section 376 or by a registered medical practitioner or any other medical practitioner authorised by the Registrar. Chapter - XL Disaster Management

1. (1) As far as possible, the Municipality shall in collaboration with the asters technological concerned authorities of the Central Government or the State Government : including the meteorological office, shall prepare environmental base maps and impact area diagrams and shall collect other relevant data and shall take necessary steps for erecting installation and other accessories required to mitigate the effects of natural or technological disasters.
2. (2) The Municipality shall organize emergency operations and promote public awareness in relation to disaster management.
3. (3) The Municipality shall take adequate measure to implement the regulations, if any made by the planning and urban development authorities to mitigate earthquake hazards in high seismic zones and to promote citizen awareness in this regard. Chapter-XLI Industrial Townships Exclusion of industrial

the Governor may having regard to the size of the area and the municipal municipal areas. services being provided or proposed to be provided by an industrial establishment in that area and such other factors as he may deem fit by notification specify to be an industrial township. POWERS, PROCEDTIRES, OFFENCES AND PENAITIES Chapter-XLII Procedure A. Licence and Permission 390. (1) Wherever it is provided in this Act or the rules or the regulations made Signature, condition, f i i” duration, suspension, there under that a licence or a permission in writing may be granted for any N . a . © Lo revocation etc. of purpose, such licence or permission shall be signed by the Chief Municipal licence and Executive Officer/ Municipal Executive Officer or by any other officer ermission empowered to grant such licence or permission under this Act or the rules or p : the regulations made there under and shall specify the following particulars in addition to any other particulars required to be specified under any other provision of this Act, or the rules or the regulation made there under:

1. (a) the date of the grant of licence or permission,
2. (b) the purpose or the period, if any for which it is granted,
3. (c) restrictions or conditions of any subject to which it is granted,
4. (d) the name and address of the person to whom it is granted and
5. (e) The fee, if any paid for the licence or the permission.

1. (2) Except as otherwise provided in this Act or the rules or the regulations made there under for every such licence or permission, a fee may be charged at such rate as may from time to time, be fixed by the Municipality and such fee shall be payable by the person to whom the licence or the permission is granted.
2. (3) Save as otherwise provided in this Act or the rules or the regulations made there under, any licence or permission granted under this Act or the rules or the regulations made there under may at any time, be suspended or revoked by the Chief Municipal Executive Officer/ Municipal Executive Officer or the officer by whom it was granted, if he is satisfied that it has been secured by the grantee through misrepresentation or fraud, or if any of the restrictions or conditions of licence or permission has been infringed or evaded by the grantee, or if the grantee has been convicted for the contravention of any of the provision of this Act or the rules or the regulations made thereunder relating to any matter for which the licence or the permission as the case may be was granted : Provided that —
   • (a) before making any order of suspension or revocation, an opportunity shall be given to the grantee of the licence or the permission to show cause why it should not be suspended or revoked and
   • (b) Every such order shall contain a brief statement of the reasons for the suspension or the revocation of the licence or the permission as the case may be.
3. (4) When any such licence or permission is suspended or revoked or when the period for which such licence or permission was granted has expired the grantee shall for the purpose of this Act and the rules and the regulations made thereunder be deemed to be without a licence or permission, as the case may be until such time as the order of suspending or revoking the licence of the permission as the case maybe is rescinded or until the license or the permission as the case may be is renewed.
4. (5) Every grantee of any licence or permission granted under this Act shall at all reasonable times while such licence or permission as the case may be remain in force, if so required by the Chief Municipal Executive Officer/ Municipal Executive Officer or the other officer by whom it was granted, produced such licence or permission as the case may be. B. Entry and Inspection

f i i” duration, suspension, there under that a licence or a permission in writing may be granted for any N . a . © Lo revocation etc. of purpose, such licence or permission shall be signed by the Chief Municipal licence and Executive Officer/ Municipal Executive Officer or by any other officer ermission empowered to grant such licence or permission under this Act or the rules or p : the regulations made there under and shall specify the following particulars in addition to any other particulars required to be specified under any other provision of this Act, or the rules or the regulation made there under:

1. (a) the date of the grant of licence or permission,
2. (b) the purpose or the period, if any for which it is granted,
3. (c) restrictions or conditions of any subject to which it is granted,
4. (d) the name and address of the person to whom it is granted and
5. (e) The fee, if any paid for the licence or the permission.

1. (2) Except as otherwise provided in this Act or the rules or the regulations made there under for every such licence or permission, a fee may be charged at such rate as may from time to time, be fixed by the Municipality and such fee shall be payable by the person to whom the licence or the permission is granted.
2. (3) Save as otherwise provided in this Act or the rules or the regulations made there under, any licence or permission granted under this Act or the rules or the regulations made there under may at any time, be suspended or revoked by the Chief Municipal Executive Officer/ Municipal Executive Officer or the officer by whom it was granted, if he is satisfied that it has been secured by the grantee through misrepresentation or fraud, or if any of the restrictions or conditions of licence or permission has been infringed or evaded by the grantee, or if the grantee has been convicted for the contravention of any of the provision of this Act or the rules or the regulations made thereunder relating to any matter for which the licence or the permission as the case may be was granted : Provided that —
   • (a) before making any order of suspension or revocation, an opportunity shall be given to the grantee of the licence or the permission to show cause why it should not be suspended or revoked and
   • (b) Every such order shall contain a brief statement of the reasons for the suspension or the revocation of the licence or the permission as the case may be.
3. (4) When any such licence or permission is suspended or revoked or when the period for which such licence or permission was granted has expired the grantee shall for the purpose of this Act and the rules and the regulations made thereunder be deemed to be without a licence or permission, as the case may be until such time as the order of suspending or revoking the licence of the permission as the case maybe is rescinded or until the license or the permission as the case may be is renewed.
4. (5) Every grantee of any licence or permission granted under this Act shall at all reasonable times while such licence or permission as the case may be remain in force, if so required by the Chief Municipal Executive Officer/ Municipal Executive Officer or the other officer by whom it was granted, produced such licence or permission as the case may be. B. Entry and Inspection Power to entry.

The Chief Municipal Executive Officer/ Municipal Executive Officer or any other officer or employee of the Municipal authorised by the Chief Municipal Executive Officer/ Municipal Executive Officer in this behalf, or empowered by or under any provision of this Act, may enter into or upon any land or building With or without assistants or workmen, for the purpose of —

1. (a) ascertaining whether in connection with the land or the building there is or has been any contravention of the provisions of this Act or the rules or the regulations made there under, or
2. (b) ascertaining whether or not circumstance sexist which render it necessary to take immediate action by the Chief Municipal Executive Officer/ Municipal Executive Officer or any other officer or employee of the Municipality authorised by him in this behalf ,or empowered by or under any provision of this Act or the rules or the regulations made hereunder, or
3. (c) taking any action or executing any work authorised or required by or under this Act or the rules or the regulations made thereunder, or
4. (d) making such inquiry inspection, examination, measurement, valuation or survey as may be authorized or required by or under this Act or as may be necessary for the proper administration of this Act, or
5. (e) Generally ensuring efficient discharge of the functions by any of the municipal authorities under this Act or the rules or the regulations made thereunder.

1. (1) The Chief Municipal Executive Officer/ Municipal Executive Officer or adjoining land in any person authorised by him in this behalf, or empowered by or under this relation to any work. Act, may enter upon any land within fifty meters of any work authorised by or under this Act with or without assistants or workmen, for the purpose of depositing thereon any soil, gravel, stone or other materials or for obtaining access to such work or for any other purpose connected with the execution thereof.
2. (2) Every person so authorised shall, before entering upon any such land, state the purpose thereof, shall, if so required by the owner or the occupier thereof, fence off so much of the land as may be required for such purpose.
3. (3) Every person as aforesaid shall, in exercising any power conferred by this section, do as little damage as may be necessary, and compensation shall be payable by the municipality in accordance with the rules to the occupier of such building or such land or to both for any such damage, whether permanent or temporary.

1. (1) It shall be lawful for the Chief Municipal Executive Officer/ Municipal Executive Officer or any person authorised by him in this behalf, or empowered by or under this Act, to make any entry into any place and to open or cause to be opened any door, gate or other barrier,-
   • (a) if he considers the opening thereof is necessary for the purpose of such entry and
   • (b) If the owner or the occupier is absent or, being present, refuses to open such door, gate or other barrier.
2. (2) Before making any entry into any such place or opening or causing to be opened any such door, gate or other barriers the Chief Municipal Executive Officer/ Municipal Executive Officer or the person authorised or empowered in this behalf shall call upon two or more respectable inhabitants of the locality in which the place to be entered into is situated to witness the entry or the opening and may issue an order in writing to them or any of them so to do.
3. (3) A report shall be made to Empowered Standing Committee as soon as may be after any entry has been made into any place or any door, gate or other barrier has been opened under this section.

Save as otherwise provided in this Act or the rules or the regulations made thereunder, no entry authorized under this Act shall be made except between the hours of sunrise and sunset : Provided that if the Chief Municipal Executive Officer/ Municipal Executive Officer is satisfied that the erection of any building or the execution of any work has been commenced or is being carried on in contravention of the provisions of this Act in any premises between the period of sunset and sunrise he may if he considers it necessary so to do enter such premises during such period accompanied by an officer to make an inspection thereof and take such action as may be necessary under this Act. Consent ordinarily to

made thereunder no land or building shall be entered without the consent of the occupier, or if there is no occupier of the owner thereof, and no such entry shall be made without giving such occupier or owner as the case may be not less than twenty four hours’ notice in writing of the intention to make such entry. Provided that no such notice shall be necessary if the Municipality considers for reasons to be recorded in writing that there is immediate urgency of such entry and the services of a notice in writing may defeat its purpose. Provided further that no such notice shall be necessary, if the land or the building to be entered is a factory or workshop or trade premises or place used for any of the purpose referred to in section 314 or a stable for horse or a shed for cattle or a latrine or a urinal or a work under construction or for the purpose of ascertaining whether any animal intended for human consumption is slaughter on such land or in such building in contravention of the provision of this Act or the rules or the regulations made thereunder. Regard to be had to

regard shall be paid to the social religious customs and usages of the usages. occupants of the place entered and no apartment in the actual occupancy of a female shall be entered or broken open until she has been informed that she is at liberty to withdraw and every reasonable facility has been afforded to her withdrawing.

Prohibition of

by or under this Act, or with whom the Municipality or any of the municipal molestation in authorities referred to in section 20 has lawfully contracted, in the execution of execution of work. his duty or anything which he is authorised or empowered or required to do by virtue or in consequence of any of the provisions of this Act or the rules or the regulations made thereunder, or in fulfilment of his contract as the case may be. C. Public Notice and Advertisement Public notices how to

made there under shall be in writing under the signature of the Chief Municipal Executive Officer/ Municipal Executive Officer or any other officer of the Municipality authorised by him in this behalf, and shall be widely made known in the locality to be affected thereby by affixing copies thereof, in conspicuous public places within such locality or by publishing the same by advertisement in local newspapers or by such other means as the Chief Municipal Executive Officer/ Municipal Executive Officer may think fit. Newspapers in which

made thereunder that notice shall be given by advertisements in local notice to be published. newspapers or a notification or information shall be published in local newspapers such notice, notification or information shall be inserted in at least two newspapers of which at least one shall be in the regional language. D. Evidence Proof of consent etc. of

doing of or the omission to do anything or the validity of anything done Empowered depends upon the approval, sanction, consent, concurrence, declaration, Standing Committee, opinion or satisfaction of — Chief Councillor, Chief Municipal

1. (a) the Municipality or Executive Officer/
2. (b) The Empowered Standing Committee or Municipal Executive
3. (c) The Chief Councillor or Officer etc.
4. (d) The Chief Municipal Executive Officer/ Municipal Executive Officer or any other officer of the Municipality. As the case may be a document, in writing signed — i. in the case referred to in clause (a) and clause (b) by the Municipality Secretary where there is a Municipality Secretary or where there is no Municipality Secretary by the Chief Municipal Executive Officer/ Municipal Executive Officer and ii. in the case referred to in clause (c) and clause(d) by the Chief Municipal Executive Officer/ Municipal Executive Officer, Purporting to convey or set forth such approval, sanction, consent, concurrence, declaration, opinion, satisfaction as the case may be shall be sufficient evidence thereof. E. Notices etc. Notice etc. to fix

or the rules or the regulations made thereunder required anything to be done for the doing of which no time is fixed in this Act or the rules or the regulations made thereunder such notice, bill, order or requisition shall specify a reasonable time for doing the same.

1. (1) Every licence, permission in writing, notice, bill summons or other etc. may be stamped. documents which is required by this Act or the rules or the regulations made thereunder to bear the signature of the Chief Municipal Executive Officer/ Municipal Executive Officer or any other officer of the Municipality shall be deemed to be properly signed if it bears a facsimile of the signature of the Chief Municipal Executive Officer Municipal Executive Officer or such other officer as the case may be and stamped thereupon.
2. (2) Nothing is sub-section (I) shall be deemed to apply to a cheque drawn upon the Municipal Fund under section 82.

by this Act or the rules or the regulations made thereunder to be served upon, Notice etc. by whom to or issued to any person shall be served or issued by an officer or other be served or issued. employee of the Municipality or by any person authorised by the Chief

1. (1) Every notice, bill, summons order, requisition or other document Service of notice etc. required or authorised by this Act or the rules or the regulations made thereunder to be served or issued by or on behalf of the Municipality or by any of the municipal authorities referred to in section 20 or by any officer or other employee of the Municipality, shall save as otherwise provided in this Act or the rules or the regulations made thereunder be deemed to be duly served.
   • (a) where the person to be served is a company, if the document is addressed to the Secretary of the company at its registered office or at its principal office or place of business and is either — i. sent by registered post or iil delivered at the registered office or at the principal office or place of business of the company or
   • (b) where the person to be served is a partnership, if the document is addressed to the partnership at its principal place of business, identifying it by the name or style under which its business is carried on and is either — i. sent by registered post or iil delivered at the said place of business or
   • (c) where the person to be served is a public body or a Municipality, or a society or other body, if the document is addressed to the secretary, treasurer or other officer of such public body, Municipality, society, or other body at its principal office, and is either, - i. sent by registered post, or [iR delivered at that office, and
   • (d) in any other case, if the document is addressed to the person to be served, and i. is given or tendered to him, or iil if such person cannot be found, is affixed on some conspicuous part of his last known place of residence or business, if within the municipal area, or is given or tendered to some adult member of his family, or is affixed on some conspicuous part of the land or building, if any, to which it relates, or iii. Is sent by registered post to such person.
2. (2) Any document, which is required or authorized to be served on the owner or the occupier of any land or building, may be addressed to "the owner" or "the occupier”, as the case may be, of such land or building (naming such land or building) without further name or description, and shall be deemed to be duly served, -
   • (a) if the document so addressed is sent or delivered in accordance with clause (d) of subsection(l), or
   • (b) If the document or a copy thereof so addressed is delivered to some person on the land or the building or, where there is no such person to whom it can be delivered, is affixed to some conspicuous part of such land or building.
3. (3) Where a document is served on a partnership under this section, the document shall be deemed to be duly served on each partner.
4. (4) For the purpose of enabling any document to be served on the owner of any premises, the Chief Municipal Executive Officer/ Municipal Executive Officer may, by notice, in writing, require the occupier of such premises to state the name and address of the owner thereof.
5. (5) Where the person on whom a document is to be served is a minor, the service upon his guardian or any adult member of his family shall be deemed to be service upon the minor.
6. (6) Nothing in section 402 or section 403 or in this section shall apply to any summons issue under this Act by any court. Explanation. - For the purposes of this section, a servant shall not be deemed to be a member of the family. E.

1. (1) When, under this Act or the rules or the regulations made there under Time for complying any requisition or order is made by a notice, in writing, issued to any person or with requisition persons by any municipal authority or any officer of the Municipality, such or order, and power of authority or officer shall specify in such notice such period within which - the Chief Municipal Executive Officer/
   • (a) such requisition or order shall be complied with, and Municipal Executive
   • (b) Any objection thereto, in writing, shall be received by such authority or Officer to enforce officer, as such authority or officer may consider reasonably. requisition or order on default.
2. (2) If any such requisition or order or any portion thereof is not complied with within the period specified in the notice under sub-section (1), the Chief Municipal Executive Officer/ Municipal Executive Officer may, subject to the provisions of section 406 and such regulations as may be made by the Municipality in this behalf, take such measures, or cause such measures to be taken, as may, in his opinion, be necessary for causing due compliance with such requisition or order, and, except where otherwise expressly provided in this Act or the rules or the regulations made thereunder, the expenses, if any, incurred by such authority or officer in causing such compliance shall be paid by the person or persons to whom such notice is issued.
3. (3) The Chief Municipal Executive Officer/ Municipal Executive Officer may take any scheme, execute any work, or cause anything to be done under this section, notwithstanding any prosecution or punishment or liability to punishment of any person under this Act or the rules or the regulations made thereunder for his failure to comply with such requisition or order. 406. (1) Any person who has been served with a notice under sub-section (1) Submission of of section 405 may, within such period as is specified in such notice, deliver to objections to comply the municipal authority or the officers or the Municipality, as the case may be, with notice. any objection, in writing, setting forth the objections which he may desire to state for withdrawal or modification of such notice.
4. (2) Every such objection shall be placed before the Chief Municipal Executive Officer/ Municipal Executive Officer for determination and, pending such determination, compliance with any requisition or order in accordance with such notice shall be stayed.
5. (3) The Chief Municipal Executive Officer Municipal Executive Officer or, if he so directs, any other officer of the Municipality of such rank as may be specified by him, other than an officer who has issued such notice, shall, after hearing the person concerned or his agent duly authorized by him, in writing, in this behalf and after considering the circumstances of the case, make such order, either confirming or modifying or cancelling the notice, as he thinks fit.
6. (4) (a) Where the Chief Municipal Executive Officer/ Municipal Executive Officer or the other officer of the Municipality referred to in subsection (3) makes an order under that subsection, either confirming or modifying the notice, he may, if he thinks fit, - i. direct that a portion of the expenses, if any, to be incurred in complying with the notice as confirmed or modified shall be borne by the Municipality, and ii. Fix a time within which the notice so confirmed shall be complied with.
   • (b) If the notice as confirmed or modified is not complied with by such person within the time fixed under sub-clause (ii) of clause (a), the Chief Municipal Executive Officer shall take such measures, or cause such work to be executed, or such thing to be done, as may, in his opinion, be necessary for causing due compliance with such notice, and the expenses, if any, incurred by the Chief Municipal Executive Officer is this behalf shall be payable to the Chief Municipal Executive Officer on demand and, if not paid within ten days of such demand, shall be recoverable as an arrear of tax under this Act. G. Recovery of Expenses. 407. ( 1) When, under this Act or the rules or the regulations make thereunder, ower of Municipality to the expenses of any measure taken or work executed or thing done by or enter into agreement under the order of any municipal authority or any officer of the Municipality or for payment of any Magistrate are payable by any person, the Chief Municipal Executive expenses in Officer/Municipal Executive Officer may, if he thinks fit and with the approval of instalment. the Empowered Standing Committee, notwithstanding anything to the contrary contained in this Act or the rules or the regulations made thereunder, enter into an agreement with such person for payment of such expenses in such instalments, and at such intervals, as will secure the recovery of the whole amount due with interest thereon at such rate of interest as may be determined by the State Government from time to time within such period, not exceeding six years, as the Municipality may determine.
7. (2) Every such agreement shall provide for adequate security against the whole amount due from such person. 408. (1) If any expenses are to be recovered or are incurred on account of any Power of Municipality work mentioned — to declare certain expenses to be an
   • (a) in section 199 and section 201, or improvement
   • (b) in the rules or the regulations made under this Act, expenses. The Municipality may, if it thinks fit, declare such expenses to be an improvement expenses.
8. (2) A register shall be maintained by the Chief Municipal Executive Officer/ Municipal Executive Officer showing all expenses, declared to be an improvement expenses under this section and such register shall be open to inspection try any person upon payment of such fee as may from time to time be determined by the Empowered Standing Committee. 409. (1) Any improvement expenses under section 408 shall be charge on the Improvement premises in respect of which or for the benefit of which such expenses are expenses how incurred and shall be recoverable in such instalments and at such intervals, as recoverable and by may be sufficient to discharge such expenses with interest thereon at such whom payable. reasonable rate as may be determined by the Municipality from time to time and within such period not exceeding thirty years as the Municipality may in each case determine.
9. (2) The improvement expenses shall be payable by the owner or the occupier of the premises on which such expenses are chargeable.

any premises pays any instalment of improvement expenses he shall subject improvement to any agreement to the contrary, if any, between himself and the owner of expenses paid by such premises be entitled to deduct the amount of such instalment from the occupier. rent payable by him to such owner or to recover such amount from such owner in pursuance of any order of a court of competent jurisdiction.

improvement expenses, the owner or the occupier of the premises on which occupier to redeem

such expenses are chargeable may redeem such charger by paying to the charge for Municipality such part of such expenses as is still payable. improvement expenses.

which he is required to be executed under this Act or the rules or the occupier on the failure regulations made thereunder, the occupier if any, of such land or building may of owner. with the approval of the Chief Municipal Executive Officer/ Municipal Executive Officer execute such work and shall subject to any agreement to the contrary between himself and the owner of such land or building be entitled to recover from the owner the reasonable expenses incurred by him in the execution of the work and may deducted any amount thereof from the rent payable by him to such owner. 413. (1) Whenever under this Act or the rules or the regulations made Relief to receivers, thereunder any person by reason of his — agents and trustees.

1. (a) receiving the rent of any immovable properly as receiver or agent or trustee of such property or
2. (b) being such receiver or agent or trustee would receive the rent if such property were let to a tenant, is bound to discharge any obligation imposed on the owner of such property but has not at his disposal funds, belonging or payable to such owner, sufficient for the purpose of discharging such obligation he shall within a period of six weeks from the date of service upon him by any municipal authority or officer of the Municipality empowered in this behalf under this Act, of any notice requiring him to discharge such obligation apply to a court of competent jurisdiction for leave to raise such funds or for such directions as he may consider necessary for such purpose.

1. (2) If such receiver or agent or trustee fails to apply to a court of competent jurisdiction under sub-section (1) or after such court has granted leave to raise funds or has issued directions, fails to discharge such obligation or to comply with such directions within twelve months of such leave or such directions he shall be personally liable to discharge such obligation. H. Payment of Compensation

thereunder any person by reason of his — agents and trustees.

1. (a) receiving the rent of any immovable properly as receiver or agent or trustee of such property or
2. (b) being such receiver or agent or trustee would receive the rent if such property were let to a tenant, is bound to discharge any obligation imposed on the owner of such property but has not at his disposal funds, belonging or payable to such owner, sufficient for the purpose of discharging such obligation he shall within a period of six weeks from the date of service upon him by any municipal authority or officer of the Municipality empowered in this behalf under this Act, of any notice requiring him to discharge such obligation apply to a court of competent jurisdiction for leave to raise such funds or for such directions as he may consider necessary for such purpose.

1. (2) If such receiver or agent or trustee fails to apply to a court of competent jurisdiction under sub-section (1) or after such court has granted leave to raise funds or has issued directions, fails to discharge such obligation or to comply with such directions within twelve months of such leave or such directions he shall be personally liable to discharge such obligation. H. Payment of Compensation

the regulations made thereunder the Chief Municipal Executive Officer/ Municipality to pay Municipal Executive Officer may with the prior approval of the Empowered compensation. Standing Committee pay compensation to any person who sustains damage by reasons of the exercise of any of the powers vested by this Act or the rules or the regulations made thereunder on the Chief Municipal Executive Officer/

1. (1) Any person who has been convicted of any offence under this Act or Compensation to be the rules or the regulations made thereunder shall without prejudice to any paid for damage to punishment to which he may be subject be liable to pay such compensation for property of any damage to any property of the Municipality resulting from such offence as Municipality. the appropriate municipal authority may consider reasonable.
2. (2) In the case of any dispute regarding the amount of compensation under sub-section (1) such amount shall on an application, in writing made by such person to the Magistrate who convicts such person of such offence be determined by such Magistrate and if the amount of compensation so determined is not paid by such person, such amount shall be recovered under a warrant from such Magistrate as if it were a fine imposed by him on the person liable thereof. I. Recovery of expenses or compensation in case of disputes 416. (1) If in respect of any expenses referred to in section 407, any dispute Reference by arises, the Chief Municipal Executive Officer/ Municipal Executive Officer shall Municipality to Civil refer such dispute to the Civil Court having jurisdiction for determination. Court in certain cases of recovery of
3. (2) Upon such reference, the Chief Municipal Executive Officer/ Municipal expenses. Executive Officer shall defer further proceedings for the recovery of such expenses and shall recover only such amount if any as may be determined by the Civil Court having jurisdiction.

1. (1) If in respect of any expenses referred to in section 407, any dispute Reference by arises, the Chief Municipal Executive Officer/ Municipal Executive Officer shall Municipality to Civil refer such dispute to the Civil Court having jurisdiction for determination. Court in certain cases of recovery of (2) Upon such reference, the Chief Municipal Executive Officer/ Municipal expenses. Executive Officer shall defer further proceedings for the recovery of such expenses and shall recover only such amount if any as may be determined by the Civil Court having jurisdiction.

arises, the Chief Municipal Executive Officer/ Municipal Executive Officer shall Municipality to Civil refer such dispute to the Civil Court having jurisdiction for determination. Court in certain cases

of recovery of

1. (2) Upon such reference, the Chief Municipal Executive Officer/ Municipal expenses. Executive Officer shall defer further proceedings for the recovery of such expenses and shall recover only such amount if any as may be determined by the Civil Court having jurisdiction.

made thereunder or in any other law for the time being in force in the case of Court in certain cases any dispute in respect of any expenses or any compensation payable to any of payment of person by any municipal authority or any officer or other employee of the expenses or Municipality or any other person under this Act or the rules or the regulations compensation. made thereunder, the amount of such expenses or such compensation shall be determined by the Civil Court having jurisdiction at any time within one year from the date of such expenses or such compensation first becoming due.

417 is not paid on demand such amount shall be recoverable as if the same or compensation were due under a decree of the Civil Court having jurisdiction or in the manner determined under provided in chapter XIX. section 417.

compensation determined under section 417 may be recovered by a suit or compensation by brought in a court of Competent jurisdiction. suit in court. J. Recovery of certain dues

made thereunder any sum due to the Municipality on account of any charge, dues of Municipality. cost, expense, fee, rate or rent or on any other account under this Act or the rules or the regulations made thereunder shall be recoverable from the person from whom such sum is due as if it were property tax. K. Obstruction of owner by occupier 421. (1) Any owner of any land or building may, if he is prevented by the occupier thereof from complying with any provision of the Act or the rules or Application to Civil the regulations made thereunder or any requirement under any such provision Court by owner when in respect of such land or building shall apply to the Civil Court having occupier prevents him jurisdiction within the time fixed for compliance with such provision or from complying with requirement and thereupon, such owner shall not be liable for his failure to the Act etc. comply with such provision or requirement within the time fixed for such compliance.

1. (2) On receipt of any application under sub-section (1) the Civil Court may make an order in writing requiring the occupier of the land or the building as the case maybe to afford all reasonable facilities to the owner for complying with the provisions or the requirement as aforesaid and may also, if it thinks fit, direct that the costs of such application and order shall be paid by the occupier.
2. (3) The occupier shall within eight days from the date of any order under sub- section (2) afford all reasonable facilities to the owner in compliance with such order, in the event of any continued refusal by the occupier to do so, the owner shall be discharged during the continuance of such refusal from any liability which he would otherwise have incurred by reason of his failure to comply with the provision or the requirement as aforesaid. L. Proceedings before the Civil Court. 422. (I) Whenever under this Act any application or appeal or reference is made to a Civil Court having jurisdiction, such Civil Court may for the purpose Proceedings in of any inquiry or proceeding in connection with such application, appeal or Civil Court. reference summon and enforce the attendance of witness and compel them to give evidence or compel the production of documents by the same means and as far as possible in the same manner as is provided in the Code of Civil Procedure 1908 and in all matters relating to any such enquiry or proceedings the court shall be guided generally by the provisions of the Code of Civil Procedure, 1908 (5 of 1908) so far as such provisions are applicable to such inquiry or proceeding.
3. (2) If in any such enquiry or proceeding any person summoned to appear before the Court fails to do so the court may proceed with such inquiry or proceeding in his absence.
4. (3) The cost of every such inquiry or proceeding shall be payable by such person or persons and in such proportions or proportions as the Court may direct and the amount of such cost shall be recoverable as if the same were due under a decree of the court. 423. (1) The Municipality may specify a fee- Fees in proceedings
   • (a) for making under this Act any application, appeal or reference to a Civil before Civil Court. Court having jurisdiction or
   • (b) for issue of any summons or other process in inquiry or proceeding in connection with such application, appeal or reference, Provided that the fee, if any under clause (a) shall not in the case where the value of any claim is capable of being estimated in money, exceed the fee liveable in a similar case under the Code of Civil Procedure 1 908.
5. (2) No application, appeal or reference under this Act shall be received by a Civil Court having jurisdiction until the fee, if any under clause (a) of sub- section (1) has been paid, Provided that the Civil Court may, in any case in which it thinks fit so to do — i. receive such application, appeal or reference or ii.

1. (1) Any owner of any land or building may, if he is prevented by the occupier thereof from complying with any provision of the Act or the rules or Application to Civil the regulations made thereunder or any requirement under any such provision Court by owner when in respect of such land or building shall apply to the Civil Court having occupier prevents him jurisdiction within the time fixed for compliance with such provision or from complying with requirement and thereupon, such owner shall not be liable for his failure to the Act etc. comply with such provision or requirement within the time fixed for such compliance. (2) On receipt of any application under sub-section (1) the Civil Court may make an order in writing requiring the occupier of the land or the building as the case maybe to afford all reasonable facilities to the owner for complying with the provisions or the requirement as aforesaid and may also, if it thinks fit, direct that the costs of such application and order shall be paid by the occupier. (3) The occupier shall within eight days from the date of any order under sub- section (2) afford all reasonable facilities to the owner in compliance with such order, in the event of any continued refusal by the occupier to do so, the owner shall be discharged during the continuance of such refusal from any liability which he would otherwise have incurred by reason of his failure to comply with the provision or the requirement as aforesaid.

occupier thereof from complying with any provision of the Act or the rules or Application to Civil the regulations made thereunder or any requirement under any such provision Court by owner when in respect of such land or building shall apply to the Civil Court having occupier prevents him jurisdiction within the time fixed for compliance with such provision or from complying with requirement and thereupon, such owner shall not be liable for his failure to the Act etc. comply with such provision or requirement within the time fixed for such compliance.

1. (2) On receipt of any application under sub-section (1) the Civil Court may make an order in writing requiring the occupier of the land or the building as the case maybe to afford all reasonable facilities to the owner for complying with the provisions or the requirement as aforesaid and may also, if it thinks fit, direct that the costs of such application and order shall be paid by the occupier.
2. (3) The occupier shall within eight days from the date of any order under sub- section (2) afford all reasonable facilities to the owner in compliance with such order, in the event of any continued refusal by the occupier to do so, the owner shall be discharged during the continuance of such refusal from any liability which he would otherwise have incurred by reason of his failure to comply with the provision or the requirement as aforesaid.

made to a Civil Court having jurisdiction, such Civil Court may for the purpose Proceedings in of any inquiry or proceeding in connection with such application, appeal or Civil Court. reference summon and enforce the attendance of witness and compel them to give evidence or compel the production of documents by the same means and as far as possible in the same manner as is provided in the Code of Civil Procedure 1908 and in all matters relating to any such enquiry or proceedings the court shall be guided generally by the provisions of the Code of Civil

Procedure, 1908 (5 of 1908) so far as such provisions are applicable to such inquiry or proceeding.

1. (2) If in any such enquiry or proceeding any person summoned to appear before the Court fails to do so the court may proceed with such inquiry or proceeding in his absence.
2. (3) The cost of every such inquiry or proceeding shall be payable by such person or persons and in such proportions or proportions as the Court may direct and the amount of such cost shall be recoverable as if the same were due under a decree of the court.

Fees in proceedings

1. (a) for making under this Act any application, appeal or reference to a Civil before Civil Court. Court having jurisdiction or
2. (b) for issue of any summons or other process in inquiry or proceeding in connection with such application, appeal or reference, Provided that the fee, if any under clause (a) shall not in the case where the value of any claim is capable of being estimated in money, exceed the fee liveable in a similar case under the Code of Civil Procedure 1 908.

1. (2) No application, appeal or reference under this Act shall be received by a Civil Court having jurisdiction until the fee, if any under clause (a) of sub- section (1) has been paid, Provided that the Civil Court may, in any case in which it thinks fit so to do — i. receive such application, appeal or reference or ii. Issue summons or other process, without payment of such fee.

Whenever under this Act any application, appeal or reference to a Civil Court having jurisdiction is settled by agreement between the parties Repayment of half of concerned before hearing of such application, appeal or reference half the fees on settlement amount of any fee paid by any such parties under sub-section (2) of section before hearing. 423 shall be repaid by the Civil Court to such party. M. Municipal Magistrate and proceedings before Municipal Magistrates 425. (1) The State Government may, in consultation with the High Court of the State appoint one or more Judicial Magistrate of the First Class for the trial of Municipal Magistrate. offence against —

1. (a) this Act, and,
2. (b) The rules and the regulations made thereunder, and may prescribe the time within which and the place at which such Judicial Magistrate or Judicial Magistrates shall sit for such trial of offences.

1. (2) Every such Judicial Magistrate shall exercise all other powers and discharge all the other functions of a Magistrate as provided in this Act.
2. (3) Every such Judicial Magistrate appointed under sub-section (1) shall be called Municipal Magistrate.
3. (4) A Municipal Magistrate shall be paid by the State Government such salary pension, leave and other allowances as it may from time to time determine.
4. (5) The Municipality shall pay to the Municipal Magistrate out of the Municipal Fund and amount paid by the State Government on account of salary, pension, leave and other allowances of a Municipal Magistrate together with the cost of establishment of such Municipal Magistrate and all other incidental charge in such connection with such establishment.
5. (6) Each Municipal Magistrate shall have jurisdiction over such municipal area or areas as may be specified by the State Government by notification.
6. (7) The procedure in the court of a Municipal Magistrate shall except where otherwise specifically provided in this Act be in accordance with the provisions of the Code of Criminal Procedure ,1973 (2 of 1973).

State appoint one or more Judicial Magistrate of the First Class for the trial of Municipal Magistrate. offence against —

1. (a) this Act, and,
2. (b) The rules and the regulations made thereunder, and may prescribe the time within which and the place at which such Judicial Magistrate or Judicial Magistrates shall sit for such trial of offences.

1. (2) Every such Judicial Magistrate shall exercise all other powers and discharge all the other functions of a Magistrate as provided in this Act.
2. (3) Every such Judicial Magistrate appointed under sub-section (1) shall be called Municipal Magistrate.
3. (4) A Municipal Magistrate shall be paid by the State Government such salary pension, leave and other allowances as it may from time to time determine.
4. (5) The Municipality shall pay to the Municipal Magistrate out of the Municipal Fund and amount paid by the State Government on account of salary, pension, leave and other allowances of a Municipal Magistrate together with the cost of establishment of such Municipal Magistrate and all other incidental charge in such connection with such establishment.
5. (6) Each Municipal Magistrate shall have jurisdiction over such municipal area or areas as may be specified by the State Government by notification.
6. (7) The procedure in the court of a Municipal Magistrate shall except where otherwise specifically provided in this Act be in accordance with the provisions of the Code of Criminal Procedure ,1973 (2 of 1973).

section 397 and section 462 shall be cognizable within the meaning of the cognizable.

If, in any case any person who is summoned to appear before the Power of Municipal Municipal Magistrate to answer any charge of an offence under this Act or the Magistrate to hear rules or the regulations made thereunder, fails to appear on the date and at the cases in absence of time and the place mentioned in the summons issued in this behalf or on any accused summoned to subsequent date to which the hearing of such case is adjourned, the Municipal appear. Magistrate may if-

1. (a) Service of the summons is to his satisfaction, proved to have been effected and,
2. (b) No sufficient cause is shown for non-appearance of such person.

No person shall be liable to any punishment for an offence under this Act Limitation of time for or the rules or the regulations made thereunder unless a complain of such prosecution. offence is made before a Municipal Magistrate within six months next after-

1. (a) the date of commission of such offence or,
2. (b) The date on which the commission or the continuance of such offence is first brought to the notice of the Municipality or the Chief Municipal

1. (1) The Chief Municipal Executive Officer/ Municipal Executive Officer or Complaint regarding any other officer of the Municipality authorized by him in this behalf in writing or nuisance and removal any person who resides or owns property in the municipal area, may complain thereof. of the existence of any nuisance to a Municipal Magistrate.
2. (2) Upon receipt of any such complaint, the Municipal Magistrate after making such inquiry as he considers necessary may if he thinks fit by an order in writing —
   • (a) direct the person responsible for such nuisance or the owner of the land or the building on which such nuisance exists to take within such period as may be specified in the order such measures for abating, preventing removing or remedying such nuisance as may appears to the Municipal Magistrate to be practicable and reasonable and may direct the Chief Municipal Executive Officer/ Municipal Executive Officer to enforce any of the provisions of this Act or the rules or the regulations made thereunder for prevention of such nuisance and
   • (b) further direct the person held responsible for the nuisance to pay to the complainant such reasonable cost of the complaint (including compensation for loss of time in prosecution such complaint) as the Municipal Magistrate may determine: Provided that where in the opinion of the Municipal Magistrate, immediate action to prevent the nuisance is necessary he may dispense with the inquiry and make forthwith such order as he may consider necessary.
3. (3) If any person responsible for any nuisance or any owner of any land or building on which any nuisance exists fails to comply with any order under sub- section (2) within the period specified in the order, the Chief Municipal Executive Officer/ Municipal Executive Officer may on the expiry of such period proceed to take necessary action in accordance with the order or may take such other measures to abate, prevent, remove or remedy the nuisance as he may consider necessary and the cost of any such action shall be recovered from such person or such owner as the case may be. 430. (1) If under this Act or the rules or the regulations made thereunder any Power of Municipal person is in respect of any unlawful work is liable — Magistrate to direct payment of fine and
   • (a) to pay any fine and also demolition of unlawful
   • (b) to demolish such work, works. The Municipal Magistrate having jurisdiction may in his discretion, direct such person today the fine and also to demolish the work.
4. (2) All sums realized on account of fine under this section shall be credited to the Municipal Fund. N. Legal Proceedings

person is in respect of any unlawful work is liable — Magistrate to direct payment of fine and

1. (a) to pay any fine and also demolition of unlawful
2. (b) to demolish such work, works. The Municipal Magistrate having jurisdiction may in his discretion, direct such person today the fine and also to demolish the work.

1. (2) All sums realized on account of fine under this section shall be credited to the Municipal Fund. N. Legal Proceedings

legal proceedings and

1. (a) take or withdraw from proceeding against any person who is charge with — to obtain legal advices. i. any offence under this Act or any rules or regulations made thereunder or ii. any offence which affects or is likely to affect any properly or interest of the Municipality or the due administration of this Act or ii. Committing any nuisance whatsoever or
2. (b) contest or compromise any appeal against assessment of any tax or rate or,
3. (c) take or withdraw from or compromise any proceeding under this Act for the recovery of expenses or compensation claimed to be due to the Municipality or
4. (d) withdraw or compromise any claim for a sum not exceeding one thousand rupees against any person or,
5. (e) defend any suit or other legal proceeding brought against the Municipality or against any municipal authority or any officer or other employee of the Municipality in respect of anything done or omitted to be done by the Municipality or such municipal authority or officer or other employee under this Act or the rules or the regulations made thereunder in the official capacity or
6. (f) compromise with the approval of the Empowered Standing Committee or where there is no Empowered Standing Committee with the approval of the Municipality any claim suit or other legal proceeding brought against the Municipality or any municipal authority or any officer or other employee of the Municipality in respect of anything done or omitted to be done under any of the foregoing clauses of this section or,

1. (9) withdraw from or compromise any claim against any person in respect of a penalty payable under any contract entered into with such person by the Chief Municipal Executive Officer/ Municipal Executive Officer on behalf of the Municipality or,
   • (h) institute or prosecute any suit or other legal proceeding or with the approval of the Empowered Standing Committee or where there is no Empowered Standing Committee with the approval of the Municipality withdraw from or compromise any suit or claim other than a claim referred to in clause (d) instituted or made as the case may be in the name of the Municipality or the Chief Municipal Executive Officer/Municipal Executive Officer or,
     • (i) obtain for any of the purpose mentioned in the foregoing provisions of this section or for securing lawful exercise or discharge of any power or duty vesting in or imposed upon, any municipal authority or any officer or other employee or the Municipality such legal advise and assistance as he may from time to time consider necessary or expedient or as he may be required by the Municipality or the Empowered Standing Committee to obtain. 432. (1) No suit shall be instituted in any court having jurisdiction against any Notice Limitations and municipal authority or any officer or other employee of the Municipality or any tender of amends in person acting under the direction of any municipal authority or any officer or suits against other employee of the Municipality in respect of anything done, or purported to Municipality etc. be done under this Act or the rules or the regulations made thereunder until the expiration of one month next after a notice in writing has been delivered or left at the office of such authority or at the office or the residence of such officer or other employee or person stating —
   • (a) the cause of action,
   • (b) the name and residence of the intending plaintiff and
   • (c) the relief which such plaintiff claims,
2. (2) Every such suit shall be commenced within four months next after accrual of the cause of action and the plaint therein shall contain a statement that a notice has been delivered or left as required under sub-section (1).
3. (3) If the municipal authority at the office of which or the officer or the other employee of the Municipality or the person acting under the direction of any municipal authority or any officer or other employee of the Municipality at the office or the residence of whom, a notice has been delivered or left under sub- section (1), satisfies the court having jurisdiction that the relief claimed was tendered to the plaintiff before the institution of the suit, the suit shall be dismissed.
4. (4) Nothing in the foregoing provisions of this section shall apply to any suit instituted under section 38of the Specific Relief Act, 1963 47 of 1963).

1. (1) No suit shall be instituted in any court having jurisdiction against any Notice Limitations and municipal authority or any officer or other employee of the Municipality or any tender of amends in person acting under the direction of any municipal authority or any officer or suits against other employee of the Municipality in respect of anything done, or purported to Municipality etc. be done under this Act or the rules or the regulations made thereunder until the expiration of one month next after a notice in writing has been delivered or left at the office of such authority or at the office or the residence of such officer or other employee or person stating — (a) the cause of action, (b) the name and residence of the intending plaintiff and (c) the relief which such plaintiff claims, (2) Every such suit shall be commenced within four months next after accrual of the cause of action and the plaint therein shall contain a statement that a notice has been delivered or left as required under sub-section (1). (3) If the municipal authority at the office of which or the officer or the other employee of the Municipality or the person acting under the direction of any municipal authority or any officer or other employee of the Municipality at the office or the residence of whom, a notice has been delivered or left under sub- section (1), satisfies the court having jurisdiction that the relief claimed was tendered to the plaintiff before the institution of the suit, the suit shall be dismissed. (4) Nothing in the foregoing provisions of this section shall apply to any suit instituted under section 38of the Specific Relief Act, 1963 47 of 1963).

municipal authority or any officer or other employee of the Municipality or any tender of amends in person acting under the direction of any municipal authority or any officer or suits against other employee of the Municipality in respect of anything done, or purported to Municipality etc. be done under this Act or the rules or the regulations made thereunder until the expiration of one month next after a notice in writing has been delivered or left

at the office of such authority or at the office or the residence of such officer or other employee or person stating —

1. (a) the cause of action,
2. (b) the name and residence of the intending plaintiff and
3. (c) the relief which such plaintiff claims,

1. (2) Every such suit shall be commenced within four months next after accrual of the cause of action and the plaint therein shall contain a statement that a notice has been delivered or left as required under sub-section (1).
2. (3) If the municipal authority at the office of which or the officer or the other employee of the Municipality or the person acting under the direction of any municipal authority or any officer or other employee of the Municipality at the office or the residence of whom, a notice has been delivered or left under sub- section (1), satisfies the court having jurisdiction that the relief claimed was tendered to the plaintiff before the institution of the suit, the suit shall be dismissed.
3. (4) Nothing in the foregoing provisions of this section shall apply to any suit instituted under section 38of the Specific Relief Act, 1963 47 of 1963).

officer or other employee of the Municipality or any person acting under the direction of any municipal authority or any officer or other employee of the Municipality or a Magistrate in respect of anything done lawfully and in good faith with due care and attention under this Act or the rules or the regulations made thereunder.

O. Power and duties of Police Officer

1. (1) Every Police- Officer-in-Charge of a police station within the jurisdiction of the Municipality and every officer and every other employee, subordinate to him, if any (hereinafter referred to in this section as the designated authority ) shall —
   • (a) co-operate with the Municipality for carrying into effect and enforcing the provisions of this Act and for maintaining good order in and outside the municipal area and,
   • (b) Assist the Municipality or the Municipal Executive Officer or any other officer or other employee of the Municipality in carrying out any order made by a Magistrate under this Act.
2. (2) It shall be the duty of every police officer- i. to communicate without delay to the Chief Municipal Executive Officer/ Municipal Executive Officer or any other officer of the Municipality any information which he received in respect of any design to commit or any commission of any offence under this Act or the rules or the regulations made thereunder and, ii. to assist the Chief Municipal Executive Officer/ Municipal Executive Officer or any other officer or other employee of the Municipality requiring his aid for the lawful exercise of any power vesting in the Municipality or the Chief Municipal Executive Officer/ Municipal Executive Officer or such other officer or other employee under this Act or the rules or the regulations made hereunder.
3. (3) Any officer or other employee of the Municipality may when empowered by a general or special order of the designated authority, if any on the recommendation of the Municipality in that behalf, exercise the powers of a police for such of the purposes of this Act as may be specified in such general or special order.
4. (4) The District Magistrate, the Sub-Divisional Magistrate and the officer under them and the other employee subordinate to them shall cooperate with the municipal authorities in the performance of their duties under this Act. 435. (1) Any police officer may arrest any person who commits in his view, any Power of Police to offence under this Act or the rules or the regulations made thereunder provided arrest offenders. that such person declines to give on demand his name and address or gives a name or address which the police officer has reason to believe to be false.
5. (2) No person so arrested shall be detained in custody after his correct name and address are ascertained or without the order of a Municipal Magistrate for a period longer than twenty four hours from the time of arrests, exclusive of the period necessary for the journey from the place of arrest to the court of such Municipal Magistrate.
6. (3) On an application in writing of the Chief Municipal Executive Officer/ Municipal Executive Officer or any other officer authorised by him in this behalf, any police officer above the rank of a constable shall arrest any person who obstructs the Chief Municipal Executive Officer/ Municipal Executive Officer or any other officer or other employee of the Municipality in the exercise of any power or performance of any function or discharge of any duty under this Act or the rules or the regulations made thereunder.
7. (4) On an application in writing of the Chief Municipal Executive Officer/ Municipal Executive Officer or any other officer, not below the rank of an officer authorized in this behalf by the Chief Municipal Executive Officer/ Municipal Executive Officer under sub-section (3)! any police officer above the rank of a constable shall arrest any person who in violation of the order referred to in sub-section (1) of section 350 commences the erection of a building or execution of any work referred to in that sub-section or carries on such erection or such execution. P. General provisions

1. (1) Any police officer may arrest any person who commits in his view, any Power of Police to offence under this Act or the rules or the regulations made thereunder provided arrest offenders. that such person declines to give on demand his name and address or gives a name or address which the police officer has reason to believe to be false. (2) No person so arrested shall be detained in custody after his correct name and address are ascertained or without the order of a Municipal Magistrate for a period longer than twenty four hours from the time of arrests, exclusive of the period necessary for the journey from the place of arrest to the court of such Municipal Magistrate. (3) On an application in writing of the Chief Municipal Executive Officer/ Municipal Executive Officer or any other officer authorised by him in this behalf, any police officer above the rank of a constable shall arrest any person who obstructs the Chief Municipal Executive Officer/ Municipal Executive Officer or any other officer or other employee of the Municipality in the exercise of any power or performance of any function or discharge of any duty under this Act or the rules or the regulations made thereunder. (4) On an application in writing of the Chief Municipal Executive Officer/ Municipal Executive Officer or any other officer, not below the rank of an officer authorized in this behalf by the Chief Municipal Executive Officer/ Municipal Executive Officer under sub-section (3)! any police officer above the rank of a constable shall arrest any person who in violation of the order referred to in sub-section (1) of section 350 commences the erection of a building or execution of any work referred to in that sub-section or carries on such erection or such execution. P. General provisions

offence under this Act or the rules or the regulations made thereunder provided arrest offenders. that such person declines to give on demand his name and address or gives a name or address which the police officer has reason to believe to be false.

1. (2) No person so arrested shall be detained in custody after his correct name and address are ascertained or without the order of a Municipal Magistrate for a period longer than twenty four hours from the time of arrests, exclusive of the period necessary for the journey from the place of arrest to the court of such Municipal Magistrate.
2. (3) On an application in writing of the Chief Municipal Executive Officer/ Municipal Executive Officer or any other officer authorised by him in this behalf, any police officer above the rank of a constable shall arrest any person who obstructs the Chief Municipal Executive Officer/ Municipal Executive Officer or any other officer or other employee of the Municipality in the exercise of any power or performance of any function or discharge of any duty under this Act or the rules or the regulations made thereunder.
3. (4) On an application in writing of the Chief Municipal Executive Officer/ Municipal Executive Officer or any other officer, not below the rank of an officer authorized in this behalf by the Chief Municipal Executive Officer/ Municipal Executive Officer under sub-section (3)! any police officer above the rank of a constable shall arrest any person who in violation of the order referred to in sub-section (1) of section 350 commences the erection of a building or execution of any work referred to in that sub-section or carries on such erection or such execution. P. General provisions

document issued under this Act shall be invalid merely by reason of defect other documents. form. Admissibility of

any entry in a register in the possession of any municipal authority shall if duly evidence. certified by the legal keeper thereof or other person authorized by the Chief Municipal Executive Officer/Municipal Executive Officer in this behalf be admissible in evidence of the existence of the document or entry and shall be admitted as evidence of the matters and transaction therein recorded in every case where and to the same extent to which the original document or entry would if produced have been admissible to prove such matters and transactions.

proceeding to which the Municipality is not a party be required to produce any employee of register or document the contents of which can be proved under section 422 Municipality. by a certified copy or to appear as a witness to prove any matter or transaction recorded therein, save by an order made by a court having jurisdiction.

Prohibitions against

1. (a) any municipal authority or the Chief Councillor or the Deputy Chief obstruction of Chief Councillor or a Councillor or the Chief Municipal Executive Officer/ Councillor or any Municipal Executive Officer or any employee of the Municipality or any municipal authority etc. person employed by the Municipality or,
2. (b) any person authorised or empowered by or under this Act or with whom the Municipality or any of the municipal authorities has lawfully entered into a contract, in the performances of his or its duty or in the execution of his or its work or anything which he or it is empowered or required to do by virtue or inconsequence of any provision of this Act or the rules or the regulation made thereunder or in the fulfilment of the contract as the case may be.

level or direction incidental to the execution of any work authorised by this Act removal of mark.

or the rules or the regulations made thereunder.

obliterate any notice exhibited by or under the order of the Municipality or any removal or obliteration municipal authority or any officer or other employee of the Municipality of notice. specified by the Chief Municipal Executive Officer/ Municipal Executive Officer in this behalf.

other material from or deposit any matter in or make any encroachment on any unauthorized dealing land vested in the Municipality or in any way obstruct such land. with public places or materials. 443. (1) Every person shall be liable for the loss, waste or misapplication of any money or other property owned by and vested in the Municipality if such Liability for loss, waste loss, waste or misapplication is a direct consequence of his neglect or or misapplication of misconduct in the performance of his duty and he may after being given money or property of opportunity by a notice served in the manner provided for the service of Municipality. summons in the Code of Civil Procedure 1908 (5 of 1908) to show caused by a representation in writing or oral, why he should not be required to make good the loss by order be surcharged with the value of such property or the amount of such money by the Director of Local Bodies and if the amount is not paid within one month of the expiry of the period of appeal specified in sub-section

1. (2) it shall be recoverable as an arrear of tax liveable under this Act.
2. (2) The person against whom an order under subsection (1) is made may within thirty days of the date of communications of the order, appeal to the State Government and the State Government may confirm, modify or disallow the surcharge : Provided that no person shall under this section be called upon to show cause after the expiry of a period of four years or in the case of a Councillor after period of one year from the occurrence of such loss or waste or misapplication. Councillors and

1. (1) Every person shall be liable for the loss, waste or misapplication of any money or other property owned by and vested in the Municipality if such Liability for loss, waste loss, waste or misapplication is a direct consequence of his neglect or or misapplication of misconduct in the performance of his duty and he may after being given money or property of opportunity by a notice served in the manner provided for the service of Municipality. summons in the Code of Civil Procedure 1908 (5 of 1908) to show caused by a representation in writing or oral, why he should not be required to make good the loss by order be surcharged with the value of such property or the amount of such money by the Director of Local Bodies and if the amount is not paid within one month of the expiry of the period of appeal specified in sub-section (2) it shall be recoverable as an arrear of tax liveable under this Act. (2) The person against whom an order under subsection (1) is made may within thirty days of the date of communications of the order, appeal to the State Government and the State Government may confirm, modify or disallow the surcharge : Provided that no person shall under this section be called upon to show cause after the expiry of a period of four years or in the case of a Councillor after period of one year from the occurrence of such loss or waste or misapplication. Councillors and

any money or other property owned by and vested in the Municipality if such Liability for loss, waste loss, waste or misapplication is a direct consequence of his neglect or or misapplication of misconduct in the performance of his duty and he may after being given money or property of opportunity by a notice served in the manner provided for the service of Municipality. summons in the Code of Civil Procedure 1908 (5 of 1908) to show caused by a representation in writing or oral, why he should not be required to make good the loss by order be surcharged with the value of such property or the amount of such money by the Director of Local Bodies and if the amount is not paid within one month of the expiry of the period of appeal specified in sub-section

1. (2) it shall be recoverable as an arrear of tax liveable under this Act.
2. (2) The person against whom an order under subsection (1) is made may within thirty days of the date of communications of the order, appeal to the State Government and the State Government may confirm, modify or disallow the surcharge : Provided that no person shall under this section be called upon to show cause after the expiry of a period of four years or in the case of a Councillor after period of one year from the occurrence of such loss or waste or misapplication. Councillors and

Executive Officer and every other officer or other employee of the Municipality employees of shall be deemed to be public servants within the meaning of section 21 of the Municipality to be Indian Penal Code (45 of 1860). public servants.

Act shall be construed to authorise the Municipality or any municipal authority disregarded. or any officer or other employee of the Municipality to disregard any law for the time being in force. Chapter-XLIII

1. (1) The State Government may by notification and subject to the condition of previous publications make rules for carrying out the purposes of this Act. Power to make rules.
2. (2) Any rules made under this Act may, provide that any contravention thereof shall be punishable with fine which may extend to five thousand rupees.
3. (3) Every rule made under this Act shall be laid as soon as may be after it is made before the State Legislature while it is in session for a total period often days which may be comprised in one session or in two or more successive sessions and if before the expiry of the session in which it is so laid or the successive sessions aforesaid the State Legislature agrees in making any modification in the rules or the State Legislature agrees that the rules should not be made the rule shall thereafter have effect only in such modified form or be of no effect as the case may be so however that such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under the rule. Power to amend

Schedule to this Act.

with the provisions of this Act or the rules made thereunder for the purpose of regulations. giving effect to the provisions of this Act.

to the condition of the regulations being made after previous publication and to Conditions precedent the following further conditions namely : to making of regulations.

1. (a) Such draft of regulations shall not be further proceeded with until a period of one month has expired from the date of such publications.
2. (b) for not less than one month during such period, a printed copy of such draft shall be kept in the office of the Municipality for public inspection and any person shall be permitted at any reasonable time to peruse such draft free of charge and,
3. (c) Printed copies of such draft shall be obtainable by any person requiring such draft on payment of such fee as may be fixed by the Empowered

1. (1) No regulation made by the Municipality under this Act shall have any Regulations to be effect until it has been approved by the State Government and published in the subject to approval of Official Gazette. State Government.
2. (2) Before approving any regulations, the State Government may make such changes therein as may appear to it to be necessary. 451. (1) If the State Government is at any time of the opinion that any Power of State regulations should be cancelled or modified, either wholly or in part, it shall Government to cancel cause the reasons for such opinion to be communicated to the Municipality or modify regulation. and shall specify a reasonable period within which the Municipality may make such representation with regard thereto as it may think fit.
3. (2) After receipt and consideration of any such representation or if in the meantime no such representation is received after the expiry of the period as aforesaid, the State Government may at any time by notification cancel or modify, such regulations either wholly or in part.
4. (3) The cancellation or modification of any regulation under sub-section (2) shall take effect from such date as the State Government may specify in the notification under that sub-section or if no such date is specified, from the date of publication of such notification : Provided that such cancellation or modification shall not affect anything done or suffered or omitted to be done under such regulation before such date.
5. (4) Any modification under sub-section (2) shall also be published in local newspapers.

regulations should be cancelled or modified, either wholly or in part, it shall Government to cancel cause the reasons for such opinion to be communicated to the Municipality or modify regulation. and shall specify a reasonable period within which the Municipality may make such representation with regard thereto as it may think fit.

1. (2) After receipt and consideration of any such representation or if in the meantime no such representation is received after the expiry of the period as aforesaid, the State Government may at any time by notification cancel or modify, such regulations either wholly or in part.
2. (3) The cancellation or modification of any regulation under sub-section (2) shall take effect from such date as the State Government may specify in the notification under that sub-section or if no such date is specified, from the date of publication of such notification : Provided that such cancellation or modification shall not affect anything done or suffered or omitted to be done under such regulation before such date.
3. (4) Any modification under sub-section (2) shall also be published in local newspapers.

may be made by the State Government within one year from the date of provisions respecting commencement of this Act and any regulations so made may be altered or regulations. rescinded by the Municipality with the approval of the State Government. 453. (1) Any regulations made under this Act may provide that a contravention Penalty for breach of thereof shall be punishable — regulation.

1. (a) with fine which may extend to two thousand and five hundred rupees or,
2. (b) with fine which may extend to two thousand and five hundred rupees and in the case of a continuing contravention with an additional fine which may extend to two hundred and fifty rupees for every day during which such contravention continues after conviction for the first of such contravention or,
3. (c) with fine which may extend to two hundred and fifty rupees for every day during which the contravention continues after the receipt by the person contravening the regulation of a notice requiring such person to discontinue such contravention from the Chief Municipal Executive Officer/ Municipal Executive Officer or any other officer of the Municipality, duly authorized in that behalf.

1. (2) Any such regulation may also provide that a person contravening those regulations shall be required to remedy so far as lies in his power the mischief if any caused by such contravention. 454. (1) A copy of all rules and regulations made under this Act shall be kept at Rules and regulations the office of the Municipality and shall during office hours be open free of to be available for charge to inspection by any inhabitant of the municipal. inspection and purchase.
2. (2) Copies of such rules and regulations shall also be kept at the office of the

1. (1) Any regulations made under this Act may provide that a contravention Penalty for breach of thereof shall be punishable — regulation. (a) with fine which may extend to two thousand and five hundred rupees or, (b) with fine which may extend to two thousand and five hundred rupees and in the case of a continuing contravention with an additional fine which may extend to two hundred and fifty rupees for every day during which such contravention continues after conviction for the first of such contravention or, (c) with fine which may extend to two hundred and fifty rupees for every day during which the contravention continues after the receipt by the person contravening the regulation of a notice requiring such person to discontinue such contravention from the Chief Municipal Executive Officer/ Municipal Executive Officer or any other officer of the Municipality, duly authorized in that behalf. (2) Any such regulation may also provide that a person contravening those regulations shall be required to remedy so far as lies in his power the mischief if any caused by such contravention.

thereof shall be punishable — regulation.

1. (a) with fine which may extend to two thousand and five hundred rupees or,
2. (b) with fine which may extend to two thousand and five hundred rupees and in the case of a continuing contravention with an additional fine which may extend to two hundred and fifty rupees for every day during which such contravention continues after conviction for the first of such contravention or,
3. (c) with fine which may extend to two hundred and fifty rupees for every day during which the contravention continues after the receipt by the person contravening the regulation of a notice requiring such person to discontinue such contravention from the Chief Municipal Executive Officer/ Municipal Executive Officer or any other officer of the Municipality, duly authorized in that behalf.

1. (2) Any such regulation may also provide that a person contravening those regulations shall be required to remedy so far as lies in his power the mischief if any caused by such contravention.

the office of the Municipality and shall during office hours be open free of to be available for charge to inspection by any inhabitant of the municipal. inspection and purchase.

1. (2) Copies of such rules and regulations shall also be kept at the office of the Municipality and shall be sold to the public at such price as the Empowered Standing Committee may determine.

If any doubt arises as to the municipal authority to which any particular Doubts as to powers, power, duties or function appertains the Chief Councillor shall refer the matter duties or functions of to the State Government and the decision of the State Government thereon Municipal authorities. shall be final.

Whoever-

1. (a) contravenes any provisions of any of the sections, sub-section, clauses, provisos or any other provision of this Act or,
2. (b) Fails to comply with any order lawfully given to him or any requisition, lawfully made upon him under any of the said section, sub-sections, clauses, provisos or other provisions. Shall be punishable — i. with fine which may extend to such amount or with imprisonment which may extend to such period, as the State Government may by rules, provide and, ii. in the case of continuing contravention or failure with an additional fine which may extend to such amount as the State Government maybe rules provide for every day during which such contravention or failure continues after conviction for the first such contravention or failure: Provided that in the case of a Class 'A’ Municipal Council or a Class 'B' Municipal Council or a Class 'C' Municipal Council or Nagar Panchayat, the amount to which the fine may extend for various offences shall be such as the State Government may by rules, provide and in the case of continuing contravention or failure the daily additional fine may extend to one tenth of the maximum amount of fine provided for such class of municipalities in such rules.

interest in any contract made with or any work done for the Municipality except acquiring share or as a shareholder (other than a Director) in an incorporated company or as a interest etc. with member of a co-operative society shall be deemed to have committed the Municipality. offence punishable under section 168 of the Indian Penal Code.

to in chapter XVII without paying any tax under that chapter, he shall be under chapter XVII. punished with fine which —

1. (a) may extend to an amount equal to five times the amount payable as such tax and
2. (b) Shall not ordinarily be less than an amount equal to two times of such tax.

any purpose other than that for which a licence has been granted under sub- building to any use section (I) of section 369 or as a stable or cattle-shed or cow house, then such other than that for person shall without prejudice to any other penalty to which he may be which a licence has subjected, be liable to a fine which may extend in the case of a masonry been granted.

building to two hundred and fifty rupees and in the case of a hut to twenty five rupees and in the case if continuance of such use to a further fine which may extend in the case of a masonry building to fifty rupees and in the case of a hut to five rupees for each day during which such use continues after the first day.

entered into a contract for execution of any work under this Act shall on contractor. convictions be punished with imprisonment for a term which may extend to two months or with fine which may extend to two hundred rupees.

Municipality. Any person causing any damage to any property belonging to the damage to property Municipality shall on conviction be punished with fine which may extend to one belong to Municipality. thousand rupees.

property such as a street or footpath or park without specific permission of an streets. officer of the Municipality duly authorised to grant such permission. Any person causing such encroachment or obstruction on any municipal property as aforesaid shall on conviction be punishable with fine which may extend to one thousand rupees.

with imprisonment or fine or with both and a person is sentenced by a Court imprisonment in having jurisdiction to pay a fine it shall be competent for such Court to direct default of payment of that in default of payment of fine, he shall suffer imprisonment for such term or fine. as the case may be such further term, not exceeding six months as the Court may fix.

Act fails to comply with any notice or order or requisition issued under any provision thereof or otherwise contravenes any of the provisions of this Act shall be punishable with fine which may extend to one thousand rupees and in the case of a continuing failure or contravention with an additional fine which may extend to one hundred rupees for every day after the first during which he has persisted in such failure or contravention. 465. (1) Where an offence under this Act has been committed by a company Offences by every person who at the time the offence was committed was in charge of and companies. was responsible to the company for the conduct of the business of the company as well as the company shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly : Provided that nothing contained in this subsection shall render any such person liable to any punishment provided in this Act if he proves that the offence was committed without his knowledge or that he exercise all due diligence to prevent the commission of such offence.

1. (2) Notwithstanding anything contained in subsection (1) where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company such director, manager, secretary or other officer shall also be liable to be proceeded against and punished accordingly — Explanation :- For the purpose of this section —
   • (a) "company means body corporate and includes a firm or other association of individuals and
   • (b) "Director" in relation to a firm, means a partnering the firm.

1. (1) Where an offence under this Act has been committed by a company Offences by every person who at the time the offence was committed was in charge of and companies. was responsible to the company for the conduct of the business of the company as well as the company shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly : Provided that nothing contained in this subsection shall render any such person liable to any punishment provided in this Act if he proves that the offence was committed without his knowledge or that he exercise all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in subsection (1) where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company such director, manager, secretary or other officer shall also be liable to be proceeded against and punished accordingly — Explanation :- For the purpose of this section — (a) "company means body corporate and includes a firm or other association of individuals and (b) "Director" in relation to a firm, means a partnering the firm.

every person who at the time the offence was committed was in charge of and companies. was responsible to the company for the conduct of the business of the company as well as the company shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly : Provided that nothing contained in this subsection shall render any such person liable to any punishment provided in this Act if he proves that the offence was committed without his knowledge or that he exercise all due diligence to prevent the commission of such offence.

1. (2) Notwithstanding anything contained in subsection (1) where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company such director, manager, secretary or other officer shall also be liable to be proceeded against and punished accordingly — Explanation :- For the purpose of this section —
   • (a) "company means body corporate and includes a firm or other association of individuals and
   • (b) "Director" in relation to a firm, means a partnering the firm.

of any offence punishable by or under this Act except on the complaint of or upon information received from the Chief Municipal Executive Officer/

1. (1) The Chief Municipal Executive Officer/Municipal Executive Officer or if Compounding of so authorised by the Municipality in this behalf by a general or special order offences. the Municipal Health Officer, the Municipal Engineer or any other officer of the Municipality may either before or after the institutions of the proceeding and on payment of such fee as may be specified by regulations, compound any offence as may be classified as compoundable by the State Government by rules.
2. (2) Notwithstanding anything contained in subsection (1) no offence punishable by or under this Act or by any rule or regulations made thereunder shall be compoundable if such offence is committed due to the failure to comply with any notice, order or requisition as the case may, be issued by or on behalf of any of the municipal authorities referred to in section 20, unless and until such notice, order or requisition as the case maybe has been complied with in so far as such compliance is possible.
3. (3) Where an offence has been compounded, the offender if in custody shall be discharge and no further proceeding shall be taken against him in respect of the offence so compounded. Chapter- XLV Supplemental Provisions A. Extension of Act to other area and inclusion or

Notwithstanding anything contained in any other law for the time being in Powers of State force, the State Government may by notification and in such other manner as it A on bo red may determine, declare its intention to extend, subject to such modification and o her 0 exten C! restriction, if any as may be specified in the notification, all or any of the © other areas. provisions of this Act to any other area.

B. Miscellaneous and Transitory Provisions

the contrary contained elsewhere in this Act. chapter 1o override other provisions.

Government may as occasion may require by order do or cause to be done emoval ot ditficulties. anything which may be necessary for removing the difficulties :

With effect from the date of coming into force of this Act the other relevant R | and . laws/Acts which has taken in the domain of Municipality shall stand repealed. epeal and savings. 472. (1) Notwithstanding anything to the contrary contained elsewhere in this T it a. Act, the State Government may appoint a person to be called the Administrator ransitory provisions. to exercise all the powers and discharge all the functions of the municipal authorities mentioned in section 20 for the period from the date of coming into force of this Act till the first meeting of the Municipality at which a quorum is present.

1. (2) The Administrator appointed under sub-section (1) may constitute such Committees and for such period as he may deem fit.
2. (3) Each such Committee shall consist of not more than twenty five people appointed on such terms and conditions as he Administrator may deem fit and shall advise the Administrator in the discharge of his functions under this Act.