Chapter VIII Chapter VIII

Direction and control 67. The State Government may, at any time, require any Power of State Municipal Authority- Government to call for records

1. (a) to produce any record, correspondence, or other documents, etc.
2. (b) to furnish any return, plan, estimate, statement, accounts, or statistics, and
3. (c) to furnish or obtain any report, and thereupon such municipal authority shall comply with such requirement. 68. The State Government may depute any of its officers to inspect or examine Power of State any department, office, service, work or property of the Municipally and to report Government to thereon, and such officer may, for the purpose of such inspection or Depute officers to examination, exercise all the powers of the State Government under section 67 : make inspection or examination and Provided that such officer shall be not below the report. rank of-
4. (a) a Deputy Secretary to the State Government in the case of a Class 'A Municipal Council or Class ,B, Municipal Council, and
5. (b) a Sub-divisional Officer in the case of a Class .C, Municipal council or Nagar panchayat, as the case maybe. 69. If, after considering the records required under section 67, or the report Power of State under section 68, or any information received otherwise by the State Government to Government, the State Government is of opinion that- require Municipal Authorities to take
6. (a) any action taken by a municipal authority is unlawful or irregular or any action. duty imposed on such authority by or under this Act has not been performed or has been performed in an imperfect, insufficient or unsuitable manner, or
7. (b) adequate financial provision has not been made for the performance of a-y under this Act, the State Government may, by order require such municipal authority to regularize such unlawful or irregular action or perform such duty or restrain such authority from taking such unlawful or irregular action or direct such authority to make, to the satisfaction of the State Government, within such period as may be specified in the order, arrangement, or financial provision, as the case maybe, for the proper performance of such duty: Provided that the State Government shall, unless in its opinion the immediate execution of such order is necessary before making an order under this section, give such municipal authority, in writing, an opportunity of show cause, within such period as may be specified by the State Government, why such order should not be made. 70. (1) If no action has been taken in accordance with the order under section Power of State 69 within the period specified therein or if no cause has been shown under the Government to provision to that section or if the cause shown is not to the satisfaction of the provide for State Government, the State Government may make arrangements for the enforcement of order taking of such action and may direct that all expenses connected therewith shall under section 69. be defrayed from the Municipal Fund.

1. (2) For the purposes of sub-section (1), it shall be lawful for the State Government to appoint, for such period as the State Government may thinks fit, any person considered suitable by it, who shall exercise and perform, subject to such directions as the State Government may issue from time to time, all or any of the powers and functions of the municipal authorities necessary to implement the order under section 69. 71 (1) If no action has been taken in accordance with the order under section 69 Power of State within the period specified therein or if no cause has been shown under the Government to provision to that section or if the cause shown is not to the satisfaction of the dissolve State Government, the State Government may make arrangements for the Municipality. taking of such action and may direct that all expenses connected therewith shall be defrayed from the N4uniciPal Fund.
2. (2) For the purposes of sub-section (I), it shall be lawful for the State Government to appoint, for such period as the State Government may thinks fit, any person considered suitable by it, who shall exercise and perform, subject to such directions as the State Government may issue from time to time, all or any of the powers and functions of the municipal authorities necessary to implement the order under section 69.(1) Il in the opinion of the State Government, the Municipality has shown its incompetence, or has persistently made default in the performance of the duties, or in the exercise of the functions, imposed on it by or under this Act or any other law for the time being in force or has or abused its powers, or is unable to function under the provisions of this Act, the State Government may, subject to the provisions of subsection (2), by an order published in the Official Gazette, and stating the reasons therefore’ declare the Municipality to be incompetent or in default or to have exceeded or abused its powers, as the case may be, and with effect from such date’ as may be specified in the order.
3. (2) (a) before making any order under subsection (1), a notice shall be given by the State Government to the Municipality calling upon it to submit representation, if any, against the proposed order within such period as may be specified in the notice.
   • (b) on receipt of such representation, if any, the State Government shall constitute a committee consisting of five persons, nominated by the State Government, of whom-
     • (i) one shall be a member of the State Higher Judicial Service who shall be the Chair-Person of the committee,
     • (ii) one shall be the Chief Councillor of any other Municipality of the same class,
     • (iii) one shall be a Chartered Accountant or adperson having experience in financial matters,
     • (iv) one shall be an Engineer or Architect ‘and
     • (v) one shall be an officer of the State Government, not below the rank of a Sub-divisional Officer, and shall forward the representation to the committee for its consideration and report within such time as the State Government may specify,
   • (c) the State Government shall, on receipt of the report from the committee, consider the representation: Provided that notwithstanding anything contained in subsection (I), no order of dissolution of the Municipality shall be made without giving the Municipality an opportunity of being heard. 72. (1) Notwithstanding anything contained in this Act or in any other law for the Consequences of time being in force, with effect from the date of the order of dissolution under dissolution. sub-section (I) of section-71.
   • (a) all the councillors including the members of the Empowered Standing Committee and of any committee of the Municipality constituted under this Act, and the Chief Councillor and the Deputy Chief Councillor shall vacate their respective offices, and
   • (b) all the powers and duties which, under the provisions of this Act or the rules or the regulations made there under or any other law of the time being in force, may be exercised or performed Standing by the members of the Empowered Standing Committee or of any committee of the Municipality or the Chief Councillor, shall be exercised or performed, subjects to such directions as the State Government may give from time to time, by such person or persons as the State Government may appoint in this behalf: Provided that when the State Government appoints more than one person to exercise any powers or perform any duties, it may, by order, and in such manner as it thinks fit, allocate such powers and duties among the persons so appointed: Provided further that the State Government shall be the remuneration of such person or persons, and may direct that such remuneration shall, in each case, be paid out of the Municipal Fund.
4. (2) For the avoidance of doubts, it is hereby declared that an order of dissolution under subsection (1) of section -7i shall not effect or imply in any way the dissolution of the Municipality as a body corporate. Chapter-IX Municipal finance and Municipal Fund 73. After taking into consideration the recommendations of the State Finance Implementation of Commission constituted under article 243 -Y, read with article 243 -I, of the recommendations of Constitution of India, the State Government shall determine- State Finance a. the devolution of net proceeds of the taxes, tolls Finance and fees to the Commission Municipalities, b. the assignment of taxes, duties, tolls and fees to the Municipalities, c. the sanction of grants-in-aid to the Municipalities from the Consolidated fund of the State, and d. the other measures required to improve the financial position of the Municipalities. 74. (1) The State Government may, from time to time, give grants or financial Financial Assistance assistance to the Municipality with or without direction as to the manner in which from State such grants or financial assistance shall be applied. Government.
5. (2) The State Government may, for giving such grants or assistance, lay down a scheme which may include the conditions of release of Municipalities into different classes for that purpose.
6. (3) The State Government may, give grants to the Municipality for implementation, in full or in part, of any scheme included in the annual development plan of the Municipality. 75. (1) There shall be a fund to be called the Municipal Fund which shall be held Municipal Fund. by the Municipality in trust for the purposes of this Act, and all moneys realized or realizable under this Act and all moneys otherwise received by the Municipality shall be credited thereto.
7. (2) Subject to such directions as the State Government may issue. in this behalf and keeping in view, the classification of municipal areas under section -7, the receipts and expenditures of the Municipality shall be kept under such heads of accounts, including those for water-supply, drainage and sewerage, solid waste management, road development and maintenance, slum services, commercial projects and other account heads as may be specified and the general account head, in such manner, and in such form, as may be prescribed, so as to facilitate the imposition of user charges and preparation of any subsidy report under this Act. Explanation. - For the purposes of this section, "commercial projects" shall include municipal markers, development projects, property development projects, and such other projects of a commercial nature as may be specified by the Municipality from time to time.
8. (3) Every head of account specified under sub-section (1) shal1 be split up into a revenue account and a capital account and all items of receipts and expenditures shall be kept appropriately under such revenue account or capital account, as the case maybe. Chapter-X Application of Municipal fund Application of 76. The moneys credited to the Municipal fund from time to time shall be applied Municipal Fund. for payment of all sums, charges and costs necessary for carrying out the purposes of this Act and the rules and the regulations made there under and for payment out of the Municipal Fund under any other 1aw for the time being in force. 77. No payment of any sum out of the Municipal fund shall be made unless such Payments not to be expenditure is covered by a current budget grant and a sufficient balance of made out of such budget grant is available, notwithstanding any reduction or transfer thereof Municipal Fund under the provision or transfer under the provisions of this Act: unless Covered by Provided that this section shall not apply to any payment in the following cases:- Budget grant.
   • (a) refund of taxes and other moneys which are authorized by this Act,
   • (b) repayment of moneys belonging to contractors or other persons and held in deposit and ail moneys collected by the Municipality or credited to the Municipal Fund by mistake,
   • (c) temporary payment for works urgently required byte State Government in the public interest,
   • (d) expenses incurred by the Municipality on special measures on the outbreak of dangerous diseases, natural or technological hazards or in any other emergent case,
   • (e) sums payable as compensation under this Act or the rules or the regulations made there under,
   • (f) sums payable- i. under orders of the State Government on failure of the Municipality to take any action required by the State Government under any provision of this Act, ii. under any other law for the time being in force, iii. under the decree or order of a civil or criminal court against the Municipality, or iv. under a compromise of any claim, suit or other legal proceeding, or v. on account of the cost incurred in taking immediate action by any of the n:,unicipal authorities to avert a sudden threat or danger to the property of municipality or of human life, and
   • (g) such other cases as may be determined by regulations. 78. Whenever any sum is paid in any of the cases referred to in the provision of Procedure when section-77, the Chief Municipal Executive Officer/ Municipal Executive Officer money not covered shall forthwith communicate the circumstances of such payment to the by budget grant. Empowered Standing Committee, and, thereupon, the Empowered Standing Committee may take, or recommend to the Municipality to take, such action under the provisions of this Act as may appear to it to be feasible and expedient for covering tire amount of such payment. 79. (1) On a requisition, in writing, by the State Government, the Empowered Temporary Payment Standing committee may, at any time, retired the Chief Municipal Executive from Municipal Fund Officer/ Municipal Executive Officer to undertake the execution of any work for works Urgently certified by the State Government to be urgently required in the public interest required in public and, for this purpose, to make payment for such work from the Municipal Fund interest. in so far as such payment be made without unduly interfering with the regular work of the Municipality.
9. (2) The cost of all work so executed, and the proportionate establishment charges for executing such work, shall be paid by the State Government and credited to the Municipal Fund.
10. (3) On receipt of a requisition under sub-section (1), the Empowered Standing Committee shall forthwith forward a copy thereof to the Municipality together with a report of the steps taken in pursuance of the said requisition. 80. Notwithstanding anything contained elsewhere in this chapter, the Municipality may, with the approval of the State Government, authorize Power to incur expenditure to be incurred beyond the limits of the municipal area for creation of Expenditure beyond physical assets relating to the core functions of the Municipality outside the the limits of limits of such municipal area and for maintenance thereof for carrying out the Municipality. purposes of this Act. 81. (1)Notwithstanding anything contained elsewhere in this chapter, the State Government may, by order, require the Municipality to earmark a particular portion of the Municipal Fund or a particular grant or apart thereof, or any item of Exclusive use of receipt under any head of account, or any percentage thereof, or any share of Fund for particular tax receivable by the Municipality other than taxes, duties and fines assigned to purpose. the Municipality under this Act or any part thereof, to be utilized exclusively for such purpose related to municipal functions as may by specified by the State Government, and it shall be the duty of the Municipality to act accordingly.
11. (2) The State Government may, for carrying out the purposes of sub- section (1), make rules for different classes of Municipalities. 82. Subject to the other provisions of this Act, payment from the Municipal Fund Operation of shall be made in such manner as may be determined by regulations, and the accounts. heads of accounts referred to in section-75 shall be operated by such officers of the Municipality as may be authorized by the Municipality by regulations. 83. (1) Surplus moneys standing at the credit of any of the heads of account of the Municipal Fund which are not required, either immediately or at any early date, to be applied for the purposes of this Act by the Municipality, may, in Investment of accordance with such regulations as may be made by the Municipality in this surplus moneys. behalf be transferred by the Municipality, either in whole or in part, to any other head of account of the Municipal Fund: Provided that no such money shall be transferred permanently from any of the heads of accounts to any other head of account without the previous approval of the Municipality: Provided further that such surplus moneys standing at the credit of the Commercial Projects Account of the Municipal Fund shall not be transferred to the General Account of the municipal Fund.
12. (2) Surplus moneys which are not transferred under sub-section (1) may be invested in public securities or small savings schemes, approved by the State Government, or deposited at interest with such scheduled bank as may be determined by the Empowered Standing Committee.
13. (3) Profit or loss, if any, arising from the investment as aforesaid shall be credited or debited, as the case may be, to the account to which such profit or loss relates. Chapter-XI Budget Estimates 84. (1) The Chief Municipal Executive Officer/ Municipal Executive Officer shall Preparation of prepare in each year a budget estimate along with an establishment schedule of budget Estimate of the Municipality for the ensuing year, and such budget estimate shall be an Municipality. estimate of the income and expenditure of the Municipality.
14. (2) Subject to the provisions of section 10 and subsection (2) of section 75, the budget estimate shall separately state the income and the expenditure of the Municipality to be received and incurred in terms of the various heads of accounts.
15. (3) The budget estimate shall state the rates at which various taxes, surcharges, cesses and fees shall be levied by the Municipality in the year next following.
16. (4) The budget estimate shall state the amount of money to be raised as loan during the year next following.
17. (5) The Chief Councillor shall present the budget estimate to the Municipality on the 15th day of February in each year or as soon thereafter as possible.
18. (6) The budget estimate shall be prepared, presented and adopted in such Form and in such manner, and shall provide for such matters, as may be prescribed.
19. (7) The annual statements prepared under sub-section (2) of section 107 and sub-section (1) of section 1 19 together with the reports prepared under subsection(1) of section 85 and under sub-section (2) of section 278 shall be enclosed with the budget estimate. 85. (1) Tire Chief Municipal Executive Officers/ Municipal Executive Officer shall, Report on Services while preparing the budget estimate, append thereto a report indicating whether Provided at the following services are being provided at a subsidized rate and, if so, the Subsidized extent of the subsidy, the reasons therefore, the source from which the subsidy Rate. is being met, and the sections or categories of the local population who are the beneficiaries of such subsidy, namely:-
    • (a) water-supply and disposal of sewage, and
    • (b) Scavenging, transporting and disposal of solid wastes. Explanation.-A service shall be construed as being provided at a subsidized rate if its total cost, comprising the expenditure on operation and for debt serving, exceeds the income relating to the rendering of that service.
20. (2) The Empowered Standing Committee shall examine the report referred to in sub-section (1) and place the same before the Municipality with its recommendations, if any. 86. (1) The Municipality shall consider the budget estimate and the Sanction of budget recommendations, if any of Empowered Standing Committee thereon, and shall, Estimate of by the fifteenth day of N{arch in each year, adopt the budget estimate for the Municipality. ensuing year with such changes as it may consider necessary, and submit the budget estimate so adopted to the Director of Local Bodies.
21. (2) The budget estimate received by the Director of Local Bodies, as the case may be, under subsection (1) shall be returned with or without modifications of the provisions relating to subventions by the State Government.
    • (d) Cause physical verification of any stock of articles in course of examination of accounts.
22. (4) The Auditor, or the officer subordinate to him, may report any item of accounts contrary to the provisions of this Act to the Empowered Standing Committee.
23. (5) The Empowered Standing Committee shall consider the report of the Auditor as early as possible and shall, if necessary take prompt action thereon, and shall also, if necessary surcharge the amount of any illegal any person responsible therefore the amount of any deficiency or loss incurred by the negligence or misconduct of such person or any amount which ought to have been, but is not, brought into account by such person, and shall, in every such case, certify the amount due from such person: Provided that any person aggrieved by an order of payment of certified sums any appeal to the State Government whose decision on such appeal shall be final.
24. (6) Any person who wilfully neglects, or refuses to comply with, the requisition made by an Auditor, or the officer subordinate to him, shall, on conviction by a Court, be punishable with fine in respect of item included in the requisition. The fine may be fixed by the Govt. from time to time. 94. (1) As soon as practicable after the completion of audit of the accounts of ~~ Audit report. the Municipality, but not later than the thirtieth day of September each year, the Auditor shall prepare a report of the accounts audited and examined and shall send such report to the Chief Municipal Executive Officer/ Municipal Executive Officer.
25. (2) The Auditor shall include in such report a statement showing. a. every payment which appears to the Auditor to be contrary to law. b. the account of any deficiency or loss, which appears to have been caused by gross negligence or misconduct of any person. c. the account of any sum received which ought to have been, but has not been, brought into account by any person, and d. any other material impropriety or irregularity in the accounts. 95.(1) The chief Municipal Executive officer/ Municipal Executive officer shall placing of Audited place the audited financial statement, the balance sheet and the report of the Accounts before Auditor and his comments thereon before the Empowered Standing Committee Municipality. which, after the examination thereof, shall place them before the Municipality with its comments" if any.
26. (2) The Chief Municipal Executive Officer/ Municipal Executive Officer shall remedy any defect that has been pointed out by the Auditor in his report. 96. (1) The Chief Municipal Executive Officer/ Municipal Executive Officer shall, Submission of after adoption of the financial statement and the balance sheet and the report of audited Accounts. the Auditor by the municipality, forward the same to the State Government together with a report of the action taken thereon by the Municipality and shall also send copies thereof to the Auditor.
27. (2) If there is any difference of opinion between the Auditor and the Municipality or if the Municipal does not remedy the defects or the irregularities mentioned in the report of the Auditor within a reasonable period, the Auditor shall refer the matter to the State Government whose decision thereon shall be final and binding. 97. If any order made by the State Government under this chapter is not Power of State complied with, it shall be lawful for the State Government to take such steps as Government to it thinks fit to secure the compliance of the order and to direct that all expenses enforce order upon therefore shall be defrayed from the Municipal Fund. audit report. 98. In addition to the audit of annual accounts' the State Government or the Special audit. Municipality may if it thinks fit appoint an Auditor to conduct special audit pertaining to a specified item or series of items requiring thorough examination, and the procedure relation to audit shall apply mutatis mutandis to such special audit. 99. The State Government or Municipality may provide for internal audit of the Internal audit. day to day accounts of the Municipality by the auditor appointed in this behalf by the State Government in the manner as may be prescribed. 100. (1) The Municipality shall, at its first meeting in each year or as soon as Municipal Accounts may be at any meeting subsequent thereto, constitute a Municipal Accounts Committee. Committee.
28. (2) The Municipal Accounts Committee shall consist of- a. such number of members, not being less than 3 and not more than 5 as the Municipality may determine, to be elected by the Councillors not being the members of the empowered Standing Committee, from amongst themselves and b. such number of persons, not being Councillors or officers or other employees of the Municipality and not exceeding two in numbers, having knowledge in financial matters, as may be nominated by the Municipality.
29. (3) The members of the Municipal Accounts Committee shall elect from amongst themselves one member to be its Chairperson.
30. (4) Subject to the other provisions of this Act the members of the Municipal Accounts Committee shall hold office until a new Municipal Accounts Committee is constituted.
31. (5) The manner of submission of resignation by the Chairperson or any other member, and the manner of filling up of a casual vacancy in the office of a member, of the Municipal accounts Committee shall be such as may be prescribed.
32. (6) Subject to the provisions of this Act and the rules and the regulations made thereunder it shall be the duty of the Municipal Accounts Committee-
    • (a) to examine the accounts of the Municipality showing the appropriation of sums granted by the Municipality for its expenditure and the annual financial accounts of the Municipality,
    • (b) to examine and scrutinize the report on the accounts of the Municipality by the Auditor appointed under section 92 and to satisfy itself that the moneys shown in the accounts as having been disbursed were available for, and applicable to, the services or purposes to which they were applied or charged and that the expenditure was incurred in accordance with the authority governing such expenditure,
    • (c) to submit report to the Municipality every year and from time to time on such examination and scrutiny,
    • (d) to consider the report of the Auditor appointed under section 98 in cases where the State Government or the municipality requires him to conduct a special audit of any receipt or expenditure of the Municipality or to examine the accounts of stores and stocks or the Municipality or to check the inventory of the properties of the Municipality including its land holdings and buildings ; and
    • (e) to discharge such other functions as may be prescribed.
33. (7) The Municipal Accounts Committee may call for any book or document if, in its opinion, such book or document is necessary for its work and may send for such officers of the Municipality as it may consider necessary for explaining any matter in connection with its work.
34. (8) The manner of transaction of business to the Municipal Accounts Committee shall be such as may be determined by regulations : Provided that the persons nominated under clause (b) of sub-section (2) shall not have the right to vote at the meeting of the Municipal Accounts Committee. Chapter-XIll Municipal Property

. h s : and hold. acquire, by gift, purchase or otherwise, and hold, movable and immovable properties or any interest therein, whether within or outside the limits of the municipal area.

force, the movable and the immovable properties of the following categories within the limits of a municipal area, not belonging to any Government department or statutory body or corporation shall vest in the Municipality, unless the State Government directs otherwise by notification, namely:-

1. (a) all vested public lands not belonging to any Government department or statutory body or corporation,
2. (b) all public tanks, streams, reservoirs, and wells,
3. (c) all public markets and slaughterhouses,
4. (d) all public sewers and drains, channels, tunnels, culverts and watercourses, alongside, or under, any street,
5. (e) all public streets and pavements, and stones another materials thereon, and also trees on such public streets or pavements not belonging to any private individual,
6. (f) all public parks and gardens, including squares and public open spaces,
7. (g) all public ghats on rivers or streams or tanks,
8. (h) all public lamps, lamp-posts and apparatus connected therewith, or appertaining thereto,
   • (i) All public places for disposal of the dead, excluding those governed by any specific law in this behalf,
9. (j) all solid wastes collected on a public street or public place, including dead animals and birds, and
10. (k) all stray animals not belonging to any private person. 103. (1) The Municipality may, on such terms and conditions as may be Pr" o approved by it, acquire by agreement- Municipality by
11. (a) any immovable Property, and agreement,
12. (b) any easement affecting immovable property exchange, lease, grant, etc.

1. (2) The Municipality may also acquire any property by exchange on such terms and conditions as may be approved by it.
2. (3) The Municipality may also hire or take on lease immovable property on such terms and conditions as may be approved by it from time to time.
3. (4) The Municipality may receive any grant or dedication by donor, whether in the form of any income or any movable or immovable property, by which the Municipality may be benefited in the discharge of any of its functions.
4. (5) It shall be for the Municipality to be the beneficiary of any trust created under the Charitable and religious Trusts Act, 1920, or the Indian trusts Act, 1882. 104. (1) When any land, whether within or outside the limits of the municipal Compulsory area. or any easement affecting any immovable property vested in the Acquisition of land. Municipality is required for any public purpose under this Act, the State Government may, at the request of the Municipality, proceed to acquire such land or easement under the Land of Acquisition Act,1894.
5. (2) The Municipality sha1l be bound to pay to the State Government the cost including all charges in connection with the acquisition of the land under the Land Acquisition Act, 1894.
6. (3) The Municipality may resort to other methods of land assembly including the use of transferable development rights.

approved by it, acquire by agreement- Municipality by

1. (a) any immovable Property, and agreement,
2. (b) any easement affecting immovable property exchange, lease, grant, etc.

1. (2) The Municipality may also acquire any property by exchange on such terms and conditions as may be approved by it.
2. (3) The Municipality may also hire or take on lease immovable property on such terms and conditions as may be approved by it from time to time.
3. (4) The Municipality may receive any grant or dedication by donor, whether in the form of any income or any movable or immovable property, by which the Municipality may be benefited in the discharge of any of its functions.
4. (5) It shall be for the Municipality to be the beneficiary of any trust created under the Charitable and religious Trusts Act, 1920, or the Indian trusts Act, 1882.

area. or any easement affecting any immovable property vested in the Acquisition of land. Municipality is required for any public purpose under this Act, the State Government may, at the request of the Municipality, proceed to acquire such land or easement under the Land of Acquisition Act,1894.

1. (2) The Municipality sha1l be bound to pay to the State Government the cost including all charges in connection with the acquisition of the land under the Land Acquisition Act, 1894.
2. (3) The Municipality may resort to other methods of land assembly including the use of transferable development rights.

acquisition of land for the purpose of widening or improving an existing street, it for acquisition of shall be lawful for the Municipality to apply to the State Government for the lands adjoining acquisition of such additional land immediately adjoining the land to be occupied streets. by such new street or existing street as is required for the sites of buildings to be erected on either side of the street, and such additional land shall be deemed to be required for the purposes of this Act.

manner hereinafter provided, namely:-

1. (a) the Empowered Standing Committee may sell, or grant lease or, otherwise dispose of, by public auction, any movable property, and may grant lease of, or let out on hire, any immovable property, belonging to the Municipality,
2. (b) the Municipality may, with the poor approval of the State Government, for valuable consideration, seller otherwise transfer, any immovable property belonging to the Municipality which is not required for carrying out the purposes of this Act, and
3. (c) the Municipality shall not transfer any immovable property vested in it by virtue of this Act, but shall cause the same to be maintained, controlled and regulated in accordance with the provisions of this Act and the rules and the regulations made thereunder: Provided that the State Government may authorize, in the public interest, the disposal of such immovable property buy the Municipality, if the Municipality so requires. for reasons to be recorded in writing. Explanation.- " valuable consideration’ shall, in relation to any immovable property, mean anything of considerable value in terms of money or property given in lieu of transfer by way of sale or otherwise, of such immovable property. 107. (1) The Empowered Standing Committee shall maintain a register and a Inventory of map of all the immovable properties of which the Municipality is the owner or properties of which vest in it, or which the Municipality holds in trust with the Government, Municipality. and a register of all movable properties belonging to the Municipality.

1. (2) The Empowered Standing Committee shall. in the case of the inventory of an immovable property, prepare an annual statement indicating the changes, if any, in the said inventory and shall place the same before the Municipality along with the budget estimate. Chapter - XIV Borrowings

1. (1) The Empowered Standing Committee shall maintain a register and a Inventory of map of all the immovable properties of which the Municipality is the owner or properties of which vest in it, or which the Municipality holds in trust with the Government, Municipality. and a register of all movable properties belonging to the Municipality. (2) The Empowered Standing Committee shall. in the case of the inventory of an immovable property, prepare an annual statement indicating the changes, if any, in the said inventory and shall place the same before the Municipality along with the budget estimate. Chapter - XIV Borrowings

map of all the immovable properties of which the Municipality is the owner or properties of which vest in it, or which the Municipality holds in trust with the Government, Municipality. and a register of all movable properties belonging to the Municipality.

1. (2) The Empowered Standing Committee shall. in the case of the inventory of an immovable property, prepare an annual statement indicating the changes, if any, in the said inventory and shall place the same before the Municipality along with the budget estimate. Chapter - XIV Borrowings

applicable in the case of loans, including short- term loans, to be raised by the limitation policy. Municipalities. laying down, inter alia, the general principles governing the raising of loans by the Municipalities, the limit of the loans which any Municipality may raise having regard to its financial capacity, the rate of interest

to be paid for such loans, and the terms and conditions, including the period of repayment thereof. 109. (1) The Municipality may, from time to time, raise, by a resolution in this Power of behalf passed at a meeting of the Municipality, a loan within the limits set by the Municipality to raise comprehensive debt limitation policy framed under section 108, by the issue of loan. debentures or otherwise, on the security of the properly tax or of all or any of the other taxes, surcharges, cesses and fees and dues under this Act or of both the properly tax and all or any of the other taxes, surcharges, cesses and fees and dues under this Act, or on the guarantee by the State Government, of any sum of money which may be required for the purpose of this Act namely:-

1. (a) construction of works
2. (b) Acquisition of lands and building.
3. (c) paying off any debt due to the State Government,
4. (d) repayment of a loan raised
5. (e) acquisition of a public utility concern which renders such services as the Municipality is authorized to render
6. (f) purchase of vehicles, locomotive engines, boilers and machinery necessary for carrying out the purposes of this Act, or
7. (g) any other purpose for which the Municipality is, by or under this Act or any other law forth time being in force, authorized to borrow: Provided that any loan proposed to be raised which goes beyond the limits set by the comprehensive debt limitation policy as aforesaid shall require the previous sanction of the State Government in regard to its purpose, the quantum. the rate of interest and the period for repayment, and the other terms and conditions, if any: Provided further that in addition to the loans as aforesaid, the Municipality may also take loan from the State Government or any statutory body or public sector corporation.

1. (2) When any loan has been raised under subsection (1),-
   • (a) no portion thereof shall- without the previous sanction of the State Government, be applied to any purpose other than that for which it has been raised, and
   • (b) no portion of any loan raised for any of the purposes referred to in that sub-section shall be applied to the payment of salaries or allowances to any officer or other employee of the Municipality, other than those who are exclusively employed for the purpose for which the loan has been raised. Explanation: - The expression “dues under this Act" in sub-section (1) shall, for the purpose of clause (e) of that sub-section, be deemed to include the income derivable from the public utility concern referred to in that clause.

1. (1) The Municipality may, from time to time, raise, by a resolution in this Power of behalf passed at a meeting of the Municipality, a loan within the limits set by the Municipality to raise comprehensive debt limitation policy framed under section 108, by the issue of loan. debentures or otherwise, on the security of the properly tax or of all or any of the other taxes, surcharges, cesses and fees and dues under this Act or of both the properly tax and all or any of the other taxes, surcharges, cesses and fees and dues under this Act, or on the guarantee by the State Government, of any sum of money which may be required for the purpose of this Act namely:- (a) construction of works (b) Acquisition of lands and building. (c) paying off any debt due to the State Government, (d) repayment of a loan raised (e) acquisition of a public utility concern which renders such services as the Municipality is authorized to render (f) purchase of vehicles, locomotive engines, boilers and machinery necessary for carrying out the purposes of this Act, or (g) any other purpose for which the Municipality is, by or under this Act or any other law forth time being in force, authorized to borrow: Provided that any loan proposed to be raised which goes beyond the limits set by the comprehensive debt limitation policy as aforesaid shall require the previous sanction of the State Government in regard to its purpose, the quantum. the rate of interest and the period for repayment, and the other terms and conditions, if any: Provided further that in addition to the loans as aforesaid, the Municipality may also take loan from the State Government or any statutory body or public sector corporation. (2) When any loan has been raised under subsection (1),- (a) no portion thereof shall- without the previous sanction of the State Government, be applied to any purpose other than that for which it has been raised, and (b) no portion of any loan raised for any of the purposes referred to in that sub-section shall be applied to the payment of salaries or allowances to any officer or other employee of the Municipality, other than those who are exclusively employed for the purpose for which the loan has been raised. Explanation: - The expression “dues under this Act" in sub-section (1) shall, for the purpose of clause (e) of that sub-section, be deemed to include the income derivable from the public utility concern referred to in that clause.

behalf passed at a meeting of the Municipality, a loan within the limits set by the Municipality to raise comprehensive debt limitation policy framed under section 108, by the issue of loan. debentures or otherwise, on the security of the properly tax or of all or any of the other taxes, surcharges, cesses and fees and dues under this Act or of both the properly tax and all or any of the other taxes, surcharges, cesses and fees and dues under this Act, or on the guarantee by the State Government, of any sum of money which may be required for the purpose of this Act namely:-

1. (a) construction of works
2. (b) Acquisition of lands and building.
3. (c) paying off any debt due to the State Government,
4. (d) repayment of a loan raised
5. (e) acquisition of a public utility concern which renders such services as the Municipality is authorized to render
6. (f) purchase of vehicles, locomotive engines, boilers and machinery necessary for carrying out the purposes of this Act, or
7. (g) any other purpose for which the Municipality is, by or under this Act or any other law forth time being in force, authorized to borrow: Provided that any loan proposed to be raised which goes beyond the limits set by the comprehensive debt limitation policy as aforesaid shall require the previous sanction of the State Government in regard to its purpose, the quantum. the rate of interest and the period for repayment, and the other terms and conditions, if any: Provided further that in addition to the loans as aforesaid, the Municipality may also take loan from the State Government or any statutory body or public sector corporation.

1. (2) When any loan has been raised under subsection (1),-
   • (a) no portion thereof shall- without the previous sanction of the State Government, be applied to any purpose other than that for which it has been raised, and
   • (b) no portion of any loan raised for any of the purposes referred to in that sub-section shall be applied to the payment of salaries or allowances to any officer or other employee of the Municipality, other than those who are exclusively employed for the purpose for which the loan has been raised. Explanation: - The expression “dues under this Act" in sub-section (1) shall, for the purpose of clause (e) of that sub-section, be deemed to include the income derivable from the public utility concern referred to in that clause.

where the raising of a loan is sanctioned by the State Government under that Municipality to open section, instead of raising such loan or any part thereof, take credit, on such credit account with terms as may be approved by the State Government, from any scheduled bank, bank. to be kept in a cash account bearing the name of the Municipality to the extent of such loan or any part thereof and, with the sanction of the State Government, may grant mortgage of all or any of the properties vested into the Municipality by way of securing the repayment of the amount of such credit or of the sums advanced from time to time on such cash account with interest.

within the limits set by the comprehensive debt limitation policy framed under Municipality to raise section 108, from time to time take a short-term loan repayable within such short term loan. period not exceeding twelve months, from any other scheduled bank, for such purpose, not being a purpose referred to in subsection (1) of section 109, on such terms, and on furnishing such security for the repayment of such loan. as ma be approved by the State Government.

raised under section 109 for the repayment of moneys borrowed, or debentures Sinking Fund. issued and shall in every year, pay into such Sinking Function such sum as shall, be sufficient for the repayment within the period fixed for the loan, of the money borrowed or the debentures issued.

or a part of the loan for which such Fund was created and, until such loan or par Sinking Fund. thereof is wholly discharged, such Fund shall not be applied to any other purpose.

under section 112 for the repayment of any loan is of such amount that is payment towards allowed to accumulate at the rate of interest sanctioned under the first proviso to Sinking Fund. sub-section (I) of section 109, it will be sufficient to pay off the loan within the period approve by the State Government under the said proviso, further payments towards such fund may be discontinued. 115. (1) All moneys paid into a Sinking Fund shall, as such as possible, be Investment invested by the Empowered Standing Committee in — of amount at the credit of

1. (a) Government securities, or Sinking Fund.
2. (b) securities guaranteed by the Central Government or any State Government, or
3. (c) debentures issued by the Municipality, or
4. (d) such other public securities as may approved by the State Government,
5. (e) and such other securities as may be held byte Municipality for the purpose of repayment of loans from time to titre raised by it by issue of debentures or otherwise.

1. (2) All dividends and other sums received in respect of any investment under sub-section ( 1) shall, as soon as possible after their receipt, be paid into the Sinking Fund and shal1 be invested in the manner laid down in that sub-section.
2. (3) Moneys standing at the credit of two or more Sinking Funds may, at the discretion of the Empowered Standing Committee, be invested together as a common fund, and it shall not be necessary for the Empowered Standing Committee to allocate the securities held in such investments to the several Sinking funds.
3. (4) Subject to the provision of sub-section (1), any investment made under this section may, from time to time, be varied or transposed. 116. (1) For the purpose of investment of any portion of the Municipal Fund, Power of including Sinking Fund, in the debentures issued by the Municipality for raising a Municipality to loan, the Municipality may, within the limits set by the comprehensive debt reserve a portion of limitation policy framed under section | 08, reserve and set apart any portion of debentures, issued such debentures for issue at par thereto in the name of the Municipality provided for raising loan, for that the intention so to reserve and set apart such debentures shall have been investment. notified as a condition of raising the loan.
4. (2) The issue of any debentures by the Municipality under sub-section (1) shall not operate to extinguish or cancels such debentures, but issued to, and in the name of, any other person.
5. (3) The purchase by, or the transfer, assignment or endorsement to, the Municipality of any debenture issued by it shall not operate to extinguish or cancel such debenture and every such debenture shall be valid and negotiable in the same manner and to the same extent as if it were held by or transferred, assigned or endorsed to, any other person.

invested by the Empowered Standing Committee in — of amount at the credit of

1. (a) Government securities, or Sinking Fund.
2. (b) securities guaranteed by the Central Government or any State Government, or
3. (c) debentures issued by the Municipality, or
4. (d) such other public securities as may approved by the State Government,
5. (e) and such other securities as may be held byte Municipality for the purpose of repayment of loans from time to titre raised by it by issue of debentures or otherwise.

1. (2) All dividends and other sums received in respect of any investment under sub-section ( 1) shall, as soon as possible after their receipt, be paid into the Sinking Fund and shal1 be invested in the manner laid down in that sub-section.
2. (3) Moneys standing at the credit of two or more Sinking Funds may, at the discretion of the Empowered Standing Committee, be invested together as a common fund, and it shall not be necessary for the Empowered Standing Committee to allocate the securities held in such investments to the several Sinking funds.
3. (4) Subject to the provision of sub-section (1), any investment made under this section may, from time to time, be varied or transposed.

1. (1) For the purpose of investment of any portion of the Municipal Fund, Power of including Sinking Fund, in the debentures issued by the Municipality for raising a Municipality to loan, the Municipality may, within the limits set by the comprehensive debt reserve a portion of limitation policy framed under section | 08, reserve and set apart any portion of debentures, issued such debentures for issue at par thereto in the name of the Municipality provided for raising loan, for that the intention so to reserve and set apart such debentures shall have been investment. notified as a condition of raising the loan. (2) The issue of any debentures by the Municipality under sub-section (1) shall not operate to extinguish or cancels such debentures, but issued to, and in the name of, any other person. (3) The purchase by, or the transfer, assignment or endorsement to, the Municipality of any debenture issued by it shall not operate to extinguish or cancel such debenture and every such debenture shall be valid and negotiable in the same manner and to the same extent as if it were held by or transferred, assigned or endorsed to, any other person.

including Sinking Fund, in the debentures issued by the Municipality for raising a Municipality to loan, the Municipality may, within the limits set by the comprehensive debt reserve a portion of limitation policy framed under section | 08, reserve and set apart any portion of debentures, issued such debentures for issue at par thereto in the name of the Municipality provided for raising loan, for that the intention so to reserve and set apart such debentures shall have been investment. notified as a condition of raising the loan.

1. (2) The issue of any debentures by the Municipality under sub-section (1) shall not operate to extinguish or cancels such debentures, but issued to, and in the name of, any other person.
2. (3) The purchase by, or the transfer, assignment or endorsement to, the Municipality of any debenture issued by it shall not operate to extinguish or cancel such debenture and every such debenture shall be valid and negotiable in the same manner and to the same extent as if it were held by or transferred, assigned or endorsed to, any other person.

within the rime approved under that section and such repayment shall be made Repayment of loans. either from a Sinking Fund established under section 112 in respect of such loan or partly from such Sinking fund and, to the extent or which such Sinking Fund falls short of the sum required for the repayment of such loan, partly from the loan raised for the purpose under section 109, as may be approved by the State

All debentures issued under this chapter shall be in such Form, and shall Form and effect of be transferable in such manner, as the Municipality may, by regulations, debentures. determine and the right to sue in respect of the moneys secured by any of such debentures shall vest in the holders thereof from the time, being without any preference by reason of some such debentures being prior in date to others. 119. (1) The Chief Municipal Executive Officer/ Municipal Executive Officer Annual statement. shall, at the end of every year, prepare, and submit to the Municipality, an annual statement showing —

1. (a) the amount which has been paid into the Sinking fund or Sinking Funds during the year under section 1 12,
2. (b) the date of the last investment made during the year,
3. (c) the aggregate amount of the securities in the hand of the Municipality at the end of the year, and
4. (d) the aggregate amount which has been applied for the purpose of repayment of the loan under section 115.

1. (2) A copy of every such annual statement shall be submitted to the State Government by the Chief Municipal Executive Officer Municipal Executive Officer. 120. ( 1) All Sinking Funds established under this Act shall be subject to annual examination by the Auditor appointed under section 92 who Annual examination shall ascertain whether the cash and the value of securities belonging to such of Sinking Funds. Sinking funds are equal to the amount which should be at the credit of such Sinking Funds, had the investment under section 115 been regularly made and had the interest accruing from such investments been regularly obtained.
2. (2) The amount which should be at the credit of a Sinking Fund shall be calculated on the basis of the sums paid into such Sinking Fund under section 112.
3. (3) The value of securities belonging to a Sinking Fund shall be the current value of such securities unless such securities become due for redemption at par with, or above, their face value before maturity in which case their current value shall be taken as their redemption value, except in the case of the debentures issued by the Municipality which shall always be valued at par with their face value, provided the Municipality shall make good immediately any loss owing to the sale of such debentures for repayment of the loan raised under sub-section (1) of section 109.
4. (4) The Municipality shall forthwith pay into a Sinking Fund such amount as the Auditor appointed under section 92 may certify to be deficit in respect of such Sinking Fund, unless the State Government specially sanctions a gradual readjustment of such deficit.
5. (5) If the cash and the value of the securities at the credit of a Sinking Fund are in excess of the amount which should be at the credit of such Sinking Fund, the Auditor appointed under section 92 shall certify the amount of such excess sum, and the Municipality shall, thereupon, transfer the excess sum into the Municipal Fund General Account.
6. (6) If any dispute arises as to the accuracy of any deficit or excess referred to in the certificate under sub-section (4) or sub-section (5), the Municipality may, after payment of such deficit or after transfer of such excess" as the case may be, refer the matter to the State Government whose decision thereon shall be final. 121. (1) The Municipality may borrow money from the State Government for Power of carrying out the purposes of this Act on such terms and conditions as the State Municipality to Government may determine. borrow money from State Government
7. (2) if any money borrowed by the Municipality from the State Government before and attachment of the commencement of this Act or under subsection (1) is not repaid, or any Municipal fund for interest due in respect thereof is not paid, according to the terms and conditions recovery of such of such borrowing, the State Government may attach the Municipal Fund or any money. portion thereof.
8. (3) After such attachment, an officer as may be appointed in this behalf by the State Government shall deal with the Municipal Fund, or any portion thereof, so attached, in such manner as ire thinks fit and may do all acts in respect thereof which any municipal authority or an officer or other employee of the Municipality might have done under this Act, if such attachment had not taken place, and may apply such Municipal Fund or the portion thereof, as the case may be, for payment of the arrear of the principal amount and the interest incurred on account of the attachment and subsequent proceeding : Provided that no such attachment shall defeat or prejudice any debt for the recovery of which the Municipal fund was previously charged under any law for the time being in force, and all such prior debt shall be paid out of the Municipal

shall, at the end of every year, prepare, and submit to the Municipality, an annual statement showing —

1. (a) the amount which has been paid into the Sinking fund or Sinking Funds during the year under section 1 12,
2. (b) the date of the last investment made during the year,
3. (c) the aggregate amount of the securities in the hand of the Municipality at the end of the year, and
4. (d) the aggregate amount which has been applied for the purpose of repayment of the loan under section 115.

1. (2) A copy of every such annual statement shall be submitted to the State Government by the Chief Municipal Executive Officer Municipal Executive Officer.

be subject to annual examination by the Auditor appointed under section 92 who Annual examination shall ascertain whether the cash and the value of securities belonging to such of Sinking Funds. Sinking funds are equal to the amount which should be at the credit of such Sinking Funds, had the investment under section 115 been regularly made and had the interest accruing from such investments been regularly obtained.

1. (2) The amount which should be at the credit of a Sinking Fund shall be calculated on the basis of the sums paid into such Sinking Fund under section

1. (1) The Municipality may borrow money from the State Government for Power of carrying out the purposes of this Act on such terms and conditions as the State Municipality to Government may determine. borrow money from State Government (2) if any money borrowed by the Municipality from the State Government before and attachment of the commencement of this Act or under subsection (1) is not repaid, or any Municipal fund for interest due in respect thereof is not paid, according to the terms and conditions recovery of such of such borrowing, the State Government may attach the Municipal Fund or any money. portion thereof. (3) After such attachment, an officer as may be appointed in this behalf by the State Government shall deal with the Municipal Fund, or any portion thereof, so attached, in such manner as ire thinks fit and may do all acts in respect thereof which any municipal authority or an officer or other employee of the Municipality might have done under this Act, if such attachment had not taken place, and may apply such Municipal Fund or the portion thereof, as the case may be, for payment of the arrear of the principal amount and the interest incurred on account of the attachment and subsequent proceeding : Provided that no such attachment shall defeat or prejudice any debt for the recovery of which the Municipal fund was previously charged under any law for the time being in force, and all such prior debt shall be paid out of the Municipal Fund before any part thereof is applied for repayment of the money borrowed from the State Government.

carrying out the purposes of this Act on such terms and conditions as the State Municipality to Government may determine. borrow money from State Government

1. (2) if any money borrowed by the Municipality from the State Government before and attachment of the commencement of this Act or under subsection (1) is not repaid, or any Municipal fund for interest due in respect thereof is not paid, according to the terms and conditions recovery of such of such borrowing, the State Government may attach the Municipal Fund or any money. portion thereof.
2. (3) After such attachment, an officer as may be appointed in this behalf by the State Government shall deal with the Municipal Fund, or any portion thereof, so attached, in such manner as ire thinks fit and may do all acts in respect thereof which any municipal authority or an officer or other employee of the Municipality might have done under this Act, if such attachment had not taken place, and may apply such Municipal Fund or the portion thereof, as the case may be, for payment of the arrear of the principal amount and the interest incurred on account of the attachment and subsequent proceeding : Provided that no such attachment shall defeat or prejudice any debt for the recovery of which the Municipal fund was previously charged under any law for the time being in force, and all such prior debt shall be paid out of the Municipal Fund before any part thereof is applied for repayment of the money borrowed from the State Government.

Subject to such guidelines and procedure as the Central Government may Issue of Municipal lay down from time to time and with the previous approval of the State Bonds for Government, the Municipality may issue tax-free Municipal Bonds for financing development of of projects for development of urban infrastructure. urban infrastructure. 123. (1) A Municipality shall, if and when required forth purpose of raising funds Credit rating of through a Municipal Bond, arrange to have a credit rating of the municipal Municipal Bonds. Bonds by a Credit Rating Agency, duly approved by the Central Government or the State Government, as the case may be, in this regard.

1. (2) The Municipality shall provide to the Credit Rating Agency such information as it may require.

1. (1) A Municipality shall, if and when required forth purpose of raising funds Credit rating of through a Municipal Bond, arrange to have a credit rating of the municipal Municipal Bonds. Bonds by a Credit Rating Agency, duly approved by the Central Government or the State Government, as the case may be, in this regard. (2) The Municipality shall provide to the Credit Rating Agency such information as it may require.

through a Municipal Bond, arrange to have a credit rating of the municipal Municipal Bonds. Bonds by a Credit Rating Agency, duly approved by the Central Government or the State Government, as the case may be, in this regard.

1. (2) The Municipality shall provide to the Credit Rating Agency such information as it may require.

lands, buildings and revenues from tax in special escrow accounts as security Municipal assets as for the Municipal Bonds issued for development of urban infrastructure. security for

The Municipality may set up a Debt Service Reserve Fund by providing Debt Service special grants from its surplus revenue or through capitalization of proceeds Reserve Fund. from Municipal Bonds to service bond-holders in case of default in payment of principal and interest for a period not exceeding two years.

Municipal Bond, limit its future debt encumbrances by adoption of suitable debt encumbrances service coverage ratio as a minimum ratio in relation to its future cash flow through future debt.

The fund to be raised from the Municipal Bonds shall be used for capital Use of proceeds investment for development of urban infrastructure in the spheres of water- From Municipal supply, sewerage, solid waste management, markets, roads, bridges, and urban Bonds. transport, and for reforming and improving the efficiency of existing systems of municipal administration and for repayment of loans for the aforesaid purposes raised through earlier issues of municipal bonds or otherwise. MUNICIPAL REVENUE Chapter-XV Sources of internal Revenues

of its receipts from tire following sources:- Municipal.

1. (a) taxes levied by the Municipality,
2. (b) user charges levied for provision of civic services, and
3. (c) fees and fines levied for performance of regulatory, and other statutory functions. 129. (1) Subject to the provisions of section 10, the Municipality shall have, for Power to levy taxes. the purposes of this Act, the power to levy the following taxes: a. property tax on lands and buildings, b. Surcharges on transfer of lands and buildings, c. tax on deficit in parking spaces in any non-residential building, d. water tax, e. fire tax, f. *[...deleted ] g. surcharge on entertainment tax, h. surcharge on electricity consumption within tire municipal area, i. tax on congregations, j. taxon pilgrims and tourists, and k. toll- i. on roads, bridges and ferries, and ii. on heavy trucks which shall be heavy goods vehicles, and buses, which shall be heavy passenger motor vehicles, within the meaning of the Motor Vehicles Act, 1988, plying on a public street. *[ the entries ‘tax on advertisements, other than advertisements published in newspapers’ has been deleted by the AP Goods and Services Tax Act,2017,Act No 7 of 2017.5.173(1)]

1. (2) Subject to the prior approval of the State Government, the Municipality may, for raising revenue for discharging its duties, and performing its functions, under this Act, levy any other tax which the State Legislature has the power to levy under the Constitution of India.
2. (3) The levy, assessment and collection of taxes under this Act shall be in accordance with the provisions of this Act and the rules and the regulations made there under.

the purposes of this Act, the power to levy the following taxes: a. property tax on lands and buildings, b. Surcharges on transfer of lands and buildings, c. tax on deficit in parking spaces in any non-residential building, d. water tax, e. fire tax, f. *[...deleted ] g. surcharge on entertainment tax, h. surcharge on electricity consumption within tire municipal area, i. tax on congregations, j. taxon pilgrims and tourists, and k. toll- i. on roads, bridges and ferries, and ii. on heavy trucks which shall be heavy goods vehicles, and buses, which shall be heavy passenger motor vehicles, within the meaning of the Motor Vehicles Act, 1988, plying on a public street. *[ the entries ‘tax on advertisements, other than advertisements published in newspapers’ has been deleted by the AP Goods and Services Tax Act,2017,Act No 7 of 2017.5.173(1)]

1. (2) Subject to the prior approval of the State Government, the Municipality may, for raising revenue for discharging its duties, and performing its functions, under this Act, levy any other tax which the State Legislature has the power to levy under the Constitution of India.
2. (3) The levy, assessment and collection of taxes under this Act shall be in accordance with the provisions of this Act and the rules and the regulations made there under.

i. provision of water-supply, drainage and sewerage, Power to Levy of ii. solid waste management, charges. iii. parking of different types of vehicles in different areas and for different Periods, iv. stacking of materials or rubbish on public streets for construction, alteration, repair or demolition work of any type, and Vv. other specific services rendered in pursuance of the provisions of this Act, at such rates as may be determined from time to time by regulations: Provided that a Municipality may, having regard to the conditions containing in the municipal area, decide not to levy, or postpone the levying of, any of the user charges as aforesaid : Provided further that the State Government may direct the Municipality to levy any of the user charges as aforesaid, not levied, or postponed byte

TheMunicipalityshallhavethepowertolevyfeesand fines in exercise of the Power to Levy fees regulatory powers vested in it fees and by or under this Act or the rules or the and fines. regulations made there under for-

1. (a) sanction of building plans and issue of completion certificates,
2. (b) issue of municipal licenses for various non-residential uses of lands and buildings,
3. (c) licensing of — i. various categories of professionals such as Plumbers and surveyors, ii. various activities such as sinking of tube, wells, sale of meat, fish or poultry, or hawking of articles. fii. animals, iv. carts or carriages" and Vv. such other activities as require a licence or permission under the provisions of this Act, and
4. (d) issue of birth and death certificates.

premises used for non-residential purposes at such rate. being not less than tax or fee.

twenty five per cent and not more than seventy five per cent, of such tax, user charge or, fee, as the case may be, as may be determined by regulations.

by regulations, from time to time, on any residential building with a height of development more than fourteen meters, or any non-residential building, having regard to its charge. location along a particular category of street, its use characteristics, and sanctioned built up area.

force, realize any tax, development charge, cess, or fee, imposed under that fees, cess, etc. law, or any dues payable under that law, in accordance with the provisions under any other law. thereof. Chapter - XVI Tax on Lands and Buildings and related taxes other than property Tax

1. (1) The Municipality may levy a surcharge on the transfer of lands and oy arefer of pi buildings situated within the municipal area as a percentage of stamp duty and buildings levied on such transfer under the Indian Stamp Act, 1999. :
2. (2) The rate of surcharge, and the manner of- a. collection of surcharge. b. payment of surcharge to the Municipality, and c. deduction of the expenses, if any, incurred by the State Government in course of collection of surcharge, shall be such as may be prescribed. 136. (1) The Municipality may, by regulations, levy a tax on the deficits in the Tax on deficits of provision for parking spaces require for different types of vehicles in any non- parking spaces in residential building. non-residential . Lo buildings.
3. (2) The amount of tax sha11 be determined by multiplying the quantum of such deficit in the area of parking spaces by the unit area value of land in the case of open parking spaces or by the unit area value of covered space oaf building in the case of covered parking spaces, as the case may be, as determined for the levy of property tax under this Act.

1. (1) The Municipality may, by regulations, levy a tax on the deficits in the Tax on deficits of provision for parking spaces require for different types of vehicles in any non- parking spaces in residential building. non-residential . Lo buildings. (2) The amount of tax sha11 be determined by multiplying the quantum of such deficit in the area of parking spaces by the unit area value of land in the case of open parking spaces or by the unit area value of covered space oaf building in the case of covered parking spaces, as the case may be, as determined for the levy of property tax under this Act. Water tax.

provision for parking spaces require for different types of vehicles in any non- parking spaces in residential building. non-residential . Lo buildings.

1. (2) The amount of tax sha11 be determined by multiplying the quantum of such deficit in the area of parking spaces by the unit area value of land in the case of open parking spaces or by the unit area value of covered space oaf building in the case of covered parking spaces, as the case may be, as determined for the levy of property tax under this Act. Water tax.

The Municipality may levy a water tax on any land or non-residential atertax building as a percentage of properly tax as may be specified by regulations.

property tax as may be specified by regulations : ’ Provided that a surcharge may be levied on such fire tax at such rate as may be specified by regulations for any non-residential building. Chapter-XV[ Tax on advertisements other than advertisements in Newspapers and Licence fees for advertisement spaces 139. ( 1) No person shall erect, exhibit, fix or retain upon or over any land, Prohibition of building, wall, hoarding, frame, post, kiosk, structure, vehicle, neon sign or sky- Advertisements sign any advertisement, or display any advertisement to public view in any Without written manner whatsoever (including any advertisement exhibited by means of permission of cinematograph), visible from a public skeet or public place, in any place within the Chief Municipal the municipal area without the permission, in writing, of the Chief Municipal Executive Officer/ Executive Officer/ Municipal Executive Officer. Municipal Executive Officer.

1. (2) The Chief Municipal Executive Officer/Municipal Executive Officer shal1 not grant such permission, if- (a)a licence for the use of the particular site for the purpose of advertisement has not been taken, or
   • (b) the advertisement contravenes any provisions of this Act or the rues or the regulations made thereunder or
   • (c) the tax, if any, due in respect of the advertisement has not been paid.
2. (3) No person shall broadcast any advertisement, on radio or television, without the permission, in writing, of the Chief Municipal Executive Officer/Municipal

building, wall, hoarding, frame, post, kiosk, structure, vehicle, neon sign or sky- Advertisements sign any advertisement, or display any advertisement to public view in any Without written manner whatsoever (including any advertisement exhibited by means of permission of cinematograph), visible from a public skeet or public place, in any place within the Chief Municipal the municipal area without the permission, in writing, of the Chief Municipal Executive Officer/ Executive Officer/ Municipal Executive Officer. Municipal Executive Officer.

1. (2) The Chief Municipal Executive Officer/Municipal Executive Officer shal1 not grant such permission, if- (a)a licence for the use of the particular site for the purpose of advertisement has not been taken, or
   • (b) the advertisement contravenes any provisions of this Act or the rues or the regulations made thereunder or
   • (c) the tax, if any, due in respect of the advertisement has not been paid.
2. (3) No person shall broadcast any advertisement, on radio or television, without the permission, in writing, of the Chief Municipal Executive Officer/Municipal Executive Officer.

1. (1) Except under, and in conformity with, such terms and conditions of a Licence for use of license as the Municipality may, by regulations, provide, no person being the site for purpose of owner lessee, any site in any land, building or wall, or erect, or allow to be advertisement. erected, on any site any hoarding, frame, post, kiosk, structure, vehicle, neon- sign or sky-sign for the purpose of display of any advertisement.
2. (2) For the purpose of advertisement, every person-
   • (a) using any site before the commencement of this Act, within ninety days from the date of such commencement, or
   • (b) intending to use any site, or
   • (c) whose licence for use of any site is about to expire,shall apply for a licence or renewal of licence, as the case may be, to the Chief Municipal Executive Officer/ Municipal Executive Officer in such Form as may be specified by the Municipality.
3. (3) The Chief Municipal Executive Officer/ Municipal Executive Officer shall, after making such inspections may be necessary and within thirty days of the receipt of the application, grant or renew a licence, as the case may be, on payment of such fee as maybe determined by regulations, or refuse or cancel licence, as the case may be.
4. (4) The Chief Municipal Executive Officer/Municipal Executive Officer may, if, in his opinion, the proposed site for any advertisement is unsuitable from the considerations of public safety, traffic hazards or aesthetic design, refuse to grant a licence, or renew any existing licence, within thirty days of the receipt of the application.
5. (5) Every licence shall be for a period of one year exception the case of sites used for any temporary congregation of whatever nature including fairs, festivals, circus, yatra, exhibitions, sports events, or cultural or social programmes.
6. (6) The Chief Municipal Executive Officer/ Municipal Executive Officer shall cause to be maintained a register wherein the licence issued under this section shall be separately recorded in respect of advertisement sites-
   • (a) on telephone, telegraph, tram, electric or other posts or poles erected on or along public or Private streets or Public Places,
   • (b) in lands or buildings, and
   • (c) in cinema-halls, theatres or other places of public resort. 141. ( 1) Every person, who erects, exhibits, fixes or retains upon or over any Tax on land, building, wall, hoarding, frame, post, kiosk, structure, vehicle, neon-sign or advertisement. sky-sign any advertisement, or displays any advertisement to public view in any manner whatsoever (including any advertisement exhibited by means of cinematograph ), visible from a public street or pubic place in any location in a municipal area including an airport or a port or a railway station, shall for every advertisement, which is so erected, exhibited, fixed or retained or so displayed to public view, a tax calculated at such rate as may be determined by regulations : Provided that a surcharge, not exceeding fifty per cent of the rate of tax as aforesaid, may be imposed on any advertisement on display in any temporary congregation of whatever nature including fairs, festivals, circus, yatra, exhibitions, sports events, or cultural or social programmes.
7. (2) Notwithstanding anything contained in subsection(1), no tax shall be levied under this section on any advertisement which-
   • (a) relates to a public meeting or to an election to Parliament or the State Legislature or the Municipality or any other local authority or to candidature in respect of such election, or
   • (b) is exhibited within the window of any building, if the advertisement relates to any trade, profession or business carried on in the building, or
   • (c) relates to any trade, profession or business carried on within the land or the building upon or over which such advertisement is exhibited or to any sale or letting of such land or building or any effects therein or to any sale, entertainment or meeting to be held on, upon or in such land or building, or
   • (d) relates to the name of the land or the building upon or over which the advertisement is exhibited or the name of the owner or the occupier of such land or building, or
   • (e) relates to the business of any airport or port or railway administration, and is exhibited within such airport or port or railway station or upon any wall or other property of an airport, port or railway station, or
   • (f) relates to any activity of the Central Government or the State Government or any local authority.
8. (3) The tax on any advertisement leviable under this section shall be payable in advance in such instalments, and in such manner, as may be determined by regulations; Provided that the Municipality may under such terms and conditions of licence as may be determined by regulations under section 140, require the licensee to collect, and to pay to the Municipality" subject to a deduction of five per cent of the tax, to be kept by him as collection charges, the amount of tax in respect of such advertisements as are displayed on any site for which the licence has been granted.

land, building, wall, hoarding, frame, post, kiosk, structure, vehicle, neon-sign or advertisement. sky-sign any advertisement, or displays any advertisement to public view in any manner whatsoever (including any advertisement exhibited by means of cinematograph ), visible from a public street or pubic place in any location in a municipal area including an airport or a port or a railway station, shall for every advertisement, which is so erected, exhibited, fixed or retained or so displayed to public view, a tax calculated at such rate as may be determined by regulations : Provided that a surcharge, not exceeding fifty per cent of the rate of tax as aforesaid, may be imposed on any advertisement on display in any temporary congregation of whatever nature including fairs, festivals, circus, yatra, exhibitions, sports events, or cultural or social programmes.

1. (2) Notwithstanding anything contained in subsection(1), no tax shall be levied under this section on any advertisement which-
   • (a) relates to a public meeting or to an election to Parliament or the State Legislature or the Municipality or any other local authority or to candidature in respect of such election, or
   • (b) is exhibited within the window of any building, if the advertisement relates to any trade, profession or business carried on in the building, or
   • (c) relates to any trade, profession or business carried on within the land or the building upon or over which such advertisement is exhibited or to any sale or letting of such land or building or any effects therein or to any sale, entertainment or meeting to be held on, upon or in such land or building, or
   • (d) relates to the name of the land or the building upon or over which the advertisement is exhibited or the name of the owner or the occupier of such land or building, or
   • (e) relates to the business of any airport or port or railway administration, and is exhibited within such airport or port or railway station or upon any wall or other property of an airport, port or railway station, or
   • (f) relates to any activity of the Central Government or the State Government or any local authority.
2. (3) The tax on any advertisement leviable under this section shall be payable in advance in such instalments, and in such manner, as may be determined by regulations; Provided that the Municipality may under such terms and conditions of licence as may be determined by regulations under section 140, require the licensee to collect, and to pay to the Municipality" subject to a deduction of five per cent of the tax, to be kept by him as collection charges, the amount of tax in respect of such advertisements as are displayed on any site for which the licence has been granted.

Chief Municipal

1. (a) if the advertisement contravenes the provisions of any regulations made Executive Officer under this Act, or Municipal Executive
2. (b) if any material change is made in the advertisement or any part thereof Officer to be void in without the previous permission of the Chief Municipal Executive certain cases. Officer/Municipal Executive Officer, or
3. (c) if the advertisement or any part thereof falls otherwise than by accident, or
4. (d) if, due to any work by the Central Government, the State Government, or the Municipality, or by any statutory authority, the advertisement is required to be displaced.

site for purpose of

1. (a) if the licensee contravenes any of the terms and conditions of licence, or Advertisement to be
2. (b) if any addition or alteration is made to, or in, the land, building, wall, void in certain hoarding, frame, post, kiosk, structure, vehicle, neon-sign or sky-sigh, cases. upon or over which the advertisement is erected, exhibited, fixed or retained, or
3. (c) If the land, building, wail, hoarding, frame, post, kiosk, structure, vehicle" neon-sign or sky-sign over which the advertisement is erected, exhibited, fixed or retained or demolished or destroyed.

upon or over any land, building, wall, hoarding, frame, post. kiosk, structure, of contravention. vehicle, neon sign or sky-sign or displayed to public street or public place in contravention of the provisions of this Act or the regulations made there under it shall be presumed, unless the contrary is proved, that the contravention has been made by the person or persons on whose behalf the advertisement purports to be or the agents of such person or persons.

of the provisions of this Actor the regulations made thereunder, the Chief Municipal Executive Municipal Executive Officer/ Municipal Executive Officer may require the owner Officer/Municipal or the occupier of the land, building, wall, hoarding, frame, post, kiosk, structure, Executive Officer in

vehicle, neon-sign or sky-sign, fixed or retained to take down or remove such case of advertisement or may enter any land, building or other property and cause the contravention. advertisement to be dismantled, taken down, removed, spoiled, defaced or screened. Explanation I. - The word “structure” in this chapter shall include any movable board on wheels used as on advertisement or advisement medium. Explanation Il.- The word "advertisement", in relation to a tax on advertisement under this Act, shall mean any word, letter, model, sign, neon-sign, sky-sign, placard, notice, device or representation, whether illuminated or not, in the nature of, and employed wholly or in part for the purposes of, advertisement, announcement or direction.

the occupier of any land or building, upon or over which there is any hoarding, hoarding, etc. frame, post, kiosk, structure, vehicle, neon- sign or sky-sign for erecting any advertisement in contravention of the provisions of this Act or the regulations made thereunder, or the person who owns such hoarding, frame, post, kiosk, structure, vehicle, neon-sign or sky-sign, the Chief Municipal Executive Officer Municipal Executive Officer may, for removal and storage of such hoarding, frame, post, kiosk, structure, vehicle, neon-sign or sky-sign, realize from such person such charges as may be fixed by the Empowered Standing Committee from time to time. Chapter-XVIll

1. (1) Subject to the approval of the State Government, the Municipality may Surcharge on tax on ; entertainment. levy a surcharge on any tax levied by the State Government on any entertainment or amusement within tire municipal area.
2. (2) The rate of surcharge and the manner of-
   • (a) collection of the surcharge,
   • (b) payment of the surcharge to the Municipality, and
   • (c) Deduction of the expenses, if any, incurred by the State Government in course of collection of the surcharge, shall be as may be prescribed.

N PH he on consumption.

a surcharge on consumption of electricity within the municipal area at such rates as may be prescribed. 149. (1) The Municipality may levy a tax per head or per vehicle for providing Tax on tourists and

A . . La - congregations. municipal services to persons or vehicles visiting the municipal area for the purpose of tourism or in connection with any congregation of whatever nature, including pilgrimage, fair, festival, circus or yatra, within a municipal area for persons or vehicles assembling within the municipal area for the purpose : Provided that such tax shall not be levied for persons or vehicles passing through the municipal area.

1. (2) The tax for the purposes of sub-section (1) shall be as may be determined by the Municipality from time to time and shall not exceed the levy on passengers therein.
2. (3) The Municipality may make regulations specifying the occasions on which such levy may be imposed and the rate of levy, the mode of collection, and the other matters incidental thereto.

A . . La - congregations. municipal services to persons or vehicles visiting the municipal area for the purpose of tourism or in connection with any congregation of whatever nature, including pilgrimage, fair, festival, circus or yatra, within a municipal area for persons or vehicles assembling within the municipal area for the purpose : Provided that such tax shall not be levied for persons or vehicles passing through the municipal area.

1. (2) The tax for the purposes of sub-section (1) shall be as may be determined by the Municipality from time to time and shall not exceed the levy on passengers therein.
2. (3) The Municipality may make regulations specifying the occasions on which such levy may be imposed and the rate of levy, the mode of collection, and the other matters incidental thereto.

a toll-bar on any public street in the municipal area and levy a toll at such toll-bar

on vehicles at such rate as may be determined by the State Government from time to time. 151. (1) The Municipality may, with the sanction or the Stare Government, establish a toll-bar, and levy tolls, on any bridge at which tolls may be levied on Toll on bridges. vehicles, carriages and carts passing over such bridge: Provided that no such toll-bar be established, or tolls levied, otherwise than for the purpose of recovering the expenses incurred in construction of such bridge together with interest on such expenses and in maintaining such bridge in good repair.

1. (2) The State Government may, with the consent of a Municipality make over to that Municipality any existing toll-bar on a bridge within the municipal area to be administered by the Municipality and, thereupon, the Municipality shall administer such toll-bar until the State Government directs otherwise. Every such toll-bar, while so administered, shall be deemed to be a municipal toll-bar, and the profits derivable there from or such parts thereof as shall be agreed upon between the State Government and the Municipality shall be credited to the Municipal Fund. 152. (1) The Municipality may levy toil on heavy trucks and buses referred to in Toll on heavy truck sub-clause (ii) of clause (1) of sub-section (1) of section 129, plying on a public and bus, Declaration street. of ferries as municipal ferries.
2. (2) The rate of toll for the purposes of sub-section (1) shall be such as may be determined by the Municipality by regulations from time to time.
3. (3) The Municipality may make regulations providing for the mode of collection of toll and other matters incidental thereto. 153. (1) Where a ferry plies between two points on a watercourse and either one Declaration of ferries or both the points are situated within a municipal area, the State Government as municipal ferries. may, after considering the views of the concerned Municipality, declare such ferry to be a municipal ferry, and, thereupon, the profits derivable from the plying of such shall be credited to the Municipal Fund.
4. (2) Due compensation shall be given by the concerned Municipality to any person for the loss which he may have sustained as a result of a ferry being declared to be a municipal ferry.

establish a toll-bar, and levy tolls, on any bridge at which tolls may be levied on Toll on bridges. vehicles, carriages and carts passing over such bridge: Provided that no such toll-bar be established, or tolls levied, otherwise than for the purpose of recovering the expenses incurred in construction of such bridge together with interest on such expenses and in maintaining such bridge in good repair.

1. (2) The State Government may, with the consent of a Municipality make over to that Municipality any existing toll-bar on a bridge within the municipal area to be administered by the Municipality and, thereupon, the Municipality shall administer such toll-bar until the State Government directs otherwise. Every such toll-bar, while so administered, shall be deemed to be a municipal toll-bar, and the profits derivable there from or such parts thereof as shall be agreed upon between the State Government and the Municipality shall be credited to the Municipal Fund.

sub-clause (ii) of clause (1) of sub-section (1) of section 129, plying on a public and bus, Declaration street. of ferries as municipal ferries.

1. (2) The rate of toll for the purposes of sub-section (1) shall be such as may be determined by the Municipality by regulations from time to time.
2. (3) The Municipality may make regulations providing for the mode of collection of toll and other matters incidental thereto.

or both the points are situated within a municipal area, the State Government as municipal ferries. may, after considering the views of the concerned Municipality, declare such ferry to be a municipal ferry, and, thereupon, the profits derivable from the plying of such shall be credited to the Municipal Fund.

1. (2) Due compensation shall be given by the concerned Municipality to any person for the loss which he may have sustained as a result of a ferry being declared to be a municipal ferry.

administration of public ferries, the Municipality shall specify by regulations- municipal ferries.

1. (a) the terms and conditions for granting of lease of municipal ferries in favour of private parties,
2. (b) the rates of tolls to be established and published for such municipal ferries,
3. (c) the grounds for cancellation of ferry leases,
4. (d) the administration of a municipal ferry involving another Municipality or local authority,
5. (e) provisions for safety and convenience of passengers and goods, and
6. (f) Provisions for exemptions from payment of toll for municipal ferries in the case of authorized representatives and properties of the Central

1. (1) If, the State Government, at any time, declares that the provisions of Municipality to any law relating to canals or any other law for the time being in force are collect tolls in applicable to any navigable channel which passes through the limits of a navigable channel. municipal area, that Government may with the consent of the concerned Municipality, appoint such Municipality to collect tolls in accordance with the provisions of such law until the State Government otherwise directs, and the profits derivable there from, or such part thereof as may be agreed upon between the State Government and the Municipality, shall be credited to the Municipal Fund.
2. (2) In every such case, the Municipality shall exercise all the powers vested in the Collector under the law as aforesaid. Chapter-XIX Payment and Recovery of Taxes A. Recovery of Taxes by Municipality Manner of

be recovered in accordance with the following procedure and in such manner as taxes under the may be determined by regulations :- Act.

1. (a) by presenting a bill, or
2. (b) be serving a notice of demand, or
3. (c) by distraint and sale of a defaulter's movable property, or
4. (d) by attachment and sale of a defaulter's immovable property, or
5. (e) in the case of property tax on any land or building, by attachment of rent due in respect of such land or building, or
6. (f) By a certificate under any law for the time being in force regulating the recovery of any dues as public demand. 157. (1) Save as otherwise provided in this Act, any tax levied under this Act Time and manner of shall be payable on such date, in such number of instalments, and in such payment of taxes. manner, as may be determined by regulations.

1. (2) If any amount due is paid on or before the date referred to in sub-section (I), a rebate of five per cent of such amount shall be allowed. 158. (1) When any tax has become due, the Chief Municipal Executive Officer/ Presentation of bill. Municipal Executive Officer shall cause to be presented to the person liable for the permanent thereof a bill for the amount due : provided that no such bill shall be necessary in the case of-
   • (a) a tax on advertisements,
   • (b) a tax on tourists and congregations, and
   • (c) atoll: Provided further that for the purpose of recovery of any tax by the preparation and presentation of a bill or notice of demand and the collection of tax in pursuance thereof, the Empowered Standing Committee may, with the approval of the Municipality, entrust the work tony agency under any law for the time being in force, or to any other agency, on such terms and conditions as may be specified by regulations. Explanation I. - A bill shall be deemed to be presented under this section if it is sent by post under certificate of posting or by courier agency or be electronics mail to the person liable for payment of the amount included in the bill, and, in such case, the date of certificate of posting, or the date on which it is delivered by date of certificate or by electronic mail shall be deemed to be the date of presentation of the bill to such person. Explanation Il. - “courier agency" shall mean any agency engaged in door delivery of time-sensitive documents, utilizing the services of a person, either directly or indirectly, to carry such documents. Explanation III. - “electronic mail" shall include-mail or facsimile transmission.
2. (2) Every such bill shall specify the particulars of the tax and the period to which the bill relates.

1. (1) Save as otherwise provided in this Act, any tax levied under this Act Time and manner of shall be payable on such date, in such number of instalments, and in such payment of taxes. manner, as may be determined by regulations. (2) If any amount due is paid on or before the date referred to in sub-section (I), a rebate of five per cent of such amount shall be allowed.

shall be payable on such date, in such number of instalments, and in such payment of taxes. manner, as may be determined by regulations.

1. (2) If any amount due is paid on or before the date referred to in sub-section (I), a rebate of five per cent of such amount shall be allowed.

Municipal Executive Officer shall cause to be presented to the person liable for the permanent thereof a bill for the amount due : provided that no such bill shall be necessary in the case of-

1. (a) a tax on advertisements,
2. (b) a tax on tourists and congregations, and
3. (c) atoll: Provided further that for the purpose of recovery of any tax by the preparation and presentation of a bill or notice of demand and the collection of tax in pursuance thereof, the Empowered Standing Committee may, with the approval of the Municipality, entrust the work tony agency under any law for the time being in force, or to any other agency, on such terms and conditions as may be specified by regulations. Explanation I. - A bill shall be deemed to be presented under this section if it is sent by post under certificate of posting or by courier agency or be electronics mail to the person liable for payment of the amount included in the bill, and, in such case, the date of certificate of posting, or the date on which it is delivered by date of certificate or by electronic mail shall be deemed to be the date of presentation of the bill to such person. Explanation Il. - “courier agency" shall mean any agency engaged in door delivery of time-sensitive documents, utilizing the services of a person, either directly or indirectly, to carry such documents. Explanation III. - “electronic mail" shall include-mail or facsimile transmission.

1. (2) Every such bill shall specify the particulars of the tax and the period to which the bill relates.

regulations, provide for- regarding payment and recovery of tax.

1. (a) issue of notice of demand, charging of notice fee, levy of interest of delayed payment at a rate as may be specified, and the amount of penalty therefore,
2. (b) issue of warrant for attachment, distress, and sale of movable property for recovery of tax dues,
3. (c) attachment and sale of immovable property for recovery of tax dues, and
4. (d) Recovery of dues from a person about to leave the Municipal area. 160. (1) For the purpose of recovery of property tax on any land or building from Requirement of any occupier, the Chief Municipal Executive Officer Municipal Executive Officer payment of rent by shall, notwithstanding anything contained in any State law relating to premises occupier towards tax tenancy or any other law for the time being in force, cause to be served on such due on land or occupier a notice requiring him to pay to the Municipality any rent due, or falling building. due, from him in respect of the land or the building to the extent necessary to satisfy the portion of the sum due for which he is liable under the said section.

1. (2) Such notice shall operate as an attachment of such rent unless the portion of the sum due shall have paid and satisfied, and the occupier shall be entitled to credit in account with the person to whom such rent is due, any sum paid by him to the Municipality in pursuance of such notice: Provided that if the person to whom such rent is due is not the person primarily liable for payment of the tax on land or building, he shall be entitled to recover from the person primarily liable for payment of such tax any amount for which credit is claimed.
2. (3) If any occupier fails to pay to the Municipality any rent due or falling due which he has been required to pay in pursuance of a notice served upon him as aforesaid, the amount of such rent may be recovered from him by the Municipality as an arrear of tax under this Act. 161. ( 1) If any money is due under this Act from the owner of any land or Recovery of property building on account of tax on such land or building or any other tax, expense or tax on land and charge recoverable under this Act, and if the owner of such land or building is building or any other unknown or the ownership thereof is disputed, the Municipal Executive Officer tax or charge when may publish twice, at an interval of not less than two months, a notification of owner of land or such dues interval of not less than two months, a notification of such dues and building is unknown of sale of such land or building for realization thereof, and may, after the expiry or ownership is of not less than one month from the date of last publication of such notification, disputed. unless the amount recoverable last publication of such notification, unless the amount recoverable is paid, sale such land or building by public auction to the highest bidder, who shall deposit, at the time of sale, twenty-five per cent of the purchase money, and the balance thereof within thirty days of the date of sale. Such notification shall be published in the Official Gazette and in local Newspapers and by displaying on the land or the building concerned.
3. (2) After deducting the amount due to the Municipality as aforesaid, the surplus sale proceeds, if any, shall be credited to the Municipal Fund and may be paid, on demand, to any person who establishes his right thereto to the satisfaction of the Chief Municipal Executive Officer/ Municipal Executive Officer or a court of competent jurisdiction.
4. (3) Any person may pay the amount due at any time before the completion for the sale, whereupon the sale be abandoned. Such person may recover such amount by a suit in a court of competent jurisdiction from any person beneficially interested in such land or building. 162. (1) When any sum is due from any person on account of- Power of Chief Municipal Executive
   • (a) Tax on advertisements other than the advertisements published in Officer/Municipal Newspapers. Or Executive Officer to
   • (b) any other tax, fee or charge liveable under this Act, the Chief Municipal prosecute or serve Executive Officer/ Municipal Executive Officer may either prosecute such notice of demand. person, if prosecution lies under the provisions of this Act, or cause to be served on such person a notice of demand in such Form as may be specified by regulations or in such other Form as the Chief Municipal Executive Officer/ Municipal Executive Officer may deem fit.
5. (2) The provisions of section 159 shall apply mutatis mutandis, to every such recovery of sum due.

1. (1) For the purpose of recovery of property tax on any land or building from Requirement of any occupier, the Chief Municipal Executive Officer Municipal Executive Officer payment of rent by shall, notwithstanding anything contained in any State law relating to premises occupier towards tax tenancy or any other law for the time being in force, cause to be served on such due on land or occupier a notice requiring him to pay to the Municipality any rent due, or falling building. due, from him in respect of the land or the building to the extent necessary to satisfy the portion of the sum due for which he is liable under the said section. (2) Such notice shall operate as an attachment of such rent unless the portion of the sum due shall have paid and satisfied, and the occupier shall be entitled to credit in account with the person to whom such rent is due, any sum paid by him to the Municipality in pursuance of such notice: Provided that if the person to whom such rent is due is not the person primarily liable for payment of the tax on land or building, he shall be entitled to recover from the person primarily liable for payment of such tax any amount for which credit is claimed. (3) If any occupier fails to pay to the Municipality any rent due or falling due which he has been required to pay in pursuance of a notice served upon him as aforesaid, the amount of such rent may be recovered from him by the Municipality as an arrear of tax under this Act.

any occupier, the Chief Municipal Executive Officer Municipal Executive Officer payment of rent by shall, notwithstanding anything contained in any State law relating to premises occupier towards tax tenancy or any other law for the time being in force, cause to be served on such due on land or occupier a notice requiring him to pay to the Municipality any rent due, or falling building. due, from him in respect of the land or the building to the extent necessary to satisfy the portion of the sum due for which he is liable under the said section.

1. (2) Such notice shall operate as an attachment of such rent unless the portion of the sum due shall have paid and satisfied, and the occupier shall be entitled to credit in account with the person to whom such rent is due, any sum paid by him to the Municipality in pursuance of such notice: Provided that if the person to whom such rent is due is not the person primarily liable for payment of the tax on land or building, he shall be entitled to recover from the person primarily liable for payment of such tax any amount for which credit is claimed.
2. (3) If any occupier fails to pay to the Municipality any rent due or falling due which he has been required to pay in pursuance of a notice served upon him as aforesaid, the amount of such rent may be recovered from him by the Municipality as an arrear of tax under this Act.

building on account of tax on such land or building or any other tax, expense or tax on land and charge recoverable under this Act, and if the owner of such land or building is building or any other unknown or the ownership thereof is disputed, the Municipal Executive Officer tax or charge when may publish twice, at an interval of not less than two months, a notification of owner of land or such dues interval of not less than two months, a notification of such dues and building is unknown of sale of such land or building for realization thereof, and may, after the expiry or ownership is of not less than one month from the date of last publication of such notification, disputed. unless the amount recoverable last publication of such notification, unless the amount recoverable is paid, sale such land or building by public auction to the highest bidder, who shall deposit, at the time of sale, twenty-five per cent of the purchase money, and the balance thereof within thirty days of the date of sale. Such notification shall be published in the Official Gazette and in local Newspapers and by displaying on the land or the building concerned.

1. (2) After deducting the amount due to the Municipality as aforesaid, the surplus sale proceeds, if any, shall be credited to the Municipal Fund and may be paid, on demand, to any person who establishes his right thereto to the satisfaction of the Chief Municipal Executive Officer/ Municipal Executive Officer or a court of competent jurisdiction.
2. (3) Any person may pay the amount due at any time before the completion for the sale, whereupon the sale be abandoned. Such person may recover such amount by a suit in a court of competent jurisdiction from any person beneficially interested in such land or building.

Municipal Executive

1. (a) Tax on advertisements other than the advertisements published in Officer/Municipal Newspapers. Or Executive Officer to
2. (b) any other tax, fee or charge liveable under this Act, the Chief Municipal prosecute or serve Executive Officer/ Municipal Executive Officer may either prosecute such notice of demand. person, if prosecution lies under the provisions of this Act, or cause to be served on such person a notice of demand in such Form as may be specified by regulations or in such other Form as the Chief Municipal Executive Officer/ Municipal Executive Officer may deem fit.

1. (2) The provisions of section 159 shall apply mutatis mutandis, to every such recovery of sum due.

any sum due on account of the property tax or any other tax or on any other account which may appear to it to be irrecoverable. Cancellation of 163 Irrecoverable dues. B. Recovery of Tax on Lands or Buildings by person Primarily Liable to pay to the Municipality 164. (1) Save as otherwise provided in this Act, the person primarily liable to pay Apportionment of the property tax in respect of any land or building may recover,- property tax on lands and buildings

1. (a) If there be but one occupier of the land or the building, from such by person primarily occupier half of the tax so paid. and, if there be more than one occupier, liable to pay. from each occupier half of such sum as bears to the entire amount of tax so paid by the owner the same proportion as the value of the portion of the land or the building in the occupation of such occupier bears to the entire value of such land or building : Provided that if there be more than one occupier, such half of the amount may be apportioned and recovered from each such occupier in such proportion as the annual value of the portion occupied by him bears to the total annual value of such land or building; and
2. (b) the entire amount of the surcharge on the property tax on any land or building from the occupier of such land or building who uses it for commercial or non-residential purposes : Provided that if there is more than one occupier, the amount of surcharge on the property tax may be apportioned and recovered from each such occupier in such proportion as the annual value of the portion occupied by him bears to the total annual value of such land or building.

1. (2) Notwithstanding anything contained in subsection (1), if as a result of the determination of the annual value of any land or building and the imposition of the property tax thereon under this Act for the first time, there is an increase in the amount of tax payable in respect of such land or building from the amount of tax previously payable under this chapter, the person primarily liable to pay the property tax may recover the difference in the amount due to such increase from the occupier of such land or building.

1. (1) Save as otherwise provided in this Act, the person primarily liable to pay Apportionment of the property tax in respect of any land or building may recover,- property tax on lands and buildings (a) If there be but one occupier of the land or the building, from such by person primarily occupier half of the tax so paid. and, if there be more than one occupier, liable to pay. from each occupier half of such sum as bears to the entire amount of tax so paid by the owner the same proportion as the value of the portion of the land or the building in the occupation of such occupier bears to the entire value of such land or building : Provided that if there be more than one occupier, such half of the amount may be apportioned and recovered from each such occupier in such proportion as the annual value of the portion occupied by him bears to the total annual value of such land or building; and (b) the entire amount of the surcharge on the property tax on any land or building from the occupier of such land or building who uses it for commercial or non-residential purposes : Provided that if there is more than one occupier, the amount of surcharge on the property tax may be apportioned and recovered from each such occupier in such proportion as the annual value of the portion occupied by him bears to the total annual value of such land or building. (2) Notwithstanding anything contained in subsection (1), if as a result of the determination of the annual value of any land or building and the imposition of the property tax thereon under this Act for the first time, there is an increase in the amount of tax payable in respect of such land or building from the amount of tax previously payable under this chapter, the person primarily liable to pay the property tax may recover the difference in the amount due to such increase from the occupier of such land or building.

the property tax in respect of any land or building may recover,- property tax on lands and buildings

1. (a) If there be but one occupier of the land or the building, from such by person primarily occupier half of the tax so paid. and, if there be more than one occupier, liable to pay. from each occupier half of such sum as bears to the entire amount of tax so paid by the owner the same proportion as the value of the portion of the land or the building in the occupation of such occupier bears to the entire value of such land or building : Provided that if there be more than one occupier, such half of the amount may be apportioned and recovered from each such occupier in such proportion as the annual value of the portion occupied by him bears to the total annual value of such land or building; and
2. (b) the entire amount of the surcharge on the property tax on any land or building from the occupier of such land or building who uses it for commercial or non-residential purposes : Provided that if there is more than one occupier, the amount of surcharge on the property tax may be apportioned and recovered from each such occupier in such proportion as the annual value of the portion occupied by him bears to the total annual value of such land or building.

1. (2) Notwithstanding anything contained in subsection (1), if as a result of the determination of the annual value of any land or building and the imposition of the property tax thereon under this Act for the first time, there is an increase in the amount of tax payable in respect of such land or building from the amount of tax previously payable under this chapter, the person primarily liable to pay the property tax may recover the difference in the amount due to such increase from the occupier of such land or building.

or surcharge thereon is entitled to recover part of such property tax or surcharge thereon from an occupier of such land or building, he shall have for recovery thereof the same rights and remedies as if such part of the property tax or the surcharge thereon were rent payable to him by such occupier. Chapter-XX Commercial Projects |

agencies, undertake the planning, construction, operation, maintenance or baled receipts there management of commercial infrastructure projects, including district centres, : bus or truck terminals and tourist lodges with commercial complexes and any other type of commercial projects on commercial basis. URBAN ENVIRONMENTAL INFRASTRUCTURE AND SERVICES Chapter-XXI Private Sector Participation Agreement and Assignment to other Agencies

the provisions of any State law relating to planning, development, operation, project . by maintenance and management of municipal infrastructure and services, a Municipality or by Municipality may in the discharge of its functions specified in section 47, section other agency.

48, and section 49,-

1. (a) Promote the undertaking of any project for supply of urban environmental infrastructure or services by participation of a company, firm, society, trust or anybody corporate or any institution. or Government agency or any agency under any other law for the time being in force, in financing, construction, maintenance and operation of such project of a Municipality irrespective of its cost,
2. (b) consider and approve the undertaking of any project relating to urban environmental infrastructure or services by a company, or firm, or society or body corporate in terms of a private sector participation agreement or jointly with any such agency, and
3. (c) Consider and approve the undertaking of any project relating to urban environmental infrastructure or services by any institution, or Government agency under any other law for the time being in force, or jointly with any such agency. 168. (1) Private sector participation agreements shall be such as may be Functions assigned prescribed. to Municipality or other agencies.

1. (2) Without prejudice to the generality of the foregoing provisions of this section, such agreements shall include the following:
   • (a) Build-Own-Operate-Transfer Agreement,
   • (b) Build-Own-Operate Maintain Agreement,
   • (c) Build and Transfer Agreement,
   • (d) Build-Lease-Transfer Agreement,
   • (e) Build-Transfer-Operate Agreement,
   • (f) Lease and Management Agreement,
2. (9) Management Agreement,
   • (h) Rehabilitate-Operate-Transfer Agreement,
     • (i) Rehabilitate-Own-Operate Maintain Agreement,
   • (j) Service Contract Agreement, and
   • (k) Supply-Operate-Transfer agreement.

prescribed. to Municipality or

other agencies.

1. (2) Without prejudice to the generality of the foregoing provisions of this section, such agreements shall include the following:
   • (a) Build-Own-Operate-Transfer Agreement,
   • (b) Build-Own-Operate Maintain Agreement,
   • (c) Build and Transfer Agreement,
   • (d) Build-Lease-Transfer Agreement,
   • (e) Build-Transfer-Operate Agreement,
   • (f) Lease and Management Agreement,
2. (9) Management Agreement,
   • (h) Rehabilitate-Operate-Transfer Agreement,
     • (i) Rehabilitate-Own-Operate Maintain Agreement,
   • (j) Service Contract Agreement, and
   • (k) Supply-Operate-Transfer agreement.

infrastructure and services in relation to water- supply, drainage and sewerage,

solid waste management, communication systems and commercial infrastructure, the Municipality may, wherever considered appropriate in the public interest,-

1. (a) discharge any of its obligations on its own, or
2. (b) Enter into any private sector participation agreement. Chapter — XXII Water-Supply A. General

(a) where the premises supplied with water abuts on the part of the street in Definitions which the main is laid, and the service pipe enters those premises : otherwise than through the outer wall of a building, abutting on the street and has a stopcock placed in those premises and as near to the boundary of that street as is reasonably practicable, so much of the service pipe as lies between the main and such stopcock, and (b) in any other case, so much of the service pipes lies between the main and the boundary of the street in which the main is laid, and includes the female at the junction of the service pipe with the main, and also includes, - i. where the communication pipe ends at a stopcock, such stopcock, and ii. any stopcock fitted on the communication pipe between the end thereof and the main; (2) "main" means a pipe laid by the Municipality for the purpose of giving a general supply of water as distinct from a supply to individual consumers, and includes any apparatus used in the connection with such Pipe; (3) "service-pipe" means so much of any pipe for supplying water from a main to any premises as is subject to water-pressure from that main, or would- be so subject but for the closing of any tap; (4) "supply-pipe" means so much of any service pipe as is nor a communication pipe; (5) "trunk-main" means a main constructed for the purpose of conveying water from a source of supply to a filter or reservoir or from one filter or reservoir to another filter or reservoir, or for the purpose of conveying water in bulk from one part of the limits of supply to another part of such limits, or for the purpose of giving, or taking, a supply of water in bulk, (6) "water-fittings" includes pipes (other than mains), taps cocks, valves, ferrules, meters, cisterns, baths and other similar apparatus used in connection with the supply and use of water. B.

1. (1) It shall be the duty of the Municipality to rake steps, from time to time, either on its own or through any other agency,-
   • (a) to ascertain the sufficiency and wholesomeness of water supplied within the Municipal area,
   • (b) to provide, or to arrange to provide, a supply of wholesome water in pipes to every part of the Municipal area in which there are houses, for domestic purposes of the occupants thereof, and for taking the pipes affording that supply to such point or points as will enable the houses to be connected thereto at a reasonable cost, so, however, that the Municipality shall not be required to do anything which is not practicable at a reasonable cost or to provide such supply to any part of the Municipal area where supply is already available at such point or points, and
   • (c) to provide, as far as possible, supply of wholesome water otherwise than in pipes to every part of the Municipal area in which there are houses, for domestic purposes of the occupants thereof, and to which it is not practicable to provide supply in pipes at a reasonable cost, and in which danger to health may arise from the insufficiency or unwholesomeness of the existing supply and a public supply is required and may be provided at a reasonable cost, and to secure that such supply is available within a reasonable distance of every house in that part’
2. (2) If any question arises under clause (b) of subsection (1) as to whether anything is or is not practicable at a reasonable cost or as to the point or points to which pipes must be taken in order to enable houses to be connected to such point or points at a reasonable cost, or, if any question arises under clause (c) of that sub-section as to whether a public supply may be provided at a reasonable cost, such question shall be decided by the

1. (1) The Chief Municipal Executive Officer/ Municipal Executive Officer may, Supply of water to on an application by the owner, lessee or occupier or any building' either on his Connected own or through any other agency’ arrange for supply of water from the nearest premises. main to such building for domestic purposes in such quantity as may be deemed to be reasonable and may" at any time., limit the quantity of water to be supplied whenever considered necessary: Provided that the Chief Municipal Executive Officer/ Municipal Executive Officer may' by order in writing, delegate the responsibility of receiving the application to any other agency.
2. (2) For the water supplied under sub-section (1) payment shall be made at such rate as may be fixed by the Municipal from time to time: Provided that such rate shall, as far as practicable, cover the costs on account of management, operation, maintenance, depreciation, debt servicing, and other charges related to waterworks and distribution costs, including distribution-losses, if any.
3. (3) A supply of water for domestic purposes shall be deemed not to include a supply-
   • (a) to any institutional building, assembly building, business building, mercantile building, industrial building, storage building, or hazardous building, referred to in clause (2) of section 339, or any part of such building, other than that used as a residential building, or educational building, within the meaning of sub-clause (a), or sub-clause (b), of clause (2) of that section,
   • (b) for building purposes,
   • (c) for watering roads and paths,
   • (d) For purposes of irrigation,
   • (e) for gardens, fountains, swimming pools, or for any ornamental or mechanical purpose, or
   • (f) for animals or for washing vehicles where such animals or vehicles are kept for sale or hire. 173. (I) The Chief Municipal Executive Officer Municipal Executive Officer or the Supply of water for other agency, as the case may be, may, on receiving an application, in writing, non-domestic specifying the purpose for which the supply of water is required and the quantity purposes. which is likely to be consumed, supply water for any purpose other than domestic purpose, on such terms and conditions, including the condition of withdrawal of water, as may be determined by regulations.
4. (2) For the water supplied under sub-section (I), payment shall be made at such rate as may be fixed by the Municipality from time to time.
5. (3) The Chief Municipal Executive Officer/ Municipal Executive Officer may withdraw such supply at any time, if he thinks it necessary so to do, in order to maintain a sufficient supply of water for domestic Purpose. 174. (1) When an application under section, 172 or section 173 has been Provision of receive, all necessary communication pipes and fittings shall be supplied by the Communication Municipality or the other, Agency, as the case may be, and the work of laying pipes and fittings. and connecting such communication pipes and fittings shall be executed under the orders of the Chief Municipal Executive Officer/ Municipal Executive Officer or the other agency, as the case may be.
6. (2) The cost of making such connections and of such communications pipes and fittings and bf the work of laying and connecting such communication pipes and fittings shall be paid by the owner or the person making such application.
7. (3) Notwithstanding anything contained in subsection (1), the Chief Municipal Executive officer/ Municipal Executive Officer may require any owner, or the person applying for supply of water, to provide, to his satisfaction, all Communication pipes and fittings, and to carry out at the owner's or the applicant's cost and under his supervision and inspection the work of laying and correcting such communication pipes and fittings.
8. (4) Where it is practicable of supply water at a reasonable cost within the meaning of sub-section (2) of section 17 1 , the work relating to making of correction and fixing of communication pipes and fittings shall be executed within a period of one month from the date of receipt of the application referred to in sub-section (1).
9. (5) The cost recovered under this section for making connection and supplying communication pipes and fittings shall be spent only on works relating to water-supply. 175. (1) The Municipality may" in exceptional circumstances, either on its own or Water-supply through other agency, provide free of cost, supply of wholesome water to the through hydrants, public within the municipal area and may, for the said purpose, erect public stand posts and hydrants or stand-posts or other conveniences. other conveniences.
10. (2) The Municipality may order the closure of a public hydrant, stand-post or other conveniences for reasons to be recorded in writing.
11. (3) The Municipality may either on its own or through other agency provide for safety, maintenance and use of such public hydrants, stand-posts or other conveniences, subject to such conditions as may be specified by regulations. 176. (1) The Chief Municipal Executive Officer/ Municipal Executive Officer Provision for fire shall, either on his own or through other agency, fix hydrants on water-mains, hydrants. other than trunk mains, at such places as may be most convenient for affording supply of water for extinguishing any fire, and shall keep in good order such hydrants, and may, from time to time, renew every such hydrant.
12. (2) Letters, marks or figures shall be displayed prominently on a wall, building or other structure near every such hydrant to denote the situation of such hydrant.
13. (3) As soon as the work relating to any hydrant is completed, the Chief Municipal Executive Officer/Municipal Executive Officer or the other agency, as the case may be, shall deposit a key thereof at the nearest place where a public fire engine is kept and in such other places as he may deem necessary.
14. (4) The Chief Municipal Executive Officer/ Municipal Executive Officer may, at the request and expense of the owner or the occupier of any building referred to in clause (a) of sub-section (3) of section 172, which is situated in or near a street in which pipe, not being a trunk main, is laid, and being c sufficient dimensions to carry a hydrant, fix on the pipe, and deep in good order and, from time to time, renew, on or more fire hydrants as near to such building as may be convenient, to be use only for extinguishing fire.
15. (5) The Chief Municipal Executive Officer/ Municipal Executive Officer shall allow any person to take water for extinguishing fire from any pipe on which a hydrant is fixed without any payment. 177. (1) The Municipality may, subject to the satisfaction of the reasonable Supply of water to requirements of water within the municipal area, supply water to a local authority areas outside or any person outside the municipal area either by itself or through any other municipal area. agency.
16. (2) The supply of water under sub-section (1) shall be at such rate, not being less than the cost of production and delivery, including the costs of debt servicing, depreciation of plant and machinery distribution-loss, and other charges’ if any' as the Municipality may, from time to time, determine. C.

other agency, as the case may be, may, on receiving an application, in writing, non-domestic specifying the purpose for which the supply of water is required and the quantity purposes. which is likely to be consumed, supply water for any purpose other than domestic purpose, on such terms and conditions, including the condition of withdrawal of water, as may be determined by regulations.

1. (2) For the water supplied under sub-section (I), payment shall be made at such rate as may be fixed by the Municipality from time to time.
2. (3) The Chief Municipal Executive Officer/ Municipal Executive Officer may withdraw such supply at any time, if he thinks it necessary so to do, in order to maintain a sufficient supply of water for domestic Purpose.

1. (1) When an application under section, 172 or section 173 has been Provision of receive, all necessary communication pipes and fittings shall be supplied by the Communication Municipality or the other, Agency, as the case may be, and the work of laying pipes and fittings. and connecting such communication pipes and fittings shall be executed under the orders of the Chief Municipal Executive Officer/ Municipal Executive Officer or the other agency, as the case may be. (2) The cost of making such connections and of such communications pipes and fittings and bf the work of laying and connecting such communication pipes and fittings shall be paid by the owner or the person making such application. (3) Notwithstanding anything contained in subsection (1), the Chief Municipal Executive officer/ Municipal Executive Officer may require any owner, or the person applying for supply of water, to provide, to his satisfaction, all Communication pipes and fittings, and to carry out at the owner's or the applicant's cost and under his supervision and inspection the work of laying and correcting such communication pipes and fittings. (4) Where it is practicable of supply water at a reasonable cost within the meaning of sub-section (2) of section 17 1 , the work relating to making of correction and fixing of communication pipes and fittings shall be executed within a period of one month from the date of receipt of the application referred to in sub-section (1). (5) The cost recovered under this section for making connection and supplying communication pipes and fittings shall be spent only on works relating to water-supply.

receive, all necessary communication pipes and fittings shall be supplied by the Communication Municipality or the other, Agency, as the case may be, and the work of laying pipes and fittings. and connecting such communication pipes and fittings shall be executed under the orders of the Chief Municipal Executive Officer/ Municipal Executive Officer or the other agency, as the case may be.

1. (2) The cost of making such connections and of such communications pipes and fittings and bf the work of laying and connecting such communication pipes and fittings shall be paid by the owner or the person making such application.
2. (3) Notwithstanding anything contained in subsection (1), the Chief Municipal Executive officer/ Municipal Executive Officer may require any owner, or the person applying for supply of water, to provide, to his satisfaction, all Communication pipes and fittings, and to carry out at the owner's or the applicant's cost and under his supervision and inspection the work of laying and correcting such communication pipes and fittings.
3. (4) Where it is practicable of supply water at a reasonable cost within the meaning of sub-section (2) of section 17 1 , the work relating to making of correction and fixing of communication pipes and fittings shall be executed within a period of one month from the date of receipt of the application referred to in sub-section (1).
4. (5) The cost recovered under this section for making connection and supplying communication pipes and fittings shall be spent only on works relating to water-supply.

through other agency, provide free of cost, supply of wholesome water to the through hydrants, public within the municipal area and may, for the said purpose, erect public stand posts and hydrants or stand-posts or other conveniences. other conveniences.

1. (2) The Municipality may order the closure of a public hydrant, stand-post or other conveniences for reasons to be recorded in writing.
2. (3) The Municipality may either on its own or through other agency provide for safety, maintenance and use of such public hydrants, stand-posts or other conveniences, subject to such conditions as may be specified by regulations.

shall, either on his own or through other agency, fix hydrants on water-mains, hydrants. other than trunk mains, at such places as may be most convenient for affording supply of water for extinguishing any fire, and shall keep in good order such hydrants, and may, from time to time, renew every such hydrant.

1. (2) Letters, marks or figures shall be displayed prominently on a wall, building or other structure near every such hydrant to denote the situation of such hydrant.
2. (3) As soon as the work relating to any hydrant is completed, the Chief Municipal Executive Officer/Municipal Executive Officer or the other agency, as the case may be, shall deposit a key thereof at the nearest place where a public fire engine is kept and in such other places as he may deem necessary.
3. (4) The Chief Municipal Executive Officer/ Municipal Executive Officer may, at the request and expense of the owner or the occupier of any building referred to in clause (a) of sub-section (3) of section 172, which is situated in or near a street in which pipe, not being a trunk main, is laid, and being c sufficient dimensions to carry a hydrant, fix on the pipe, and deep in good order and, from time to time, renew, on or more fire hydrants as near to such building as may be convenient, to be use only for extinguishing fire.
4. (5) The Chief Municipal Executive Officer/ Municipal Executive Officer shall allow any person to take water for extinguishing fire from any pipe on which a hydrant is fixed without any payment.

1. (1) The Municipality may, subject to the satisfaction of the reasonable Supply of water to requirements of water within the municipal area, supply water to a local authority areas outside or any person outside the municipal area either by itself or through any other municipal area. agency. (2) The supply of water under sub-section (1) shall be at such rate, not being less than the cost of production and delivery, including the costs of debt servicing, depreciation of plant and machinery distribution-loss, and other charges’ if any' as the Municipality may, from time to time, determine.

requirements of water within the municipal area, supply water to a local authority areas outside or any person outside the municipal area either by itself or through any other municipal area. agency.

1. (2) The supply of water under sub-section (1) shall be at such rate, not being less than the cost of production and delivery, including the costs of debt servicing, depreciation of plant and machinery distribution-loss, and other charges’ if any' as the Municipality may, from time to time, determine.

Subject to the provisions of chapter XXI all public tanks, reservoir, cisterns, Public tank b-soil wells, tube-wells, aqueducts, conduits, tunnels, pipes, taps and other o 1c o . su et waterworks' whether made, laid of erected at the cost met from the Municipal by er © oh 0 vest in Fund or otherwise, and all bridges buildings works, material and things unicipality. connected therewith, or appertaining thereto’ and any adjacent land, not being private property’ appertaining to any such water-source, which are situated within the municipal area, shall vest in the Municipality.

shall vest in the Municipality.

providing the municipal area with propel and sufficient supply of for public and orks I oo © he en private uses the Municipality, either on its own or through any other agency,- Or supply of water.

1. (a) shall cause to be constructed or maintained such tanks, reservoirs, engines, pipes' taps' and other water works as may be necessary within or outside the municipal area,
2. (b) may purchase, or take on lease, any waterworks or rights, to store or to take and convey water within or outside the municipal area, and
3. (c) May enter into any agreement with any person or authority for the supply of water : Provided that the Municipal may, with the approval of the State Government, make over to, or take over from, a statutory body any waterworks so as to do anything which may be necessary or expedient for the purpose of carrying out its functions under this Act or under any other law for the time being in force. 181. (1) Subject to the provisions of chapter XXI, the Chief Municipal Executive Management of Officer/ Municipal Executive Officer shall, either on his own or through any other water works. agency, manage all waterworks and allied facilities belonging to the Municipality and shall maintain the same in good repair and efficient condition and shall cause to be done, from time to time, all such things as shall be necessary or expedient for improving such waterworks and facilities. 182. (1) The Chief Municipal Executive Officer/ Municipal Executive Officer Purity of water for shall, either on his own or through any other agency, at all times, ensure that the Domestic purpose. water in any waterworks belonging to the Municipality, from which water is supplied for domestic purposes, is wholesome.

1. (2) The Municipality or the other agency, as the case may be, shall, when so required by any competent authority under any law for the time being in force, arrange for the examination of water supplied for human consumption for the purpose of determining whether the water is wholesome. 183. (1) No person, being the occupier of any premises to which water is Water not to be supplied by the municipality or any other agency, as the case may be, under this wasted. chapter, shall, on account of negligence or other circumstances under the control of such occupier, allow the water to be wasted, or allow the pipes, works or fittings for the supply of water in his premises to be out of repair causing thereby waste of water.
2. (2) No person shall unlawfully flood, or draw off divert, or take water from, any waterworks belonging to, or under the control of, the Municipality, or from any watercourse or stream by which such waterworks is supplied.
3. (3) Any person who contravenes the provisions of this section shall be liable to such fine not exceeding ten thousand rupees as may be determined by regulations. D. Tube-wells and Wells 184. (1) No person shall, except with the prior permission, in writing of the Chief Prohibition regarding Municipal Executive Officer/Municipal Executive Officer’ sink any tube well or dig sinking of rube wells or construct any new well, tank, pond, cistern or fountain in any municipal area. or digging of wells etc.
4. (2) The Chief Municipal Executive Officer/ Municipal Executive Officer may grant such permission, and may issue a licence for the purposes of subsection (1), on such conditions' and on payment of such annual fee, as the Municipality may" from time to time, specific.
5. (3) If any such work of sinking of tube-well has begun or completed without such permission’ the Municipal Executive Officer may, -
   • (a) by notice, in writing’ require the owner or the other person, who has done such work to fill up or demolish such work" within such time as may be specified in the notice' and if the work of filing up or demolition is not done within the time so specified, cause the work to be done and realize the expenses therefore from the owner or the person to whom such notice was given, or
   • (b) grant permission to retain such work on such terms and conditions as the Empowered Standing Committee may consider fit to impose.

Officer/ Municipal Executive Officer shall, either on his own or through any other water works. agency, manage all waterworks and allied facilities belonging to the Municipality and shall maintain the same in good repair and efficient condition and shall cause to be done, from time to time, all such things as shall be necessary or expedient for improving such waterworks and facilities.

1. (1) The Chief Municipal Executive Officer/ Municipal Executive Officer Purity of water for shall, either on his own or through any other agency, at all times, ensure that the Domestic purpose. water in any waterworks belonging to the Municipality, from which water is supplied for domestic purposes, is wholesome. (2) The Municipality or the other agency, as the case may be, shall, when so required by any competent authority under any law for the time being in force, arrange for the examination of water supplied for human consumption for the purpose of determining whether the water is wholesome.

shall, either on his own or through any other agency, at all times, ensure that the Domestic purpose. water in any waterworks belonging to the Municipality, from which water is supplied for domestic purposes, is wholesome.

1. (2) The Municipality or the other agency, as the case may be, shall, when so required by any competent authority under any law for the time being in force, arrange for the examination of water supplied for human consumption for the purpose of determining whether the water is wholesome.

supplied by the municipality or any other agency, as the case may be, under this wasted. chapter, shall, on account of negligence or other circumstances under the control of such occupier, allow the water to be wasted, or allow the pipes, works or fittings for the supply of water in his premises to be out of repair causing thereby waste of water.

1. (2) No person shall unlawfully flood, or draw off divert, or take water from, any waterworks belonging to, or under the control of, the Municipality, or from any watercourse or stream by which such waterworks is supplied.
2. (3) Any person who contravenes the provisions of this section shall be liable to such fine not exceeding ten thousand rupees as may be determined by regulations.

Municipal Executive Officer/Municipal Executive Officer’ sink any tube well or dig sinking of rube wells or construct any new well, tank, pond, cistern or fountain in any municipal area. or digging of wells etc.

1. (2) The Chief Municipal Executive Officer/ Municipal Executive Officer may grant such permission, and may issue a licence for the purposes of subsection (1), on such conditions' and on payment of such annual fee, as the Municipality may" from time to time, specific.
2. (3) If any such work of sinking of tube-well has begun or completed without such permission’ the Municipal Executive Officer may, -
   • (a) by notice, in writing’ require the owner or the other person, who has done such work to fill up or demolish such work" within such time as may be specified in the notice' and if the work of filing up or demolition is not done within the time so specified, cause the work to be done and realize the expenses therefore from the owner or the person to whom such notice was given, or
   • (b) grant permission to retain such work on such terms and conditions as the Empowered Standing Committee may consider fit to impose.

Municipality may, by notice, in writing, require the owner, lessee or occupier, as filling up of wells. the case may be, of a well, tube-well, tank or other water area, forming a part of any premises in such area to fill up such well, tank or other water area.

places is it may think fit, set apart any tank, well, spring or watercourse, or any wells, tanks, etc. for part thereof, vested in the Municipality or, by an agreement with the opener drinking, culinary thereof, any private tank, well, spring or watercourse or part thereof subject to bathing, and any right which such owner may retain with the consent of the Empowered washing purposes. Standing Committee, for any of the following purposes, namely:

1. (a) supply of water exclusively for drinking or for culinary purposes or for both, or
2. (b) bathing, or
3. (c) washing animals or clothes, or
4. (d) any other purpose connected with health, cleanliness or comfort of the inhabitants, and may, by like order, prohibit bathing, or washing of animals or clothes or other things at any public place, not set apart for such purposes, or prohibit any other act by which water in any public place may be rendered foul or unfit for use, or provide for alternative facilities and conveniences to regulate the use of any tank, well, spring or watercourse to promote public safety, health and welfare. E. Water-supply Mains and pipes 187. (1) The Chief Municipal Executive Officer/ Municipal Executive Officer may, Power to lay either on his own or through any other agency, lay, whether within or outside mains, service the-municipal area, a main, or such service pipes with such stopcocks and other pipes, etc water fittings as he may deem necessary for supply of water to premises-
5. (a) in any street, and
6. (b) with the consent of every owner or occupier of any land not forming part of a street, in, over or on that land, and may, either on his own or through any other agency, from time to time inspect, repair, alter, or renew or may, at any time, remove any such main, or service pipes, so laid, whether under this section or under any other provision of this Act : Provided that where a consent required for the purposes of this sub- section is withheld the Chief Municipal Executive Officer/ Municipal Executive Officer may, after giving the owner or occupier of the land a notice, in writing, of his intention so to do, either on his own or through any other agency, lay the main or the service pipes, any other agency, lay the main or the service pipes, as the case may be, in, over or on that land without such consent.

1. (2) Where a service main or a service pipe has been lawfully laid in, over or on the land not forming part of a street, the Chief Municipal Executive Officer/Municipal Executive Officer or any other agency appointed by him may, from time to time, enter upon that land and inspect, repair, alter, renew or remove the pipe or lay a new pipe in substitution thereof, but shall pay compensation for any damage done in the course of such action.

either on his own or through any other agency, lay, whether within or outside mains, service the-municipal area, a main, or such service pipes with such stopcocks and other pipes, etc water fittings as he may deem necessary for supply of water to premises-

1. (a) in any street, and
2. (b) with the consent of every owner or occupier of any land not forming part of a street, in, over or on that land, and may, either on his own or through any other agency, from time to time inspect, repair, alter, or renew or may, at any time, remove any such main, or service pipes, so laid, whether under this section or under any other provision of this Act : Provided that where a consent required for the purposes of this sub- section is withheld the Chief Municipal Executive Officer/ Municipal Executive Officer may, after giving the owner or occupier of the land a notice, in writing, of his intention so to do, either on his own or through any other agency, lay the main or the service pipes, any other agency, lay the main or the service pipes, as the case may be, in, over or on that land without such consent.

1. (2) Where a service main or a service pipe has been lawfully laid in, over or on the land not forming part of a street, the Chief Municipal Executive Officer/Municipal Executive Officer or any other agency appointed by him may, from time to time, enter upon that land and inspect, repair, alter, renew or remove the pipe or lay a new pipe in substitution thereof, but shall pay compensation for any damage done in the course of such action.

by regulations from time to time, the Chief Municipal Executive Officer/ water pipes and Municipal Executive Officer shall have the Power to Prohibit- construction of latrines and

1. (a) laying of ware-pipes in any place where water is likely to be Polluted, Cesspools.
2. (b) construction of latrine or cesspool within six metres of any well, tank, water —pip, or cistern, or
3. (c) the use of water from any polluted source of supply.

subject to such terms and conditions as may be ‘specified by regulations from water-supply. time to time, require-

1. (a) the provision of separate supply-pipes for each land or building or each storey of a building,
2. (b) the owner of a land or building or the person primarily liable for payment of tax in respect of a land or building, having no supply" or inadequate supply, of wholesome water for domestic purposes, to take supply of water from the mains of the Municipality and to set up electric pumps for the purpose, and
3. (c) the occupier of any land or building to which water is supplied by the

1. (1) Notwithstanding anything contained in this Act, the Municipal Executive Power to turn off Officer may cut off the connection between any waterworks of the municipality supply of water to and any premises to which water is supplied from such water works, or may turn premises. off such supply, in any of the following cases, namely :-
   • (a) if the person, whose premises are supplied with water, neglects to pay any sum payable under sub-section (2) of section 172 or sub-section (2) of section 173, when due,
   • (b) if, after receipt of a notice, in writing, from the Chief Municipal Executive Officer Municipal Executive Officer requiring him to refrain from so doing, the owner or the occupier of the premises continues to use the water or to permit the same to be used in contravention of the provisions of this Act or the regulations made there-under,
   • (c) if the occupier of the premises contravenes the provisions of sub-section
2. (3) of section 172,
   • (d) if the occupier refuses to admit any officer or other employee of the Municipality, duly authorized in that behalf, into the premises for the purpose of making any inspection under this Act or the regulations made thereunder,
   • (e) if the owner or the occupier of the premises wilfully or tap conveying water from any waterworks of the Municipality,
   • (f) if any pipes, taps, works or fittings, connected with the supply of water to the premises, be found, on examination by the Chief Municipal Executive Officer Municipal Executive Officer, to be out of repair to such an extent as to cause so serious a waste of water that, in his opinion, immediate prevention is necessary,
   • (g) if the use of the premises for human habitation has been prohibited under this Act,
   • (h) if there is any water-pipe situated within the premises to which no tap or other efficient means of turning off the water-supply is attached, and
     • (i) if, by reason of a leak in the service pipe or fitting, damage is caused to any public street and immediate prevention is necessary: Provided that- i. water-supply shall not be- cut off or turned off in any case referred to in clause (g) or clause (i)' unless a notice' in writing’ of not less than seventy-two hours has been given to the occupier of the Premises, and ii. in the case referred to in clause (f) or clause (i), the Chief Municipal Executive Officer/ Municipal Executive Officer may carry out necessary repair to pipes' taps' works, or fittings and recover the expenses thereof from the owner or the occupier of the Premises’
3. (2) The expenses of cutting-off water-supply shall be paid by the owner or tire occupier of the premises, as the case may be, and shall be recoverable from such owner or occupier as an arrear of tax under this Act. F. Water Meters and Recovery of Charges Power to provide

recover charges.

1. (a) by regulations, specify the terms and conditions for- i. provision of water meters" either by itself or through an agent of by the owner or the occupier of any land or building, and ii. recovery of charges for supply of such water as recorded by water meters’ and
2. (b) take necessary steps for detection and elimination of any fraud in respect of such water meters. Entrustment of operation and

with the prior approval of the Empowered Standing Committee, entru.st the work water works and of operation and maintenance of waterworks in the municipal area and the work billing and collection of billing and collection of water charges under any 1arv for the time being in of charges. force, on any private agency. G. Offence in Relation to Water-supply

premises connected with the municipal waterworks, the owner, the person in relation to water primarily liable for payment of property tax, and the occupier of the said supply. premises shall be jointly and severally liable for such offence. Chapter-XIll Drainage and Sewerage A. Functions in Relation to Drainage and Sewerage

construct and maintain drains and sewers, and provide a safe and sufficient Municipality to outfall, in or outside the municipal area, for effectual drainage and proper provide drainage, discharge of storm- water and sewage of the municipal area in such manner as sewerage and may not cause any nuisance, whether by flooding any part of the municipal outfall. area, or of the areas surrounding the outfall, or in any other way: Provided that no place, which has not been used before the commencement of this Act for any of the purposes specified in this section, shall be so used except- i. in conformity with the provisions of any State law relating to land use planning or any other law relating thereto for the time being in force or ii. with the approval of the State government, in the absence of any such law: Provided further that with effect from such dare as may be appointed by the State Government in this behalf, no sewage shall be discharged into any watercourse until it has been so treated as not to affect prejudicially the purity and the quality of the water of such water course.

otherwise disposing of sewage, the Municipality may, either on its own or for disposal of through any other agency, construct, operate, maintain, develop and manage sewage. any works within or outside the municipal area. B. Proprietary Rights of Municipality In respect of Drains and Sewage Disposal works

Vesting of public

1. (a) all public drains, all drains in' alongside or under any public street, and all drains and sewage sewage disposal works, constructed or acquired out of the Municipal Fund or disposal works. otherwise, and all works' materials and things appertaining thereto, which are situated within or outside the municipal area, shall vest in the Municipality,
2. (b) for the purposes of laying, constructing, enlarging, deepening or otherwise repairing or maintaining any such drain or sewage disposal system' so much of the sub-soil appertaining thereto’ as may be necessary for such purposes’ shall be deemed also to vest in the Municipality, and
3. (c) all drains and ventilation shafts, pipes and all appliances and fittings connected with the drainage works constructed, erected or set up of the Municipal Fund in or upon premises’ not belonging to the Municipality, whether-
   • (i) before or after the commencement of this Act, and
   • (ii) for the use of the owner or the occupier of such premises or not, shall’ unless the Municipality has otherwise determined’ or does at any time otherwise determine, vest, and shall be deemed always to have vested in the Municipality.

The Municipality may, with the prior approval of the State Government and Power to make over subject to such conditions as the Municipality may determine, make over to, or to, or to take over take over from, an authority under any law for the time being in force any drain from, statutory or dower or sewage disposal works for administration and management thereof. authority ~~ drainage and sewerage C.

1. (1) The Chief Municipal Executive Officer/ Municipal Executive Officer, or Power of making any other agency authorized by him in this behalf, may carry any municipal drain drains. through, across or under, any street, or any place laid out as, or intended for, a street or under any cellar or vault, which may be under any street, and, after giving a reasonable notice in writing to the owner or the occupier thereof, into through or under any land whatsoever within the municipal area, or, for the purpose of outfall or distribution of sewage, outside the municipal area.
2. (2) The Chief Municipal Executive Officer Municipal Executive Officer, or any other agency authorized by him in this behalf, may construct any new drain in place of an existing drain or repair or alter any municipal drain so constructed.

the provisions of this chapter, it shall be competent for the Chief Municipal water drains to be Executive Officer/ Municipal Executive Officer, or any other agency authorized separated. by him in this behalf, to require that there shall be one drain for sewage, offensive matter and polluted water and an entirely separate drain for rain water or unpolluted subsoil water or both rain water and unpolluted subsoil water, each emptying into separate municipal drains or other suitable places.

from time to time, the Chief Municipal Executive Officer/ Municipal Executive discontinuance, Officer, or any other agency authorized by him in this behalf, may- cleansing, etc., of drains.

1. (a) enlarge, alter the course of, lessen, or arch over, or otherwise imp5ove, any municipal drain within the municipal area,
2. (b) discontinue, close up, or destroy any such drain, properly flush, clean, and empty such drain, and restrict throwing, emptying, or turning into any municipal drain, or into any matter likely to damage the drain or interfere with the free flow of is contents or affect prejudicially the treatment and disposal of its contents, or any chemicals, refuse or waste steam, or any liquid which is dangerous or is the cause or a nuisance or is prejudicial to health, or any petroleum Class 'A, petroleum Class 'B' or petroleum Class 'C'. Explanation- For the purposes of this section, the expression "petroleum Class 'A, "Petroleum class 'B', Petroleum Class' C "shall have the same meaning as in the Petroleum Act, 1934. D. Drains of Private Streets and Drainage of Premises

from time to time, the Chief Municipal Executive Officer/ Municipal Executive drainage. Officer, or any other agency authorized by him in this behalf’ may-

1. (a) permit the owner or the occupier of any premises having a drain, or the owner of a private drain’ to have his drain made to communicate with the municipal drain for discharge of foul water,
2. (b) limit the use of the municipal drain by the owner or the occupier of any premises having a private drain or the owner of a Private drain,
3. (c) require the owner of any land or building, which is without sufficient rireans of effectual drainage, to construct a drain and to provide all such appliances and fittings as may be necessary for drainage of such undrained land or building,
4. (d) require the group of owners of a block of premises, which may be drained more economically or advantageously in combination than separately’ to undertake at their own, expense any work necessary for drainage of such block of premises to be drained by a combined operation,
5. (e) require the owner of any land or building to carry out such construction, repair or other work as may be necessary for effectual drainage of such land or building, or
6. (f) authorize any person who desires to drain his land or building into a municipal drain through a drain of which he is not &n owner, to use the drain or declare such person to be the joint owner thereof. 202. ( 1) It shall not be lawful to erect or re-erect any premises in the municipal Premises not to be area or to occupy any such premises unless- erected without drains.
7. (a) a drain is constructed of such size, materials and description, at such level and with such fall, as may appear to the Chief Municipal Executive Officer/ Municipal Executive Officer to be necessary for the effectual drainage of such premises.
8. (b) there have been provided and set up on such premises such appliances and fittings as may appear to the Chief Municipal Executive Officer/ Municipal Executive Officer to be necessary for the purposes of gathering or receiving the filth and other polluted and obnoxious matters, and conveying the same, from such premises and of effectually flushing the drain of such premises and every fixture connected therewith.

1. (2) The drain so constructed shall empty into a municipal drain situated at a distance of not exceeding thirty metres from the premises, but if no municipal drain is situated without such distance, then, such drain shall empty into a cesspool situated within the distance to be specified by the Chief Municipal Executive Officer/Municipal Executive Officer for the purpose. E. Trade Effluent

area or to occupy any such premises unless- erected without drains.

1. (a) a drain is constructed of such size, materials and description, at such level and with such fall, as may appear to the Chief Municipal Executive Officer/ Municipal Executive Officer to be necessary for the effectual drainage of such premises.
2. (b) there have been provided and set up on such premises such appliances and fittings as may appear to the Chief Municipal Executive Officer/ Municipal Executive Officer to be necessary for the purposes of gathering or receiving the filth and other polluted and obnoxious matters, and conveying the same, from such premises and of effectually flushing the drain of such premises and every fixture connected therewith.

1. (2) The drain so constructed shall empty into a municipal drain situated at a distance of not exceeding thirty metres from the premises, but if no municipal drain is situated without such distance, then, such drain shall empty into a cesspool situated within the distance to be specified by the Chief Municipal Executive Officer/Municipal Executive Officer for the purpose. E. Trade Effluent

and of any other law for the time being in force, the occupier of any trade relating to trade premises may, with the approval of the Municipality or, so far as may be for the effluent. time being in force without such, approval, discharge into the municipal drain any trade effluent proceeding from such Premises.

thereunder or any usage' custom or regard agreement, where in opinion of the regarding drainage Chief Municipal drainage of of trade effluent. Executive Officer Municipal Executive Officer, any trade effluent, trade premises are without sufficient means of effectual drainage and treatment of trade effluent or the drains thereof, though otherwise not objectionable, are not adapted to the general drainage system of the municipal area, effluent is not of specified purity, the Municipal Executive officer may, by notice, in writing, require the owner or the occupier of such premises-

1. (a) to discharge the trade effluent in such manner, at such times, through such drains'- and subject to such conditions, as may be specified in the notice, and to cease to discharge the trade effluent other than in accordance with the notice,
2. (b) to purify the trade effluent before its discharge into a municipal drain and to set up for purifying the trade affluent such appliances, apparatus, fittings and plants, as may be specified in the notice,
3. (c) to construct a drain of such material, size and description, and laid at such level, and according to such alignment, and with such fall and outlet, as may be specified in the notice,
4. (d) To alter, amend, repair or renovate any purification plant, existing drain, apparatus, plant-fitting or article used in connection with any municipal or house-drain. Chapter-XXIV Other Provisions Relating to Water-Supply, Drainage and Sewerage

Municipal Executive Officer, no person shall, for any purpose whatsoever, at any waterworks ~~ mains time, make, or cause to be made any connection or communication with any and drains not to be waterworks or mains or drains constructed or maintained or by, vested in, the made without

1. (1) Without the permission of the Chief Municipal Executive Officer/ Buildings, railways Municipal Executive Officer, no building, wall, fence or other structure shall be and private streets erected, and no railway or private street shall be constructed or maintained by, not to be erected or vested in, the Municipality. or constructed over water mains or on
2. (2) If any building, wall, fence or other structure erected, or is any railway Municipal drains or private street is constructed, on any drain or waterworks without the without permission. permission as aforesaid, the Municipal Executive Officer may do good in such manner as he may think fit.
3. (3) The expenses incurred by the Chief Municipal Executive Officer/Municipal Executive Officer for carrying out the purposes of subsection (2), shall be paid by the owner of the private street or of the building, fence, wall or other structure or, as the case may be, by the railway administration or the person responsible and shall be recoverable as an arrear of tax under this Act.

to place or carry, any pipe or drain or to do any other work connected with water administration to be supply or drainage across any railway line, he shall inform the railway informed in certain administration, who may execute tie same at the cost of the Municipality. cases.

Chief Municipal Executive Officer/ Municipal Executive Officer for sanction shall Executive Officer/ conform to such rules or regulations relating to water-supply, drainage, privy, Municipal Executive urinal accommodation, within the premises, and sewerage as may be made in Officer not to this behalf, and no building plan shall be sanctioned by the Chief Municipal sanction building Executive Officer Municipal Executive Officer unless it so conforms. Plan unless plan relating to water supply etc. is in conformity with rules and regulations.

Executive Officer/ Municipal Executive Officer shall cause to be maintained underground water complete survey maps, drawings and descriptions or water supply mains, supply pipes, drains, supply-pipes, municipal drains, sewers, and connections thereto from all etc. premises in the municipal area. 210. (1) The Chief Municipal Executive Officer/Municipal Rights of user Rights of user of Executive officer may, either on his own or through o f property any other property for agency authorized by him in this behalf, for aqueducts, conduits, and line main aqueducts, lines, or pipes or drains over, under, along, or across any immovable property, etc. whether within or outside the limits of the municipal area’ without acquiring such

immovable property, and may, at any time, for the purpose of examining repairing’ altering or removing such aqueducts, conduits or lines of mains or pipes or drains' after giving a reasonable notice of his intention to do so enter on any such immovable property over, under, along or across which the aqueducts ,conduits, or lines of mains or Pipes or drains have been Placed : Provided that the Municipality or the other agency, as the case may be’ shall not acquire any right, other than right and a right of a user, in such property over, under, along or across which any aqueduct, conduit or line of mains or pipe or drain is placed:

1. (2) The powers conferred under sub-section (1) shall not be exercise in respect of any property which is vested in the State Government or any local authority, or is under tire control or management of the Central Government or the railway Administration, save with the permission of the State Government or the railway administration, as the case may be, and in accordance with such regulations as may be made in this behalf: Provided that the Chief Municipal Executive officer/municipal Executive officer may without such permission, repair, renew or amend any existing works' the character or position of which is not to be altered, if such repair, renewal or amendment is urgently necessary in order to maintain, without interruption, tire supply of water, drainage, or disposal of sewage, or is such that any delay would be dangerous to health, human life or property.
2. (3) In the exercise of the powers conferred on the Chief Municipal Executive Officer/ Municipal Executive Officer by this section, he, or any other agency authorized by him in this behalf, shall cause as little damage and inconvenience as may be possible, and shall make full compensation for any damage or inconvenience by him. 211. (1) If it appears to the Chief Municipal Executive officer/ Municipal Power of owner of Executive Officer that the only or the most convenient means of water supply to, premises to place and drainage of, any along or across the immovable property of another person, pipes and drains the Chief Municipal Executive Officer Municipal Officer may, by order in writing, through land authorize the owner of such premises to place or carry such pipe or drain over, belonging to other under, along or across such immovable property: persons. Provided that before making any such order, the Chief Municipal Executive Officer/ Municipal Executive Officer shall give to the owner of the immovable property a reasonable opportunity of showing cause, within such time as should not be made: Provided further that the owner of the premises shall not acquire any right, other than the right of a user, in such immovable property over, under, along or across which any such pipe or drain is placed or carried.
3. (2) Upon the order under subsection (I), the owner of the premises may, after giving a reasonable notice of his intention to do so, immovable property with assistants and workmen at any time between sunrise and sunset for the purpose of placing a pipe or drain over, under, along or across such immovable property for the purpose of repairing such pipe or drain
4. (3) In placing or carrying a pipe or drain under this section, as little damages as possible shall be done to such immovable property, and the owner of the premises shall- a) cause the pipe or drain to be placed or carried with the least Possible delay, b) fill in reinstate and make good at this own cost and with the least possible delay, land opened, broken up or removed for the purpose of placing or carrying such pipe or drain, and. c) pay compensation to the owner of such immovable property and to any other person, who sustains damage by reason of the placing or carrying of such Pipe or drain.
5. (4) If the owner of such immovable property over, under, along or across which a pipe or drain has been placed or carried under this section, while, such immovable property was not built upon, desires to erect any building on such immovable property, the chief Municipal Executive officer/ Municipal Executive Officer shall, by notice, in writing, require the owner of the premises to close, remove or divert the pipe or drain in such manner as shall be approved by him and to fill in reinstate and make good such immovable property as if his/ her pipe or drain had not been placed or carried over, under' along or across such immovable Property: Provided that no action under this subsection shall be taken unless, in the opinion of the Chief Municipal Executive Officer/ Municipal Executive Officer it is necessary or expedient for the construction of the proposed building, or the safe enjoyment thereof, that the pipe or drain should be closed’ removed or diverted.

Executive officer may, either on his own or through o f property any other property for agency authorized by him in this behalf, for aqueducts, conduits, and line main aqueducts, lines, or pipes or drains over, under, along, or across any immovable property, etc. whether within or outside the limits of the municipal area’ without acquiring such

immovable property, and may, at any time, for the purpose of examining repairing’ altering or removing such aqueducts, conduits or lines of mains or pipes or drains' after giving a reasonable notice of his intention to do so enter on any such immovable property over, under, along or across which the aqueducts ,conduits, or lines of mains or Pipes or drains have been Placed : Provided that the Municipality or the other agency, as the case may be’ shall not acquire any right, other than right and a right of a user, in such property over, under, along or across which any aqueduct, conduit or line of mains or pipe or drain is placed:

1. (2) The powers conferred under sub-section (1) shall not be exercise in respect of any property which is vested in the State Government or any local authority, or is under tire control or management of the Central Government or the railway Administration, save with the permission of the State Government or the railway administration, as the case may be, and in accordance with such regulations as may be made in this behalf: Provided that the Chief Municipal Executive officer/municipal Executive officer may without such permission, repair, renew or amend any existing works' the character or position of which is not to be altered, if such repair, renewal or amendment is urgently necessary in order to maintain, without interruption, tire supply of water, drainage, or disposal of sewage, or is such that any delay would be dangerous to health, human life or property.
2. (3) In the exercise of the powers conferred on the Chief Municipal Executive Officer/ Municipal Executive Officer by this section, he, or any other agency authorized by him in this behalf, shall cause as little damage and inconvenience as may be possible, and shall make full compensation for any damage or inconvenience by him.

Executive Officer that the only or the most convenient means of water supply to, premises to place and drainage of, any along or across the immovable property of another person, pipes and drains the Chief Municipal Executive Officer Municipal Officer may, by order in writing, through land authorize the owner of such premises to place or carry such pipe or drain over, belonging to other under, along or across such immovable property: persons. Provided that before making any such order, the Chief Municipal Executive Officer/ Municipal Executive Officer shall give to the owner of the immovable property a reasonable opportunity of showing cause, within such time as should not be made: Provided further that the owner of the premises shall not acquire any right, other than the right of a user, in such immovable property over, under, along or across which any such pipe or drain is placed or carried.

1. (2) Upon the order under subsection (I), the owner of the premises may, after giving a reasonable notice of his intention to do so, immovable property with assistants and workmen at any time between sunrise and sunset for the purpose of placing a pipe or drain over, under, along or across such immovable property for the purpose of repairing such pipe or drain
2. (3) In placing or carrying a pipe or drain under this section, as little damages as possible shall be done to such immovable property, and the owner of the premises shall- a) cause the pipe or drain to be placed or carried with the least Possible delay, b) fill in reinstate and make good at this own cost and with the least possible delay, land opened, broken up or removed for the purpose of placing or carrying such pipe or drain, and. c) pay compensation to the owner of such immovable property and to any other person, who sustains damage by reason of the placing or carrying of such Pipe or drain.
3. (4) If the owner of such immovable property over, under, along or across which a pipe or drain has been placed or carried under this section, while, such immovable property was not built upon, desires to erect any building on such immovable property, the chief Municipal Executive officer/ Municipal Executive Officer shall, by notice, in writing, require the owner of the premises to close, remove or divert the pipe or drain in such manner as shall be approved by him and to fill in reinstate and make good such immovable property as if his/ her pipe or drain had not been placed or carried over, under' along or across such immovable Property: Provided that no action under this subsection shall be taken unless, in the opinion of the Chief Municipal Executive Officer/ Municipal Executive Officer it is necessary or expedient for the construction of the proposed building, or the safe enjoyment thereof, that the pipe or drain should be closed’ removed or diverted.

from time to time, the Chief Municipal Executive Officer/ Municipal Executive Municipal Executive Officer may, either on his own or through any other agency, authorized by him Officer/Municipal in this behalf,-

1. (a) erect upon any land or building, or affix to the outside of any building, or to any tree, any shaft or pipe as may appears to him to be necessary for Executive Officer to the purpose of ventilating any drain or cesspool, whether vested in the affix shafts etc. For Municipality or not, and ventilation of drain or
2. (b) examine the condition of a private drain or cesspool within the municipal cesspool and testing area in respect of which there is reasonable ground for believing that of drain. such private drain or cesspool is in such condition as is prejudicial to health, or is a nuisance, by applying any test other than a test by water under pressure, and if he deems it necessary, by opening the ground. 213. (1) When, under the provisions of this Act, any person is required, or is Power of the Chief liable. to execute any work in relation to water supply, drainage and sewerage Municipal Executive within the municipal area, the Chief Municipal Executive Officer/ Municipal Officer/ Municipal Executive Officer may, in accordance with the provisions of this Act and the Executive Officer to regulations made thereunder, cause such work to be executed after giving such execute work after person an opportunity of executing such work within such time as may be giving notice to specified by him for this purpose. person liable.

1. (2) The expenses incurred or likely to be incurred by the Chief Municipal Executive Officer Municipal Executive Officer in connection with the maintenance of such work or enjoyment of amenities and conveniences rendered possible by such work shall be payable by the person or persons enjoying such amenities and convenience.
2. (3) The expenses referred to in subsection (2) shall be recoverable from the person or persons liable therefore as an arrear of tax under this Act. 214. (1) The Empowered Standing Committee may grant licence to any person Work to be done by possessing such technical qualifications as may be determined by regulations to licensed plumber. act as a Licensed plumber.
3. (2) No person, other than a licensed plumber, shall execute any work described in chapter XXII, and chapter XXIII, and in this chapter, and no, person shall permit any such work to be executed except by a licensed Plumber: Provided that ii in the opinion of the Chief Municipal Executive Officer/ Municipal Executive Officer, the works is of a trivial nature, he may grant permission in writing for the execution of such work by a person other than a licensed plumber:
4. (3) The Municipality shall’ by regulations, provide for-
   • (a) the terms and conditions of engagement of such licensed Plumbers,
   • (b) their duties and responsibilities, and guidelines for their functions,
   • (c) the charges to be paid to them for different types of works,
   • (d) the hearing and disposal of complaints made by the owners or occupiers of any premises with regard to their work, and
   • (e) The suspension or cancellation of such licence, in case of contravention of any such regulations by any such plumber, and prosecution thereof under this Act. 215. (1) The Chief Municipal Executive Officer/ Municipal Executive Officer’ or Power of access to any other agency authorized by him in this behalf, or any person appointed by waterworks and tire State Government in this behalf’ may' for the purpose of inspecting or drainage and repairing or executing any work in, upon or in connection with, any waterworks sewerage at all reasonable times, - installations.
   • (a) enter upon' and pass through' any land within or outside the municipal area, adjacent to, or in the vicinity of such waterworks’ in whomsoever such land all may vest, and
   • (b) convey into and through any such land all necessary materials' tools and implements.
5. (2) In the exercise of any power conferred by section, this as little damage as possible may be done, and compensation for any damage which may be done in the exercise of any such power shall be paid by the Chief Municipal Executive Officer/Municipal Executive Officer or any agency authorized by him in this behalf, or, if the person so appointed by the State Government has caused the damage, by the State Government. 216. (1) No person shall- Prohibition of
   • (a) wilfully obstruct any person acting under the authority of the Chief certain acts Municipal*Executive Officer/ Municipal Executive Officer in setting out the lines of any works or pull up or remove any pillar, post or shaft fixed in the ground for the purpose of setting out lines of such works, or deface or destroy any works made for such purpose, or
   • (b) wilfully or negligently break, damage, turn on, open, close, shut off, or otherwise interfere with, any lock, cock, value, pipe, meter or other work apparatus belonging to the Municipality, or
   • (c) unlawfully obstruct the flow of, or flush, draw off, or divert, or take water from, any waterworks belonging to the Municipality, or
   • (d) unlawfully obstruct the flow of, or flush, draw off, or divert, or take, sewage work belonging to the Municipal or break or damage any electrical transmission line maintained by the Municipality, or
   • (e) throw any material including plastic bags and containers or waste of dairies, piggeries and poultry farms into any municipal drain or sewer, or
   • (f) obstruct any officer or other employee of the Municipal in the discharge of his duties under chapter XXII and under this chapter or wilfully neglect, to furnish him with the means necessary for the making of any entry inspection, examination or inquiry thereunder in relation to any water or sewage work, or
   • (g) bathe in, at, or upon, any waterworks or wash or through or cause to enter therein any animal, or throw any rubbish, dirt or filth into any waterworks or wash or clean therein any cloth, wool or leather or the skin of any animal, or cause the water of any sink or drain or any steam- engine or boiler or any polluted water to turn, or to be brought, into any waterworks, or do any other act, whereby the water in any waterworks is fouled or is likely to be fouled.
6. (2) Nothing in clause (b) of sub-section (I) shall apply to a consumer closing the stopcock fixed on the service pipe supplying water to his premises so long as he has obtained the consent of any other consumer whose supply will be affected thereby. 217. (1) The Municipality shall levy sewerage charge on the owners of premises Sewerage charge for connection of such premises to sewerage mains, such amount being not less and sewerage cess. than one-half of the amount chargeable for water-supply under sub-section (2) of section 172 or water-supply under sub-section (2) of section 173, as the case may be, as may be determined by regulations from time to time.
7. (2) Where the owner of any premises in a locality where sewer is laid by the Municipality has not taken connection from the sewerage mains, he shall be liable to pay a sewerage cess of such amount, not being more than one-half of the amount chargeable as sewerage charge under sub-section (I), as may be determined by regulations from time to time.
8. (3) Where the owner fails to pay the sewerage charge or sewerage cess, such sewerage charge or sewerage cess, as the case may be, shall be realized from the occupier, and the occupier shall be entitled to recover the amount from the owner.
9. (4) The connection of premises to sewerage mains shall be provided within a period of thirty days from the date of receipt of an application in this behalf from the owner of the premises.
10. (5) The charges received by the Municipality from the owner or the occupier for connecting the premises to sewerage system may be such, as may be determined by regulation.

liable. to execute any work in relation to water supply, drainage and sewerage Municipal Executive within the municipal area, the Chief Municipal Executive Officer/ Municipal Officer/ Municipal Executive Officer may, in accordance with the provisions of this Act and the Executive Officer to regulations made thereunder, cause such work to be executed after giving such execute work after person an opportunity of executing such work within such time as may be giving notice to specified by him for this purpose. person liable.

1. (2) The expenses incurred or likely to be incurred by the Chief Municipal Executive Officer Municipal Executive Officer in connection with the maintenance of such work or enjoyment of amenities and conveniences rendered possible by such work shall be payable by the person or persons enjoying such amenities and convenience.
2. (3) The expenses referred to in subsection (2) shall be recoverable from the person or persons liable therefore as an arrear of tax under this Act.

1. (1) The Empowered Standing Committee may grant licence to any person Work to be done by possessing such technical qualifications as may be determined by regulations to licensed plumber. act as a Licensed plumber. (2) No person, other than a licensed plumber, shall execute any work described in chapter XXII, and chapter XXIII, and in this chapter, and no, person shall permit any such work to be executed except by a licensed Plumber: Provided that ii in the opinion of the Chief Municipal Executive Officer/ Municipal Executive Officer, the works is of a trivial nature, he may grant permission in writing for the execution of such work by a person other than a licensed plumber: (3) The Municipality shall’ by regulations, provide for- (a) the terms and conditions of engagement of such licensed Plumbers, (b) their duties and responsibilities, and guidelines for their functions, (c) the charges to be paid to them for different types of works, (d) the hearing and disposal of complaints made by the owners or occupiers of any premises with regard to their work, and (e) The suspension or cancellation of such licence, in case of contravention of any such regulations by any such plumber, and prosecution thereof under this Act.

possessing such technical qualifications as may be determined by regulations to licensed plumber. act as a Licensed plumber.

1. (2) No person, other than a licensed plumber, shall execute any work described in chapter XXII, and chapter XXIII, and in this chapter, and no, person shall permit any such work to be executed except by a licensed Plumber: Provided that ii in the opinion of the Chief Municipal Executive Officer/ Municipal Executive Officer, the works is of a trivial nature, he may grant permission in writing for the execution of such work by a person other than a licensed plumber:
2. (3) The Municipality shall’ by regulations, provide for-
   • (a) the terms and conditions of engagement of such licensed Plumbers,
   • (b) their duties and responsibilities, and guidelines for their functions,
   • (c) the charges to be paid to them for different types of works,
   • (d) the hearing and disposal of complaints made by the owners or occupiers of any premises with regard to their work, and
   • (e) The suspension or cancellation of such licence, in case of contravention of any such regulations by any such plumber, and prosecution thereof under this Act.

1. (1) The Chief Municipal Executive Officer/ Municipal Executive Officer’ or Power of access to any other agency authorized by him in this behalf, or any person appointed by waterworks and tire State Government in this behalf’ may' for the purpose of inspecting or drainage and repairing or executing any work in, upon or in connection with, any waterworks sewerage at all reasonable times, - installations. (a) enter upon' and pass through' any land within or outside the municipal area, adjacent to, or in the vicinity of such waterworks’ in whomsoever such land all may vest, and (b) convey into and through any such land all necessary materials' tools and implements. (2) In the exercise of any power conferred by section, this as little damage as possible may be done, and compensation for any damage which may be done in the exercise of any such power shall be paid by the Chief Municipal Executive Officer/Municipal Executive Officer or any agency authorized by him in this behalf, or, if the person so appointed by the State Government has caused the damage, by the State Government.

any other agency authorized by him in this behalf, or any person appointed by waterworks and tire State Government in this behalf’ may' for the purpose of inspecting or drainage and repairing or executing any work in, upon or in connection with, any waterworks sewerage at all reasonable times, - installations.

1. (a) enter upon' and pass through' any land within or outside the municipal area, adjacent to, or in the vicinity of such waterworks’ in whomsoever such land all may vest, and
2. (b) convey into and through any such land all necessary materials' tools and implements.

1. (2) In the exercise of any power conferred by section, this as little damage as possible may be done, and compensation for any damage which may be done in the exercise of any such power shall be paid by the Chief Municipal Executive Officer/Municipal Executive Officer or any agency authorized by him in this behalf, or, if the person so appointed by the State Government has caused the damage, by the State Government.

Prohibition of

1. (a) wilfully obstruct any person acting under the authority of the Chief certain acts Municipal*Executive Officer/ Municipal Executive Officer in setting out the lines of any works or pull up or remove any pillar, post or shaft fixed in the ground for the purpose of setting out lines of such works, or deface or destroy any works made for such purpose, or
2. (b) wilfully or negligently break, damage, turn on, open, close, shut off, or otherwise interfere with, any lock, cock, value, pipe, meter or other work apparatus belonging to the Municipality, or
3. (c) unlawfully obstruct the flow of, or flush, draw off, or divert, or take water from, any waterworks belonging to the Municipality, or
4. (d) unlawfully obstruct the flow of, or flush, draw off, or divert, or take, sewage work belonging to the Municipal or break or damage any electrical transmission line maintained by the Municipality, or
5. (e) throw any material including plastic bags and containers or waste of dairies, piggeries and poultry farms into any municipal drain or sewer, or
6. (f) obstruct any officer or other employee of the Municipal in the discharge of his duties under chapter XXII and under this chapter or wilfully neglect, to furnish him with the means necessary for the making of any entry inspection, examination or inquiry thereunder in relation to any water or sewage work, or
7. (g) bathe in, at, or upon, any waterworks or wash or through or cause to enter therein any animal, or throw any rubbish, dirt or filth into any waterworks or wash or clean therein any cloth, wool or leather or the skin of any animal, or cause the water of any sink or drain or any steam- engine or boiler or any polluted water to turn, or to be brought, into any waterworks, or do any other act, whereby the water in any waterworks is fouled or is likely to be fouled.

1. (2) Nothing in clause (b) of sub-section (I) shall apply to a consumer closing the stopcock fixed on the service pipe supplying water to his premises so long as he has obtained the consent of any other consumer whose supply will be affected thereby.

for connection of such premises to sewerage mains, such amount being not less and sewerage cess. than one-half of the amount chargeable for water-supply under sub-section (2) of section 172 or water-supply under sub-section (2) of section 173, as the case may be, as may be determined by regulations from time to time.

1. (2) Where the owner of any premises in a locality where sewer is laid by the Municipality has not taken connection from the sewerage mains, he shall be liable to pay a sewerage cess of such amount, not being more than one-half of the amount chargeable as sewerage charge under sub-section (I), as may be determined by regulations from time to time.
2. (3) Where the owner fails to pay the sewerage charge or sewerage cess, such sewerage charge or sewerage cess, as the case may be, shall be realized from the occupier, and the occupier shall be entitled to recover the amount from the owner.
3. (4) The connection of premises to sewerage mains shall be provided within a period of thirty days from the date of receipt of an application in this behalf from the owner of the premises.
4. (5) The charges received by the Municipality from the owner or the occupier for connecting the premises to sewerage system may be such, as may be determined by regulation.

with the prior approval of the Empowered Standing committee, entrust the work operation and of operation and maintenance of sewerage works in the municipal area and the maintenance of work of billing and collection of sewerage charge or sewerage cess to any sewerage works and agency under any law for the time being in force or any private agency. billing and collection of Sewerage charges. 219. (1) If, at any time, it appears to the State Government that any waterworks, Power of the or drainage works, or sewerage works executed by, or vested in, the State Government to Municipality, are maintained, or worked, or run in an imperfect, inefficient or exercise control over unsuitable manner, the State Government may, by an order, in writing, direct the imperfect, Inefficient municipality to show cause within the period specified in the order why the or unsuitable waterworks, the drainage works or the sewerage works, as the case may be, waterworks, with all plants, fittings and appurtenances thereof should not be handed over to drainage works or the control and management of any agency belonging to the State Government sewerage works. or any authority under any lay for the time being in force, as may be specified in the order.

1. (2) If no cause is shown to the satisfaction of the State Government within the period specified the order referred to in sub-section (1), or the cat shown appears, to be untenable, the Ste Government may, by order. in writing, direct to the waterworks, the drainage works or the sewerage works, as the case may be, with all plants, fitting and appurtenances thereof shall be handed over for such period as it may fix, to the control and management of such persons, or agency, or authority and on such terms and conditions, as the State Government may determine,
2. (3) During the period fixed under sub-section (2), the complete control and management of such waterworks, drainage works or sewerage works, as the case may be, shall vest in the person, or the agency, or the authority so appointed who shall engage such establishment for the purpose of maintaining and working of such waterworks, drainage works or sewerage works, as the case maybe, as the State Government may from time to time determine; and such establishment may include the employees of the Municipality who were employed, or have been employed, in the maintenance or working of such waterworks, drainage works or sewerage works.
3. (4) The cost of such establishment, including costs of all materials, implements and stores, shall be paid from the Municipal Fund within such period as may be fixed by the State Government. 220. (1) The Municipality shall prepare and maintain a Code to be called the Municipal Water- Municipal Water-supply, Drainage and Sewerage Code which shall include such supply, Drainage regulations as may be made from time to time relating to the construction- and Sewerage maintenance’ repair and alteration of waterworks, water-supply mains supply- Code. pipes, drains, sewers, privies and urinals, cesspools, and appurtenances thereof and other matters under chapter XXII or chapter XXIII or this chapter.
4. (2) Such regulations shall provide for inspection of premises by the Chief Municipal Executive Officer/Municipal Executive Officer, or any other officer, or any other agency, authorized by him in this behalf as the case may be, to ascertain compliance with the provisions of this Act and the rules or regulations made thereunder. Chapter-XXV Solid Wastes A. Functions in Relation to Solid Wastes Management

1. (1) If, at any time, it appears to the State Government that any waterworks, Power of the or drainage works, or sewerage works executed by, or vested in, the State Government to Municipality, are maintained, or worked, or run in an imperfect, inefficient or exercise control over unsuitable manner, the State Government may, by an order, in writing, direct the imperfect, Inefficient municipality to show cause within the period specified in the order why the or unsuitable waterworks, the drainage works or the sewerage works, as the case may be, waterworks, with all plants, fittings and appurtenances thereof should not be handed over to drainage works or the control and management of any agency belonging to the State Government sewerage works. or any authority under any lay for the time being in force, as may be specified in the order. (2) If no cause is shown to the satisfaction of the State Government within the period specified the order referred to in sub-section (1), or the cat shown appears, to be untenable, the Ste Government may, by order. in writing, direct to the waterworks, the drainage works or the sewerage works, as the case may be, with all plants, fitting and appurtenances thereof shall be handed over for such period as it may fix, to the control and management of such persons, or agency, or authority and on such terms and conditions, as the State Government may determine, (3) During the period fixed under sub-section (2), the complete control and management of such waterworks, drainage works or sewerage works, as the case may be, shall vest in the person, or the agency, or the authority so appointed who shall engage such establishment for the purpose of maintaining and working of such waterworks, drainage works or sewerage works, as the case maybe, as the State Government may from time to time determine; and such establishment may include the employees of the Municipality who were employed, or have been employed, in the maintenance or working of such waterworks, drainage works or sewerage works. (4) The cost of such establishment, including costs of all materials, implements and stores, shall be paid from the Municipal Fund within such period as may be fixed by the State Government.

or drainage works, or sewerage works executed by, or vested in, the State Government to Municipality, are maintained, or worked, or run in an imperfect, inefficient or exercise control over unsuitable manner, the State Government may, by an order, in writing, direct the imperfect, Inefficient municipality to show cause within the period specified in the order why the or unsuitable waterworks, the drainage works or the sewerage works, as the case may be, waterworks, with all plants, fittings and appurtenances thereof should not be handed over to drainage works or the control and management of any agency belonging to the State Government sewerage works. or any authority under any lay for the time being in force, as may be specified in the order.

1. (2) If no cause is shown to the satisfaction of the State Government within the period specified the order referred to in sub-section (1), or the cat shown appears, to be untenable, the Ste Government may, by order. in writing, direct to the waterworks, the drainage works or the sewerage works, as the case may be, with all plants, fitting and appurtenances thereof shall be handed over for such period as it may fix, to the control and management of such persons, or agency, or authority and on such terms and conditions, as the State Government may determine,
2. (3) During the period fixed under sub-section (2), the complete control and management of such waterworks, drainage works or sewerage works, as the case may be, shall vest in the person, or the agency, or the authority so appointed who shall engage such establishment for the purpose of maintaining and working of such waterworks, drainage works or sewerage works, as the case maybe, as the State Government may from time to time determine; and such establishment may include the employees of the Municipality who were employed, or have been employed, in the maintenance or working of such waterworks, drainage works or sewerage works.
3. (4) The cost of such establishment, including costs of all materials, implements and stores, shall be paid from the Municipal Fund within such period as may be fixed by the State Government.

Municipal Water-supply, Drainage and Sewerage Code which shall include such supply, Drainage regulations as may be made from time to time relating to the construction- and Sewerage maintenance’ repair and alteration of waterworks, water-supply mains supply- Code. pipes, drains, sewers, privies and urinals, cesspools, and appurtenances thereof and other matters under chapter XXII or chapter XXIII or this chapter.

1. (2) Such regulations shall provide for inspection of premises by the Chief Municipal Executive Officer/Municipal Executive Officer, or any other officer, or any other agency, authorized by him in this behalf as the case may be, to ascertain compliance with the provisions of this Act and the rules or regulations made thereunder. Chapter-XXV Solid Wastes A. Functions in Relation to Solid Wastes Management

municipal area, be responsible for implementation of the rules made by the in respect of solid Central Government in exercise of the powers conferred by the Environment wastes management (protection) Act, 1986. to regulate the management and handling of municipal and handling. solid wastes and for development of any infrastructure for collection, storage, transportation, processing and disposal of such solid wastes.

of management and handling of municipal solid wastes and for development of hed of sold infrastructure, if any, for collection, storage, transportation, processing and 9 oo disposal of wastes and billing such solid wastes, a charge shall be levied, and payment thereof shall be made, and collection of at such rate as the Municipality may fix from time to time: charge. Provided that the charge as aforesaid shall, as far as practicable, be such shall cover the costs on account of management and handling of municipal solid wastes and development of infrastructure, if any, for collection, storage, transportation, processing and disposal thereof and also the costs of debt- servicing, depreciation of plant and machinery and other charge, if any: Provided further that the Chief Municipal Executive Officer Municipal Executive Officer may, with the prior approval of the Empowered Standing Committee, entrust development of infrastructure for collection, storage, transportation, processing and disposal of solid wastes and the work of management and handling of municipal solid wastes and of filling and collection of the charges as aforesaid to any agency under any law for the time being in force or to any other agency.

own or through any other agency authorized by it in this behalf,- Municipality.

1. (a) organize collection of municipal solid wastes through any of the methods, like community bin collection (central bin),house to- house collection, and collection on regular pre-informed times and schedules,
2. (b) devise collection of wastes from slums and squatter areas or other localities including hotels, restaurants, office complexes and commercial areas.
3. (c) remove at regular intervals all solid wastes so collected under clause (a) and clause (b) for disposals on daily basis, and
4. (d) arrange for making use of biodegradable wastes from vegetable markets in an environmentally acceptable manner.

provided or appointed under section 225 and all solid wastes collected by the property . of municipal employees or contractors or any other agency authorized in this Municipality. behalf shall be the property of the Municipality.

the solid wastes to be disposed of at such place or places within or outside the places for disposal municipal area, and in such manner, as it considers suitable: and final disposal of solid wastes. Provided that no place which has not been used before the commencement of this Act for the purpose specified in this section, shall be so used, except- i. in conformity with the provisions of any State Law relating to development planning and land use control or any other law relating thereto for the time being in force, or

ii. in the absence of any such law, with the approval of the State Government; Provided further that the solid wastes shall not be finally disposed of in any manner which the State Government may think fit to disallow. B. Collection und Removal of Solid Wastes

buildings in the municipal area- occupiers of premises to store

1. (a) to have the premises swept and cleaned on a regular basis, solid wastes at
2. (b) to provide for separate receptacles or disposal bags for the storage of- source of i. organic and bio- degradable wastes, generation. iil recyclable or non- bio gradable wastes, and iii. domestic hazardous wastes, So as to ensure that these different types of wastes do not get mixed,
3. (c) to keep such receptacles in good condition and order, and
4. (d) to cause ail such wastes, including rubbish, offensive matter, filth, trade refuse, carcasses of dead animals, excrementitious matters, bio-medical wastes and other polluted and obnoxious matters to be collected from their respective premises and to be deposited in community bins or receptacles at such times and in such places as the Municipal Executive

It shall be the duty of the managements of cooperative housing societies, Duty of Cooperative apartment owners, associations, residential and non-residential building Housing society, complexes, educational building, institutional building, assembly buildings, Apartment owners’ business buildings, mercantile buildings, industrial buildings, storage buildings, association, etc. and hazardous building to provide at their premises community bins or disposal bags of appropriate size as may be specified by the Municipality for temporary storage of wastes (other than recyclable wastes), hazardous wastes, and biomedical wastes for their subsequent collection and removal by the Municipality:

No person and owner or occupier of any land or building shall-

1. (a) litter or deposit at any public place any solid waste, Prohibition
2. (b) deposit building rubbish in or along any public street, public Place or open land,
3. (c) allow any filthy matter to flow on public places, or
4. (d) deposit or otherwise dispose of the carcass or any part of any dead animal at a place not provided or appointed for such purpose. 229. (1) Whoever litters any street or public place or deposits or throws or Punishment for causes or permits to be deposited or thrown any solid waste or building rubbish littering on street at any place in contravention of the provisions of this Act, or permits the flow of and depositing or any filthy matter from his premises, shall be punished on the spot with a fine, throwing any solid being not less than one hundred rupees, as may be determined by regulations waste. from time to time.

1. (2) Such spot fines may be collected by officers, not below the rank of a sanitary inspector, duly authorized by the Municipality in this behalf.

1. (1) Whoever litters any street or public place or deposits or throws or Punishment for causes or permits to be deposited or thrown any solid waste or building rubbish littering on street at any place in contravention of the provisions of this Act, or permits the flow of and depositing or any filthy matter from his premises, shall be punished on the spot with a fine, throwing any solid being not less than one hundred rupees, as may be determined by regulations waste. from time to time. (2) Such spot fines may be collected by officers, not below the rank of a sanitary inspector, duly authorized by the Municipality in this behalf.

causes or permits to be deposited or thrown any solid waste or building rubbish littering on street at any place in contravention of the provisions of this Act, or permits the flow of and depositing or any filthy matter from his premises, shall be punished on the spot with a fine, throwing any solid being not less than one hundred rupees, as may be determined by regulations waste. from time to time.

1. (2) Such spot fines may be collected by officers, not below the rank of a sanitary inspector, duly authorized by the Municipality in this behalf.

other agency authorized by it in, this behalf, to implement the provisions of the rules made by the Central Government in exercise of the powers Conferred by the Environment (Protection) Act, 1986, to regulate the management and handling of bio-medical wastes to the extent such rules apply to the Municipality. 131. It shall be the duty of the Municipality, either on its own or through any other agency authorized by it in this behalf, to implement the provisions of the rules made by the Central Government in exercise of the powers conferred by Hazardous wastes.

the Environment (Protection) Act, 1986, to regulate the management and handling of hazardous wastes to the extent such rules apply to the Municipality.

In this chapter unless the context otherwise requires,-

1. (a) "Chairperson" means the Chairperson of the State Commission;
2. (b) "High Court" means the High Court of the State:
3. (c) "Member" means a member of the State Commission, and includes the Chairperson, and a member of a regional branch of the State Commission;
4. (d) "State Commission" means the Municipal Regulatory Commission constituted under sub-section (1) of section 233. 233. (1) The State Government shall, within three months from the date of Constitution and commencement of this Act, by notification, constitute a State commission to be incorporation of known as the Arunachal Pradesh Municipal Regulatory Commission to exercise State Commission. the powers conferred on, and to perform the functions assigned to, it under this Act.

1. (2) The State Commission shall be a body corporate, having perpetual succession and a common seal, and shall have the power to acquire, hold and dispose of property, both movable and immovable, and to contract and shall, by the name as aforesaid sue or be sued.
2. (3) The head office of State commission shall be at such place as the State Government may, by notification, specify.
3. (4) The State Commission shall consist of such members including the chairperson, being not more than five, as the State Government may determine. Provided that the State Government may establish one or more regional branches of the State Commission for such area or areas as the State Government may determine, and each such regional branch shall have not less than two and not more than three members.
4. (5) The Chairperson and the other members shall be persons of ability, integrity and standing who have adequate" knowledge of, and have shown capacity in dealing with problems relating to, urban affairs, municipal finance, economics, engineering, law or management: Provided that the member of a regional branch of the State Commission for an area shall be persons having adequate knowledge of that area.
5. (6) The Chairpersons and the other members shall be appointed by the State Government on the recommendation of the Selection Committee constituted under section 234.
6. (7) Notwithstanding anything contained in sub-section (5) or sub-section (6), the State Government may appoint any person as the Chairperson from amongst the persons who are or have been the judges of the High Court: Provided that no such appointment shall be made except in consultation with the Chief Justice of the High Court; Provided further that the State Government may appoint one of the members of a regional branch of the State commission from amongst the persons who are or have been the District and Sessions judges: Provided also that no such appointment shall be made except after consultation with Chief Justice of the High Court.
7. (8) The Chairperson shall be the Chief Executive of the State Commission.
8. (9) The Chairperson or any other member shall not hold any other office. 234. (1) The State Government shall, for the purposes of selection of members, Constitution of constitute a Selection committee consisting of- Selection Committee by State
   • (a) a person, who has been the judge of the High Court, to be the Chair Government. Person, and i. the Chief Secretary to the State Government, and ii. an expert having not less than ten years experience in infrastructure finance, to be nominated by the state Government; Provided that nothing contained in this subsection shall apply to the appointment of a person, who is or has been the judge of the High court, as the Chairperson.
9. (2) No appointment of a member shall be invalid merely by reason of any vacancy in the Selection committee.
10. (3) The State Government shall, within one month from the date of occurrence of any vacancy by reason of death, resignation or removal, and six months before the superannuation, or the expiry of the term of office, of a member, make a reference to the Selection committee for filing up of such vacancy.
11. (4) The Selection Committee shall finalize the selection of a member within one month from the date of reference to it by the State Government.
12. (5) Upon reference by the State Government, the Selection Committee shall recommend a panel of two names for every vacancy in the office of a member.
13. (6) Before recommending any person for appointment as a member, the Selection Committee shall satisfy itself that such person does not have any financial or other interest which is likely to affect prejudicially his function as a member. 235. (I) The Chairperson and the other members shall hold office as such for a Term of office, salary term office years from the date of entering upon office, but shall not be eligible and allowances and for re-appointment: other conditions of service of
    • (a) in the case of the Chairperson, the age of sixty-five years, and Chairperson and
    • (b) in the case of any other member, the age of sixty-two years. other members.
14. (2) The salary and allowances payable to, and the other terms and conditions of service of, the Chairperson and the other members shall be such as may be prescribed.
15. (3) The salary and allowances and the other terms and conditions of service of the chairperson or any other member shall not be varied to his disadvantage.
16. (4) The Chairperson and every other member shall before entering upon office, make, and subscribe to, an oath of office and of secrecy in such Form and manner, and before such authority, as may be prescribed.
17. (5) Notwithstanding anything contained in sub-section (1) or sub-section (2), the chairperson or any other member may-
    • (a) relinquish his office by giving, in writing, to the Governor a notice of not less than three months; or
    • (b) be removed from his office in accordance with the Provisions of section 236.
18. (6) The Chairperson or any other member ceasing to hold office as such shall be ineligible for further employment under the Central Government or any State Government for a period of two years from the date from which he ceases to hold such office, and shall not-
    • (a) accept any commercial employment for a period of two years from the date from which he ceases to hold such office, and
    • (b) represent in any manner any person before the State Commission or any similar Commission constituted by any other State Government- Explanation - For the purposes of this subsection,- i. "employment under the Central Government or any State Government" shall include employment under a local authority or any other authority within the territory of India or under the control of the central Government or a State Government or under any corporation or society owned or controlled by the Central Government or a State Government ; ii. "commercial employment, shall mean employment in any capacity under, or as agent of, a person engaged in any trading, or commercial, industrial, or financial business, in any public utility undertaking, and shall include employment as a director of a company or partner of a firm, and shall also include sitting up of practice, either independently or as a partner of a firm or as an adviser or a consultant. 236. (1) Subject to the provisions of subsection (3), the Chairperson or any other Removal of member shall only be removed from his office by order of the Governor on the Chairperson and ground of proved misbehaviour after the High Court, on reference being made to other members. it by the Governor, has, on inquiry held in accordance with such procedure as may be prescribed in that behalf by the High Court, reported that the member ought, on such ground, to be removed.
19. (2) The Governor may suspend the chairperson or any other member in respect of whom a reference has been made to the High Court under subsection
    • (I) until the Governor has passed orders on receipt of the report of the High Court on such reference.
20. (3) Notwithstanding anything contained in subsection (1), the Governor may, by order, remove from office the Chairperson or any other member, if he-
    • (a) has been adjudged an insolvent, or
    • (b) has been convicted of an offence which, in the opinion of the State Government, involves moral turpitude, or
    • (c) has become physically or mentally incapable of action as a member or
    • (d) has acquired such financial or other interest as is likely to affect prejudicially his functioning as a member, or
    • (e) has so abused his position as to render his continuance in office prejudicial to the public interest.
21. (4) Notwithstanding anything contained in sub-section (3), the Chairperson or any other member shall not be removed from his office under this subsection unless the High Court, on a reference being made to it in this behalf by such procedure as may be prescribed in this behalf by the High court reported that the member ought, on such ground, to be removed. 237.(1)The State Commission may appoint a Secretary to exercise such Officers of State and powers, and perform such duties, under the control of the Chairperson, as may Commission other be specified by regulations made by the State Commission. staff.
22. (2) The State commission may, with the approval of the State Government, determine the number, nature and categories of other officers and employees required to assist the State commission in the discharge of its functions.
23. (3) The salaries and allowances payable to, and the other terms and conditions of service of the secretary and the other officers and employees of the State commission shall be such as may be determined by the State Commission by regulations with the approval of the State Government.
24. (4) The State Commission may appoint consultants to assist the State

1. (1) The State Government shall, within three months from the date of Constitution and commencement of this Act, by notification, constitute a State commission to be incorporation of known as the Arunachal Pradesh Municipal Regulatory Commission to exercise State Commission. the powers conferred on, and to perform the functions assigned to, it under this Act. (2) The State Commission shall be a body corporate, having perpetual succession and a common seal, and shall have the power to acquire, hold and dispose of property, both movable and immovable, and to contract and shall, by the name as aforesaid sue or be sued. (3) The head office of State commission shall be at such place as the State Government may, by notification, specify. (4) The State Commission shall consist of such members including the chairperson, being not more than five, as the State Government may determine. Provided that the State Government may establish one or more regional branches of the State Commission for such area or areas as the State Government may determine, and each such regional branch shall have not less than two and not more than three members. (5) The Chairperson and the other members shall be persons of ability, integrity and standing who have adequate" knowledge of, and have shown capacity in dealing with problems relating to, urban affairs, municipal finance, economics, engineering, law or management: Provided that the member of a regional branch of the State Commission for an area shall be persons having adequate knowledge of that area. (6) The Chairpersons and the other members shall be appointed by the State Government on the recommendation of the Selection Committee constituted under section 234. (7) Notwithstanding anything contained in sub-section (5) or sub-section (6), the State Government may appoint any person as the Chairperson from amongst the persons who are or have been the judges of the High Court: Provided that no such appointment shall be made except in consultation with the Chief Justice of the High Court; Provided further that the State Government may appoint one of the members of a regional branch of the State commission from amongst the persons who are or have been the District and Sessions judges: Provided also that no such appointment shall be made except after consultation with Chief Justice of the High Court. (8) The Chairperson shall be the Chief Executive of the State Commission. (9) The Chairperson or any other member shall not hold any other office.

commencement of this Act, by notification, constitute a State commission to be incorporation of known as the Arunachal Pradesh Municipal Regulatory Commission to exercise State Commission. the powers conferred on, and to perform the functions assigned to, it under this

Act.

1. (2) The State Commission shall be a body corporate, having perpetual succession and a common seal, and shall have the power to acquire, hold and dispose of property, both movable and immovable, and to contract and shall, by the name as aforesaid sue or be sued.
2. (3) The head office of State commission shall be at such place as the State Government may, by notification, specify.
3. (4) The State Commission shall consist of such members including the chairperson, being not more than five, as the State Government may determine. Provided that the State Government may establish one or more regional branches of the State Commission for such area or areas as the State Government may determine, and each such regional branch shall have not less than two and not more than three members.
4. (5) The Chairperson and the other members shall be persons of ability, integrity and standing who have adequate" knowledge of, and have shown capacity in dealing with problems relating to, urban affairs, municipal finance, economics, engineering, law or management: Provided that the member of a regional branch of the State Commission for an area shall be persons having adequate knowledge of that area.
5. (6) The Chairpersons and the other members shall be appointed by the State Government on the recommendation of the Selection Committee constituted under section 234.
6. (7) Notwithstanding anything contained in sub-section (5) or sub-section (6), the State Government may appoint any person as the Chairperson from amongst the persons who are or have been the judges of the High Court: Provided that no such appointment shall be made except in consultation with the Chief Justice of the High Court; Provided further that the State Government may appoint one of the members of a regional branch of the State commission from amongst the persons who are or have been the District and Sessions judges: Provided also that no such appointment shall be made except after consultation with Chief Justice of the High Court.
7. (8) The Chairperson shall be the Chief Executive of the State Commission.
8. (9) The Chairperson or any other member shall not hold any other office.

1. (1) The State Government shall, for the purposes of selection of members, Constitution of constitute a Selection committee consisting of- Selection Committee by State (a) a person, who has been the judge of the High Court, to be the Chair Government. Person, and i. the Chief Secretary to the State Government, and ii. an expert having not less than ten years experience in infrastructure finance, to be nominated by the state Government; Provided that nothing contained in this subsection shall apply to the appointment of a person, who is or has been the judge of the High court, as the Chairperson. (2) No appointment of a member shall be invalid merely by reason of any vacancy in the Selection committee. (3) The State Government shall, within one month from the date of occurrence of any vacancy by reason of death, resignation or removal, and six months before the superannuation, or the expiry of the term of office, of a member, make a reference to the Selection committee for filing up of such vacancy. (4) The Selection Committee shall finalize the selection of a member within one month from the date of reference to it by the State Government. (5) Upon reference by the State Government, the Selection Committee shall recommend a panel of two names for every vacancy in the office of a member. (6) Before recommending any person for appointment as a member, the Selection Committee shall satisfy itself that such person does not have any financial or other interest which is likely to affect prejudicially his function as a member.

constitute a Selection committee consisting of- Selection Committee by State

1. (a) a person, who has been the judge of the High Court, to be the Chair Government. Person, and i. the Chief Secretary to the State Government, and ii. an expert having not less than ten years experience in infrastructure finance, to be nominated by the state Government; Provided that nothing contained in this subsection shall apply to the appointment of a person, who is or has been the judge of the High court, as the Chairperson.

1. (2) No appointment of a member shall be invalid merely by reason of any vacancy in the Selection committee.
2. (3) The State Government shall, within one month from the date of occurrence of any vacancy by reason of death, resignation or removal, and six months before the superannuation, or the expiry of the term of office, of a member, make a reference to the Selection committee for filing up of such vacancy.
3. (4) The Selection Committee shall finalize the selection of a member within one month from the date of reference to it by the State Government.
4. (5) Upon reference by the State Government, the Selection Committee shall recommend a panel of two names for every vacancy in the office of a member.
5. (6) Before recommending any person for appointment as a member, the Selection Committee shall satisfy itself that such person does not have any financial or other interest which is likely to affect prejudicially his function as a member.

term office years from the date of entering upon office, but shall not be eligible and allowances and for re-appointment: other conditions of service of

1. (a) in the case of the Chairperson, the age of sixty-five years, and Chairperson and
2. (b) in the case of any other member, the age of sixty-two years. other members.

1. (2) The salary and allowances payable to, and the other terms and conditions of service of, the Chairperson and the other members shall be such as may be prescribed.
2. (3) The salary and allowances and the other terms and conditions of service of the chairperson or any other member shall not be varied to his disadvantage.
3. (4) The Chairperson and every other member shall before entering upon office, make, and subscribe to, an oath of office and of secrecy in such Form and manner, and before such authority, as may be prescribed.
4. (5) Notwithstanding anything contained in sub-section (1) or sub-section (2), the chairperson or any other member may-
   • (a) relinquish his office by giving, in writing, to the Governor a notice of not less than three months; or
   • (b) be removed from his office in accordance with the Provisions of section

1. (6) The Chairperson or any other member ceasing to hold office as such shall be ineligible for further employment under the Central Government or any State Government for a period of two years from the date from which he ceases to hold such office, and shall not-
   • (a) accept any commercial employment for a period of two years from the date from which he ceases to hold such office, and
   • (b) represent in any manner any person before the State Commission or any similar Commission constituted by any other State Government- Explanation - For the purposes of this subsection,- i. "employment under the Central Government or any State Government" shall include employment under a local authority or any other authority within the territory of India or under the control of the central Government or a State Government or under any corporation or society owned or controlled by the Central Government or a State Government ; ii. "commercial employment, shall mean employment in any capacity under, or as agent of, a person engaged in any trading, or commercial, industrial, or financial business, in any public utility undertaking, and shall include employment as a director of a company or partner of a firm, and shall also include sitting up of practice, either independently or as a partner of a firm or as an adviser or a consultant.

1. (1) Notwithstanding anything contained elsewhere in this Act, the state Functions of State Commission shall discharge the following functions, namely:- Commission.
   • (a) to determine separately for each-Municipality the rate at which payment shall be made for water-supply under sub-section (2) of section 272 and sub-section (2) of section 273,
   • (b) to determine separately for each Municipality the sewerage charges on the owners of premises for connection of such premises to sewerage mains under sub-section (1) of section 217,
   • (c) to determine separately for each Municipality the rate or the principles for determination of the amount of charges for solid waste management under clause (ii) of section 130,
   • (d) to determine separately for each Municipality, the rate or the principles for determination of charges for any other services,
   • (e) to set standards for the provision of municipal services in the State including standards relating to quality, continuity and reliability of such services,
   • (f) to suggest avenues for participation of private sector in the provision of municipal services, to ensure a fair deal to the citizens, and to promote competition, efficiency and economy in the activities of the Municipalities in the provision of municipal services.
2. (2) Without prejudice to subsection (I), the State Government may, by notification, confer any of the following functions on the State commission, namely:-
   • (a) to aid and advise the State Government on any matter concerning the provision of municipal services in the State and the formulation of State policies in this regard,
   • (b) to collect and record information concerning the provision of municipal services in the State,
   • (c) to collect and publish data and forecasts on the demand for, and the use of, municipal services in the State,
   • (d) do adjudicate upon the disputes and differences between any municipal authority and any suppliers of municipal services in the public or private sector on behalf of such municipal authority, or to refer such matters for arbitration,
   • (e) to co-ordinate with the environmental regulatory agencies and to evolve policies and procedure for appropriate environmental regulation of municipal services,
   • (f) and to aid and advise the State Government on any other related matters referred to the State Commission by the State Government" 239 (1) The State commission may, by notification, constitute, with effect from The State Municipal such date as it may specify in such notification, a Committee to be known as Advisory Committee. the State Municipal Advisory Committee.
3. (2) The State Municipal Advisory Committee shall consist of not more than twenty-one members to represent the interest of commerce, industry, transport, agriculture, labour, consumers of civic, services, Municipalities, non- governmental organizations and academic and research bodies in the municipal affairs sector.
4. (3) The Chairperson and the other members shall be the ex-officio

The objects and functions of the State Municipal Advisory Committee shall Objects and be to advise the State commission on- functions of the State Municipal.

1. (a) major questions of policy; Advisory Committee.
2. (b) matters relating to quality, continuity and extent of municipal services provided by the municipal authorities:
3. (c) protection of consumers of municipal services; and
4. (d) improvement of overall standards of performance, efficiency and economy in the provision of municipal services by municipal authorities.

represent the interest of the consumers of municipal services in the proceedings before State before it.

1. (1) Any person aggrieved by any decision or order of the State Commission Appeal to High Court may file an appeal to the High Court. in certain cases.
2. (2) Except as aforesaid, no appeal or revision shall lie to any Court from any decision or order of the State Commission.
3. (3) Every appeal under this section shall be preferred within sixty days from the date of communication of the decision or order of the State Commission to the person aggrieved by the said decision or order: Provided that High Court may entertain an appeal after the expiry of the said period of sixty days, if it is satisfied that the aggrieved person had sufficient cause for not preferring the appeal within the said period of sixty days. 243. (1) Notwithstanding anything contained in any other law for the time being Determination in force, the rates of user charges referred to in section 238 shall be determined Of rates of user by the State Commission in accordance with the provisions of this Act and the charges by rules and the regulations made thereunder. State Commission.
4. (2) The State Commission shall determine by regulations separately for each Municipality the terms and conditions of, and the rates for, user charges as aforesaid and, in doing so, shall be guided by the following considerations, namely:-
   • (a) that the rates progressively reflect the cost of supply of municipal services at an adequate and improving level of efficiency,
   • (b) the factors which would encourage efficiency, economical use of resources, god performance, optimum investments and other matters which the State Commission my consider appropriate;
   • (c) that the interest of the consumers of the municipal services are safeguarded and, at the same time, the consumers pay for availing of the municipal services in a reasonable manner based on the average cost of such services: and
   • (d) the production, distribution, and supply of municipal civic services are conducted on commercial basis.
5. (3) The State Commission, while determining the user charges under this Act, shall not have any undue preference for any Municipality but may differentiate between different Municipalities, having regard to the population, density of population, revenue generation, economic importance and the actual conditions obtaining in different municipal areas and the managerial, technical, financial and organizational capacities of different Municipalities.
6. (4) If the State Government requires the grant of any subsidy to any consumer or class of consumers of municipal services in the rates of user charges determined by the State Commission under this section, the State Government shall pay the amount to compensate the Municipality or any other agency affected by the grant of such subsidy in such manner as the State Commission may direct as a condition for implementation of the subsidy provided by the State Government.
7. (5) Where the State Commission departs from any of the considerations specified in sub-section (2), it shall record the reasons in writing for such departure.

in force, the rates of user charges referred to in section 238 shall be determined Of rates of user by the State Commission in accordance with the provisions of this Act and the charges by rules and the regulations made thereunder. State Commission.

1. (2) The State Commission shall determine by regulations separately for each Municipality the terms and conditions of, and the rates for, user charges as aforesaid and, in doing so, shall be guided by the following considerations, namely:-
   • (a) that the rates progressively reflect the cost of supply of municipal services at an adequate and improving level of efficiency,
   • (b) the factors which would encourage efficiency, economical use of resources, god performance, optimum investments and other matters which the State Commission my consider appropriate;
   • (c) that the interest of the consumers of the municipal services are safeguarded and, at the same time, the consumers pay for availing of the municipal services in a reasonable manner based on the average cost of such services: and
   • (d) the production, distribution, and supply of municipal civic services are conducted on commercial basis.
2. (3) The State Commission, while determining the user charges under this Act, shall not have any undue preference for any Municipality but may differentiate between different Municipalities, having regard to the population, density of population, revenue generation, economic importance and the actual conditions obtaining in different municipal areas and the managerial, technical, financial and organizational capacities of different Municipalities.
3. (4) If the State Government requires the grant of any subsidy to any consumer or class of consumers of municipal services in the rates of user charges determined by the State Commission under this section, the State Government shall pay the amount to compensate the Municipality or any other agency affected by the grant of such subsidy in such manner as the State Commission may direct as a condition for implementation of the subsidy provided by the State Government.
4. (5) Where the State Commission departs from any of the considerations specified in sub-section (2), it shall record the reasons in writing for such departure.

each financial year, as may be prescribed, its budget for the next financial year, commission. showing the estimated receipts and expenditure of the state Commission, and forward the budget to the State Government. 245. (1) The State Commission shall maintain proper accounts and other Accounts and audit relevant records and prepare an annual statement of accounts in such Form as of the State may be determined by the State Government in consultation with the comptroller Commission. and Auditor General of India.

1. (2) The accounts of the State Commission shall be audited by the Comptroller and Auditor- General of India at such intervals as may be determined by him, and any expenditure incurred in connection with such audit shall be payable by the State Commission to the Comptroller and Auditor- General of India.
2. (3) The Comptroller and Auditor-General of India and any person appointed by him in connection with the audit of the accounts of the State Commission under this Act shall have the same rights and privileges and authority in connection with such audit as the Comptroller and Auditor-General of India generally has in connection with the audit of Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the State Commission.
3. (4) The accounts of the State Commission, as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf, together with the audit report thereon shall be forwarded annually to the State Government by the State Commission and the State Government shall cause the audit report to be laid, as soon as may be after it is received, before State

relevant records and prepare an annual statement of accounts in such Form as of the State may be determined by the State Government in consultation with the comptroller Commission. and Auditor General of India.

1. (2) The accounts of the State Commission shall be audited by the Comptroller and Auditor- General of India at such intervals as may be determined by him, and any expenditure incurred in connection with such audit shall be payable by the State Commission to the Comptroller and Auditor- General of India.
2. (3) The Comptroller and Auditor-General of India and any person appointed by him in connection with the audit of the accounts of the State Commission under this Act shall have the same rights and privileges and authority in connection with such audit as the Comptroller and Auditor-General of India generally has in connection with the audit of Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the State Commission.
3. (4) The accounts of the State Commission, as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf, together with the audit report thereon shall be forwarded annually to the State Government by the State Commission and the State Government shall cause the audit report to be laid, as soon as may be after it is received, before State Legislature.

1. (1) The State Commission shall prepare every year in such Form, and Annual report of the within such time, as may be prescribed; an annual report giving a summary of its State Commission. activities during the previous year and copies of the report shall be forwarded to the State Government.
2. (2) A copy of the annual report received under subsection (1) shall be laid, as soon as may be after it is received, before the State Legislature.

powers and discharging the functions under this Act.

1. (1) In the discharge of its functions, the State Commission shall be guided Directions by State by such directions in matters of policy involving public interest as the State Government. Government may give to it in writing.
2. (2) If any question arises as to whether any such direction relates to a matter of policy involving public interest, the decision of the State Government thereon shall be final.

judicial proceedings within the meaning of section 193 and section22S of the State Commission.

No suit, prosecution or other legal proceeding shall lie against the State Protection of action Government or the State Commission or any officer of the State Commission for taken in good faith. anything which is in good faith done or intended to be done under this chapter or the rules or the regulations made thereunder.

within such time as may be specified in the said order or direction or compliance of orders contravenes, or attempts to contravene, or abets the contravention of, any of the or directions under provisions of this chapter or any rules or regulations made thereunder shall be this Act. punishable with imprisonment for a term which may extend to six months or with fine, which may extend to twenty-five thousand rupees, or with both, in respect of each such offence, and, in the case of a continuing offence, with an additional fine which may extend to one thousand rupees for every day during which the offence continues after conviction for the first such offence. 252. (1) In case any complaint is filed before the State Commission by any Punishment for non- person or if the State Commission is satisfied that any person has contravened compliance of any directions issued by the State Commission under this chapter, or the rules directions given by or the regulations made thereunder, the State Commission may, after giving State Commission.

such person an opportunity of being heard in the matter, by order in writing, direct that without prejudice to any other penalty to which he may be liable under this chapter, such person shall pay by way of penalty, a fine which shall not exceed twenty-five thousand rupees for each such contravention and, in the case of a continuing continues after first such contravention.

1. (2) Any amount payable under this section, if not paid, may be recovered as an arrear of land revenue.

person or if the State Commission is satisfied that any person has contravened compliance of any directions issued by the State Commission under this chapter, or the rules directions given by or the regulations made thereunder, the State Commission may, after giving State Commission.

such person an opportunity of being heard in the matter, by order in writing, direct that without prejudice to any other penalty to which he may be liable under this chapter, such person shall pay by way of penalty, a fine which shall not exceed twenty-five thousand rupees for each such contravention and, in the case of a continuing continues after first such contravention.

1. (2) Any amount payable under this section, if not paid, may be recovered as an arrear of land revenue.

Officer, specially authorized in this behalf by the State Commission may enter any building or place where the State Commission has reason to believe that any document relating to the subject matter of the inquiry may be found, and may seize any such document or take extracts or copies there from, subject to the provisions of section 100 of the Code of Criminal Procedure, 1973, in so far as it may be applicable.

except upon a complaint, in writing, made by the State Commission or by any offences. officer duly authorized by the State Commission in this behalf.

instrument having effect by virtue of this chapter or the rule or the regulation laws. made thereunder shall have effect in so far as it is inconsistent with any provisions of the Consumer protection Act, 1986.

to any member or any officer of the State Commission, or any other person, subject to such conditions, if any, as may be specified in the order, such of its powers and functions under this chapter, except the power to adjudicate disputes under clause (d) of sub-section (2) of section 259, as it may deem necessary.

shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force. 258. (1) The State Government may, by notification, make rules to carry out the Power of State purposes of this chapter. Government to make rules.

1. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-
   • (a) the salary, allowances and other terms and conditions of service of the chairperson and the other members under sub-section (2) of section 235;
   • (b) the Form and the manner in which, and the authority before whom, the oath of office and secrecy shall be subscribed under sub-section (4) of section 235;
   • (c) the Form in which, and the time at which the State Commission shall prepare its budget under section 244;
   • (d) the Form in which the annual statement of accounts sha11 be prepared by the State Commission under sub-section (1) of section 245;
   • (e) the Form in which, and the time within which’ the annual report shall be furnished under sub-section (1) of section 246;
   • (f) any other matter which may be, or is required to be, Prescribed by rules. 259. (1) The State Commission may, by notification, make regulations Power of State consistent with this Act and the rules make thereunder to carry out the purposes Commission to make of this Act. regulations.
2. (2) In particular and without prejudice to the. generality of the foregoing power, such regulations may provide for all any of the following matters, namely:-
   • (a) the powers and the duties of the Secretary under sub-section (1) of section 237;
   • (b) the salary and allowances and the other terms and conditions of service of the Secretary and the other officers and other employees under sub- section (3) of section 237;
   • (c) the terms and conditions of appointment of consultants under sub- section (4) of section 231;
   • (d) the manner in which the rates of user charges shall be determined under section 243;
   • (e) any other matter which may be, or is required to be, provided by regulations. Chapter-XXVII Communication Systems A. Public Streets

purposes of this chapter. Government to make rules.

1. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-
   • (a) the salary, allowances and other terms and conditions of service of the chairperson and the other members under sub-section (2) of section 235;
   • (b) the Form and the manner in which, and the authority before whom, the oath of office and secrecy shall be subscribed under sub-section (4) of section 235;
   • (c) the Form in which, and the time at which the State Commission shall prepare its budget under section 244;
   • (d) the Form in which the annual statement of accounts sha11 be prepared by the State Commission under sub-section (1) of section 245;
   • (e) the Form in which, and the time within which’ the annual report shall be furnished under sub-section (1) of section 246;
   • (f) any other matter which may be, or is required to be, Prescribed by rules.

consistent with this Act and the rules make thereunder to carry out the purposes Commission to make of this Act. regulations.

1. (2) In particular and without prejudice to the. generality of the foregoing power, such regulations may provide for all any of the following matters, namely:-
   • (a) the powers and the duties of the Secretary under sub-section (1) of section 237;
   • (b) the salary and allowances and the other terms and conditions of service of the Secretary and the other officers and other employees under sub- section (3) of section 237;
   • (c) the terms and conditions of appointment of consultants under sub- section (4) of section 231;
   • (d) the manner in which the rates of user charges shall be determined under section 243;
   • (e) any other matter which may be, or is required to be, provided by regulations. Chapter-XXVII Communication Systems A. Public Streets

(a) the surface transport systems shall include streets, roads, footpaths, Surface transport pedestrian pathways, parking areas, transportation terminals, both for SE aamories passengers and goods, bridges, subways, over-bridges, ferries and inland : water transport systems, and (b) the transport system accessories shall includes traffic engineering schemes, street furniture, street lighting, parking lots and bus stops. 261. (1) Subjects to the provisions of chapter XXI, all public streets and parking Vestin of ublic areas in any municipal area including the soil, sub-soil, stones, other materials, choot) Monica side-drains, footpaths, pavements, sub-ways and over-bridges and all erections, pality. implements and trees and other things provided therein, shall vest in the Municipality: Provided that no public street in the municipal area, which immediately before the commencement of this Act vested in the State Government or in any authority under any law for the time being in force, unless so directed by the authority competent to take a decision in this behalf vest in the Municipality by virtue of this sub- section. (2) The State Government may, subject to such terms and condition as it may determine, by notification- (a) transfer to any Municipality any public street or parking area belonging to it, or (b) take over from any Municipality any public street or parking area, or (c) transfer such public street or parking area, so taken over, to any authority under any law for the time being in force, or any other agency, for a limited period for the purpose of proper maintenance and development of such public street or parking area by such Municipality or the State Government or such authority or agency" as the case may be. (3) The Chief Municipal Executive Officer/ Municipal Executive Officer shall maintain a register, in such Form, and in such manner, as may be specified by regulations, and such register shall separately include a list of all public streets vested in the Municipal or in such authority or agency. (4) Thu Municipality may publish, in such Form, and in such manner, as may be provided by regulations, the contents of such register for sale to the public. 262. (1) Subject to the provisions of section 10, the Municipality or any other Functions, of agency, as the case may be, shall cause all public streets’ parking areas, res: or A ublic squares, sub-ways or over-bridges vested in it to be developed, maintained, rie etc p controlled and regulated in accordance with the provisions of this Act and the : regulations made thereunder. (2) The Municipality or any other agency, as the case may be, shall, from time to time' cause all public streets vested in it to be levelled, metalled, paved, chandelled, altered or repaired, and may widen extend or otherwise improve any such street or cause the soil thereof to be raised, lowered or altered or may place and repair fences and guardrails thereon for the safety of pedestrians.

areas in any municipal area including the soil, sub-soil, stones, other materials, choot) Monica

side-drains, footpaths, pavements, sub-ways and over-bridges and all erections, pality. implements and trees and other things provided therein, shall vest in the

Municipality:

Provided that no public street in the municipal area, which immediately

before the commencement of this Act vested in the State Government or in any

authority under any law for the time being in force, unless so directed by the

authority competent to take a decision in this behalf vest in the Municipality by

virtue of this sub- section.

1. (2) The State Government may, subject to such terms and condition as it may determine, by notification-
   • (a) transfer to any Municipality any public street or parking area belonging to it, or
   • (b) take over from any Municipality any public street or parking area, or
   • (c) transfer such public street or parking area, so taken over, to any authority under any law for the time being in force, or any other agency, for a limited period for the purpose of proper maintenance and development of such public street or parking area by such Municipality or the State Government or such authority or agency" as the case may be.
2. (3) The Chief Municipal Executive Officer/ Municipal Executive Officer shall maintain a register, in such Form, and in such manner, as may be specified by regulations, and such register shall separately include a list of all public streets vested in the Municipal or in such authority or agency.
3. (4) Thu Municipality may publish, in such Form, and in such manner, as may be provided by regulations, the contents of such register for sale to the public.

1. (1) Subject to the provisions of section 10, the Municipality or any other Functions, of agency, as the case may be, shall cause all public streets’ parking areas, res: or A ublic squares, sub-ways or over-bridges vested in it to be developed, maintained, rie etc p controlled and regulated in accordance with the provisions of this Act and the : regulations made thereunder. (2) The Municipality or any other agency, as the case may be, shall, from time to time' cause all public streets vested in it to be levelled, metalled, paved, chandelled, altered or repaired, and may widen extend or otherwise improve any such street or cause the soil thereof to be raised, lowered or altered or may place and repair fences and guardrails thereon for the safety of pedestrians.

agency, as the case may be, shall cause all public streets’ parking areas, res: or A ublic

squares, sub-ways or over-bridges vested in it to be developed, maintained, rie etc p

controlled and regulated in accordance with the provisions of this Act and the :

regulations made thereunder.

1. (2) The Municipality or any other agency, as the case may be, shall, from time to time' cause all public streets vested in it to be levelled, metalled, paved, chandelled, altered or repaired, and may widen extend or otherwise improve any such street or cause the soil thereof to be raised, lowered or altered or may place and repair fences and guardrails thereon for the safety of pedestrians.

agency, as the case may be, may, at any,- public streets etc. a) lay out and make new public streets, or b) construct bridges or sub-ways, or c) turn or divert any existing public street, or d) lay down and determine the position and direction of a street or streets in any part of the municipal area notwithstanding that no proposal for the erection of any building in its vicinity has been received, or e) declare any street, made and duly constructed under any scheme or any development or improvement scheme in pursuance of the provisions of any law for the time being in force, to be a public street, or f) declare any private street to be a public street.

shall be less than ten metres in width including the footpath: public street. Provided that such width may be reduced by the Municipality in the case of a class ‘C’ municipal area or a transitional area, for reasons to be recorded in writing, but the width shall in no case be less than six meters. 265. (1) The Municipality may, subject to the other provisions of this Act, require Acquisition of lands to be acquired- and buildings for public streets, public

1. (a) any land together with structure including building, if any, standing parking places and thereon for the purpose of opening, widening, extending or otherwise transportation improving any public street, parking or transportation terminal, square, terminals. park or garden or making a new one or for enforcing the regular line of street,
2. (b) in relation to any land or any structure including building as aforesaid, such land or structure including building as the Municipality may think expedient, outside the regular line or projected regular line of the public street as aforesaid, and
3. (c) any land for the purpose of laying out, or making a public parking place.

1. (2) Where any land or structure including building is required to be acquired under subsection (1) and the Municipality is satisfied that the remaining portion of the land will not be suitable or fit for any beneficial use to the owner, it shall, at the request of the owner, proceed for the acquisition, in addition, of such remaining portion of the land which shall, on acquisition, vest in the Municipality.
2. (3) Where any land or structure including building is required to be acquired under sub-section (1) or sub-section (2), the procedure for such acquisition as provided in this Act shall apply. 266. (1) The Municipality may permanently close the whole any part of a public Permanent closure street in the public interest or for the purpose of carrying out the provisions of sure of public street. this Act: Provided that before closing such public street, the Municipality shall’ by notice published in such manner as may be provided by regulations, give an opportunity to the residents likely to be affected by such closure to make suggestions or objections, with respect to such closure, within one month from the date of publication of the said notice, and shall consider all such suggestions, or objections.
3. (2) Whenever any public street or part thereof is permanently close under sub-section (1) the site of such street or any portion thereof may be disposed of as land vested in the Municipality.

to be acquired- and buildings for public streets, public

1. (a) any land together with structure including building, if any, standing parking places and thereon for the purpose of opening, widening, extending or otherwise transportation improving any public street, parking or transportation terminal, square, terminals. park or garden or making a new one or for enforcing the regular line of street,
2. (b) in relation to any land or any structure including building as aforesaid, such land or structure including building as the Municipality may think expedient, outside the regular line or projected regular line of the public street as aforesaid, and
3. (c) any land for the purpose of laying out, or making a public parking place.

1. (2) Where any land or structure including building is required to be acquired under subsection (1) and the Municipality is satisfied that the remaining portion of the land will not be suitable or fit for any beneficial use to the owner, it shall, at the request of the owner, proceed for the acquisition, in addition, of such remaining portion of the land which shall, on acquisition, vest in the Municipality.
2. (3) Where any land or structure including building is required to be acquired under sub-section (1) or sub-section (2), the procedure for such acquisition as provided in this Act shall apply.

street in the public interest or for the purpose of carrying out the provisions of sure of public street. this Act: Provided that before closing such public street, the Municipality shall’ by notice published in such manner as may be provided by regulations, give an opportunity to the residents likely to be affected by such closure to make suggestions or objections, with respect to such closure, within one month from the date of publication of the said notice, and shall consider all such suggestions, or objections.

1. (2) Whenever any public street or part thereof is permanently close under sub-section (1) the site of such street or any portion thereof may be disposed of as land vested in the Municipality.

temporarily close the whole or any part of a public street to permit development sure of public street. and street and may authorize such closure for other purposes for any period not exceeding fifteen days. 268. (1) The Municipal may close any portion of a public street and declare it as Closure of public a parking area, (2) Parking fees at different rates for different types of vehicles, street for parking

in different areas’ for different times of the day, and for different durations may purposes and levy of be levied at such rates as may be determined by the Municipality by regulations parking fee. from time to time. 269. (I) If any privates street has been levelled, paved, metalled, flagged, Rights of owners to channelled, sewered, drained, conserved, and lighted to the satisfaction of the require streets to be Chief Municipal Executive Officer/ Municipal Executive Officer, he may or on the declared public. requisition of a majority of the owners of such private street, shall declare such street to be a public street and, thereupon, the street shall vest in the Municipality.

1. (2) The Chief Municipal Executive Officer/ Municipal Executive Officer may, at any time, by a notice fixed up in any street or part thereof, not maintainable by the Municipality, but which has already been levelled, paved, metalled, flagged, channelled, drained, sewered, conserved and lighted to his satisfaction, give intimation of his intention to declare such street or part thereof to be a public street, and unless within thirty days of such notice, the owner or any one of the several owners of such street or such part of a sheet, lodges objection thereto at the office of the Municipality, the Chief Municipal Executive Officer/ Municipal Executive Officer may, by notice, in writing, put up in such street or part thereof, declare such street or part thereof, as the case may be, to be a public street vested in the Municipality. B.

a parking area, (2) Parking fees at different rates for different types of vehicles, street for parking

in different areas’ for different times of the day, and for different durations may purposes and levy of be levied at such rates as may be determined by the Municipality by regulations parking fee. from time to time.

channelled, sewered, drained, conserved, and lighted to the satisfaction of the require streets to be Chief Municipal Executive Officer/ Municipal Executive Officer, he may or on the declared public. requisition of a majority of the owners of such private street, shall declare such street to be a public street and, thereupon, the street shall vest in the Municipality.

1. (2) The Chief Municipal Executive Officer/ Municipal Executive Officer may, at any time, by a notice fixed up in any street or part thereof, not maintainable by the Municipality, but which has already been levelled, paved, metalled, flagged, channelled, drained, sewered, conserved and lighted to his satisfaction, give intimation of his intention to declare such street or part thereof to be a public street, and unless within thirty days of such notice, the owner or any one of the several owners of such street or such part of a sheet, lodges objection thereto at the office of the Municipality, the Chief Municipal Executive Officer/ Municipal Executive Officer may, by notice, in writing, put up in such street or part thereof, declare such street or part thereof, as the case may be, to be a public street vested in the Municipality. B. Traffic Engineering Schemes, Street Furniture, parking Lots and Bus Stops.

The Municipality may, either on its own or through any other agency Traffic engineering authorized by it in this behalf, as and when necessary having regard to the schemes. abutting land uses and traffic flow patterns, implement traffic engineering schemes to ensure public safety, convenience and expenditure movement of traffic including pedestrian traffic.

own or through any other agency authorized by it in this behalf, from time to bus stops. time, cause various items of street furniture including fences, guardrails, traffic lights signs, street markings, median strips, bus stops and any other item to be installed or done, and shall cause them to be maintained so as to ensure public safety and convenience and expeditious movement of traffic including pedestrian traffic. C. Street Lighting 272. (I) The chief Municipal Executive officer/Municipal Executive officer shall, Measures for either on his own or through any other agency:- lighting,

1. (a) take measures for lighting, in a suitable manner, such public streets and public places as may be specified by him,
2. (b) procure, erect and maintain such number of lamps, lamp-posts and other appurtenances as may be necessary for the purpose of lighting, and
3. (c) cause such lamps to be lighted by appropriate means.

1. (2) The Chief Municipal Executive Officer/ Municipal Executive Officer or any other agency may attach to the outside of any building brackets for lamps in such manner as it may not cause any injury or inconvenience thereto. Chapter-XXVIIl Market, Commercial Infrastructure and Slaughterhouses

either on his own or through any other agency:- lighting,

1. (a) take measures for lighting, in a suitable manner, such public streets and public places as may be specified by him,
2. (b) procure, erect and maintain such number of lamps, lamp-posts and other appurtenances as may be necessary for the purpose of lighting, and
3. (c) cause such lamps to be lighted by appropriate means.

1. (2) The Chief Municipal Executive Officer/ Municipal Executive Officer or any other agency may attach to the outside of any building brackets for lamps in such manner as it may not cause any injury or inconvenience thereto. Chapter-XXVIIl Market, Commercial Infrastructure and Slaughterhouses

own or through any other agency authorized by it in this behalf implement any nirastructure scheme for construction, operation, maintenance and management of commercial infrastructure including district centers, neighbourhood shopping

centers, shopping malls and office complexes' and may rent out, lease or dispose by outright sale, such commercial infrastructure or any part thereof. 274. (1) The Chief Municipal Executive Officer/Municipal Executive Officer may, Provision of either on his own or through any other agency, provide and maintain in the municipal markets municipal area such number of municipal markets, slaughter houses or and slaughter stockyards, as he thinks fit' together with stall, shops, sheds, pans and other houses. buildings and conveniences for the use of persons carrying on trade or business and may provide and maintain in any such markets, buildings or other places, machines, weight, scales and measures for the weighment or measurement of goods sold thereon.

1. (2) Subject to such directions as the Municipality may give in this behalf, the Chief Municipal Executive Officer Municipal Executive Officer any other agency, as the case may be, may, after giving u notice, close any municipal market or slaughter houses or stockyard or any portion thereof on and from the date specified in the notice, and the premises occupied for any municipal market, slaughterhouses or stockyard or any portion thereof so closed may be disposed of as the property of the Municipality. 275. (1) No person shall, without the general or special permission, in writing, of Use of municipal the Chief Municipal Executive Officer/ Municipal Executive Officer, sell, or markets. expose for sale, any animal or article in any municipal market within the municipal area.
2. (2) Any person contravening the provisions of subsection (1) and any animal or article exposed for sale by such person may, by or under the order of the Chief Municipal Executive Officer/ Municipal Executive Officer, be summarily removed from the market by a police officer or any officer or other employee of the Municipality authorized by the Chief Municipal Executive Officer/Municipal

1. (1) The Chief Municipal Executive Officer/Municipal Executive Officer may, Provision of either on his own or through any other agency, provide and maintain in the municipal markets municipal area such number of municipal markets, slaughter houses or and slaughter stockyards, as he thinks fit' together with stall, shops, sheds, pans and other houses. buildings and conveniences for the use of persons carrying on trade or business and may provide and maintain in any such markets, buildings or other places, machines, weight, scales and measures for the weighment or measurement of goods sold thereon. (2) Subject to such directions as the Municipality may give in this behalf, the Chief Municipal Executive Officer Municipal Executive Officer any other agency, as the case may be, may, after giving u notice, close any municipal market or slaughter houses or stockyard or any portion thereof on and from the date specified in the notice, and the premises occupied for any municipal market, slaughterhouses or stockyard or any portion thereof so closed may be disposed of as the property of the Municipality.

either on his own or through any other agency, provide and maintain in the municipal markets municipal area such number of municipal markets, slaughter houses or and slaughter stockyards, as he thinks fit' together with stall, shops, sheds, pans and other houses. buildings and conveniences for the use of persons carrying on trade or business and may provide and maintain in any such markets, buildings or other places, machines, weight, scales and measures for the weighment or measurement of goods sold thereon.

1. (2) Subject to such directions as the Municipality may give in this behalf, the Chief Municipal Executive Officer Municipal Executive Officer any other agency, as the case may be, may, after giving u notice, close any municipal market or slaughter houses or stockyard or any portion thereof on and from the date specified in the notice, and the premises occupied for any municipal market, slaughterhouses or stockyard or any portion thereof so closed may be disposed of as the property of the Municipality.

the Chief Municipal Executive Officer/ Municipal Executive Officer, sell, or markets. expose for sale, any animal or article in any municipal market within the municipal area.

1. (2) Any person contravening the provisions of subsection (1) and any animal or article exposed for sale by such person may, by or under the order of the Chief Municipal Executive Officer/ Municipal Executive Officer, be summarily removed from the market by a police officer or any officer or other employee of the Municipality authorized by the Chief Municipal Executive Officer/Municipal Executive Officer in this behalf.

Subject to such regulations as may be made from time to time, the Chief Levy of stallage, rent Municipal Executive Officer/ Municipal Executive Officer, either on his own or and fee. through any other agency, as the case may be, may charge stallage, rent or fee for the occupation or use of facilities in a municipal market or a municipal slaughterhouses. URBAN ENVIRONMENTAL MANAGEMENT COMMUNITY HEALTH AND PUBLIC SATETY Chapter - XXIX

1. (1) Subject to the provision of section 10, and having regard to the linkages between urban economy, infrastructure, productivity, poverty and environmental Duties of health in the municipal area, the Municipality shall take adequate measures for — Municipality.
   • (a) management of urban environment
   • (b) measuring quality of living and working environment,
   • (c) monitoring of pollution levels and
   • (d) undertaking health risk assessment.
2. (2) For carrying out the purposes of sub-section (1), the Municipality shall involve such professional agencies and community based organization, either in the public sector or in the private sector, as may be necessary, to —
   • (a) carry out studies on vulnerability and risk assessment,
   • (b) enhance the capability of concerned municipal or other agencies through research and training activities for better management of environment,
   • (c) prepare environmental management strategy and action plan, and establish adequate institutional framework for its implementation, and provide and manage environmental infrastructure services. 278. (1) Subject to the provision of section 10 and without prejudice to the Function in relation generality of the provisions of section 271 ,the Municipality shall, either by itself to urban or through any other agency, undertake functions relating to the following environmental matters :- management and submission of report
   • (a) supply of safe water, on environmental
   • (b) low cost sanitation. status of municipal
   • (c) environmentally sound solid waste management, area.
   • (d) toxic waste collection and disposal,
   • (e) waste recycling and recovery,
   • (f) Preservation of wetlands,
   • (g) control of air Pollution,
   • (h) control of sound Pollution,
     • (i) control of cattle and other animal in the municipal area.
   • (j) area improvement and resettlement,
   • (k) promotion of urban agriculture and urban forestry.
     • (I) development of parks, gardens and open spaces,
   • (m) promotion of community awareness on environmental education and
   • (n) such other matters as the Municipality may consider necessary.
3. (2) The Municipal Executive Officer shall prepare and submit a report on the environmental status of the Municipal area at the time of submission of the budgets estimates. Chapter - XXX Environmental sanitation and community health A. Duties and general powers

generality of the provisions of section 271 ,the Municipality shall, either by itself to urban or through any other agency, undertake functions relating to the following environmental matters :- management and submission of report

1. (a) supply of safe water, on environmental
2. (b) low cost sanitation. status of municipal
3. (c) environmentally sound solid waste management, area.
4. (d) toxic waste collection and disposal,
5. (e) waste recycling and recovery,
6. (f) Preservation of wetlands,
7. (g) control of air Pollution,
8. (h) control of sound Pollution,
   • (i) control of cattle and other animal in the municipal area.
9. (j) area improvement and resettlement,
10. (k) promotion of urban agriculture and urban forestry.
    • (I) development of parks, gardens and open spaces,
11. (m) promotion of community awareness on environmental education and
12. (n) such other matters as the Municipality may consider necessary.

1. (2) The Municipal Executive Officer shall prepare and submit a report on the environmental status of the Municipal area at the time of submission of the budgets estimates. Chapter - XXX Environmental sanitation and community health A. Duties and general powers

in this behalf to take adequate measures for each of the following matters, Co namely:- Municipality for environmental

1. (a) inspection, supervision, regulation and control of premises to ensure sanitation. proper environmental sanitation,
2. (b) regulation of public bathing and washing
3. (c) provision and maintenance of public conveniences,
4. (d) licensing of animals and control of stray animals
5. (e) licensing of butchers and slaughterhouses and
6. (f) Control of nuisances.

Municipal Executive Officer/Municipal Executive Officer may, either on his own Offi i cipal or through any other agency authorized by him in this behalf:- icer/ Municipal Executive Officer.

1. (a) cause any building or other premises to be inspected for the purpose of ascertaining the sanitary condition thereof.
2. (b) require the owner or the occupier of any land or building or any Part thereof.
3. (c) issue such order as he deems necessary for the improvement of any in- sanitary huts and sheds and untenanted premises which are likely to cause risk of diseases to the inmates thereof or to the inhabitants of the neighbourhoods or are for any reason, likely to endanger community health or safety,
4. (d) by notice, prohibit the owner or the occupier from the cause of any buildings, or any room in a building, which appears to him to be unfit for human habitations, as dwelling or
5. (e) direct the filling up of any well, pool, ditch, tank, pond, pit or undrained ground, cistern or reservoir of any waste or stagnant water' which appear to him to be, or likely to become, injurious to health or offensive to the neighbourhood. 281. (1) The Chief Municipal Executive Officer/Municipal Executive Officer may, Power lo regulate by a general order, or by a especial : order affecting such portion of the municipal area as may be specified therein, prohibit-
6. (a) the making of excavation for the purpose of taking earth there from or strong rubbish or offensive matter therein or
7. (b) the digging of cesspool, tanks, ponds, wells or pits, without his special permission.

1. (2) No persons shall make any excavation referred to in clause (a), or dig any cesspool, tank, pond, well, or pit referred to in clause (b), of sub-section (1) in contravention of any such order.
2. (3) If any such excavation is made, or any such cesspool, tank, pond, well or pit is dug in contravention of the order under sub-section (1), the Chief Municipal Executive Officer/ Municipal Executive Officer may, by notice, in writing, require the owner or the occupier of the land, on which such excavation is made or such cesspool, tank, pond, well or pit is dug, to fill it up with earth or other material approved by him. 282. (I) The Chief Municipal Executive Officer/Municipal Executive Officer may, Power to require if he thinks fit, by notice, in writing, require the owner or the occupier of any land trees, hedges etc. to in the municipal area on which trees, shrubs or hedges are growing to keep be trimmed. such tree, shrubs or hedge in a trim condition, and remove any such trees, shrubs and hedge, if it obstructs traffic on any street or poses a danger to public safety or overhangs any street causing inconvenience or danger to the passer - by.
3. (2) If it appears to the Chief Municipal Executive Officer/ Municipal Executive Officer that immediate action is necessary for public safety, he may, without notice as aforesaid cause such tree; shrub or hedge to be removed from the land and the expenses thereof shall be paid by the owner or the occupier of such land. B.

by a general order, or by a especial : order affecting such portion of the municipal area as may be specified therein, prohibit-

1. (a) the making of excavation for the purpose of taking earth there from or strong rubbish or offensive matter therein or
2. (b) the digging of cesspool, tanks, ponds, wells or pits, without his special permission.

1. (2) No persons shall make any excavation referred to in clause (a), or dig any cesspool, tank, pond, well, or pit referred to in clause (b), of sub-section (1) in contravention of any such order.
2. (3) If any such excavation is made, or any such cesspool, tank, pond, well or pit is dug in contravention of the order under sub-section (1), the Chief Municipal Executive Officer/ Municipal Executive Officer may, by notice, in writing, require the owner or the occupier of the land, on which such excavation is made or such cesspool, tank, pond, well or pit is dug, to fill it up with earth or other material approved by him.

if he thinks fit, by notice, in writing, require the owner or the occupier of any land trees, hedges etc. to in the municipal area on which trees, shrubs or hedges are growing to keep be trimmed. such tree, shrubs or hedge in a trim condition, and remove any such trees, shrubs and hedge, if it obstructs traffic on any street or poses a danger to public safety or overhangs any street causing inconvenience or danger to the passer - by.

1. (2) If it appears to the Chief Municipal Executive Officer/ Municipal Executive Officer that immediate action is necessary for public safety, he may, without notice as aforesaid cause such tree; shrub or hedge to be removed from the land and the expenses thereof shall be paid by the owner or the occupier of such land. B. Regulation of public bathing, washing etc.

The Chief Municipal Executive Officer/ Municipal Executive Officer may, by Regulation of order- public bathing etc.

1. (a) regulate the use by public of any river or other public place, whether vested in the Municipality or not, for bathing or washing,
2. (b) prohibit the use by the public of any lake, tank, reservoir, fountain, cistern, duct, standpipe, stream or well or any part of any river, whether vested in the Municipality or not, for bathing or washing
3. (c) prohibit steeping in any tank, reservoir, stream, well or ditch of any animal, vegetable or mineral matter likely to render the water thereof offensive or dangerous to health.
4. (d) Prohibit bathing in any lake tank, reservoir, fountain, cistern, duct, standpipe, stream or well by a person suffering from any contagious of infectious disease,
5. (e) Prohibit any person engaged in any trade or manufacture from causing to flow into any lake, tank, reservoir, cistern, well, duct or other place for storage of water, whether vested in the Municipality or not, or drain or pipe communicating therewith, any washing or other substance produced in the course of any such trade or manufacture, or wilfully do any act connected with any such trade or manufacture whereby such water is likely to be fouled or corrupted or
6. (f) Prohibit by notice, the washing of cloths by washer-men in pursuance of their calling, except at such places as may be licensed for this purpose. C. Public Conveniences 284. (1) The Municipality snail, by itself or through any other agency, provide Public latrine and and maintain in proper convenient places a sufficient number of public, latrines urinals. and urinals for use by the public.

1. (2) Such public latrines and urinals may be so constructed as to provide separate compartment for each sex. D. General Provisions

1. (1) The Municipality snail, by itself or through any other agency, provide Public latrine and and maintain in proper convenient places a sufficient number of public, latrines urinals. and urinals for use by the public. (2) Such public latrines and urinals may be so constructed as to provide separate compartment for each sex.

and maintain in proper convenient places a sufficient number of public, latrines urinals. and urinals for use by the public.

1. (2) Such public latrines and urinals may be so constructed as to provide separate compartment for each sex.

Prohibition of

1. (a) commit any nuisance in any public street or public place, or nuisances.
2. (b) unauthorized affix upon any building, monument, post, well, fence, tree or other thing, any bill, notice or other document, or
3. (c) unauthorized deface, or write upon, or otherwise mark, any building, monument, post, wall, fence, tree or other thing or
4. (d) carry rubbish filth or other polluted and obnoxious matter along any route in contravention of any prohibition made in this behalf by the Municipal Executive Officer by notice or
5. (e) bury or cremate or otherwise dispose of any corpses at a place not licensed for the purpose or
6. (f) disturb public peace or order in violation of sound pollution control order, if any or
7. (g) cause pollution of air in violation of air pollution control order, if any or
8. (h) cause obstruction to the movement of vehicular or pedestrian traffic without permission from the competent authority.

1. (2) Where the Chief Municipal Executive Officer/Municipal Executive Officer is of the opinion that there is a nuisance on any land or building, he may, by notice, in writing, require the person by whose act, default or sufferance the nuisance arises, or continues or all of the owners, lessees or occupier of such land or building to remove or abate the nuisance by taking such measure, in such manner, and within such period, as may be specified in the notice.
2. (3) Where the Chief Municipal Executive Officer/Municipal Executive Officer is of the opinion that immediate removal of any nuisance continuing on any land or building in contravention of the provisions of this Act is necessary he may, for reasons to be recorded in writing, cause such nuisance to be removed forthwith.

for the time being in force and in accordance with any notification by the State

Where in any Municipal area, any well, tank, reservoir, pool, depression or Power to require excavation or any bank or tree is, in the opinion of the Chief Municipal Executive wells, tank etc. to be Officer/Municipal Executive Officer, in a ruinous state for want of sufficient rendered safe. repairs, protection or enclosure and is a nuisance or is dangerous to passers-by, the Chief Municipal Executive Officer/ Municipal Executive Officer may, by notice, in writing, require the owner or the part-owner thereof, or failing any of them, the occupier thereof, to repair, protect or enclose it in such manner as he thinks necessary, and if in the opinion of the Chief Municipal Executive Officer

No person shall quarry, blast, cut timber, or carry on building operations in Quarrying, blasting, such manner as to cause, or is likely to cause, danger to persons passing by, or cutting timber or dwelling or working in the neighbourhood. building operation.

abandoned or unoccupied :- improper use of land or building.

1. (a) is in a filthy or unwholesome state or
2. (b) has becomes a resort of — i. Idle and disorderly Persons, or ii. persons who have no ostensible means of subsistence or cannot give a satisfactory account of themselves, or
3. (c) is used for gambling or immoral purposes or
4. (d) is likely to occasion a nuisance. The Chief Municipal Executive Officer/Municipal Executive Officer may, after due enquiry, by notice, in writing, require the owner or the part owner or any person claiming to be the owner or the part owner of such land or building, or the lessee, or any person claiming to be the lessee thereof to — i. secure, enclosed, cleanse or clear such land or building, or ii. stop use of such land or building for gambling or immoral Purpose or iii. abate the nuisance Within such time as may be specified in the notice, and affix a copy of such notice on the door of the building or on some conspicuous part of the land as the case may be.

imposition of penalty on those persons who are directly responsible for causing pollution of any kind referred to in this chapter. Chapter - XXXI

1. (1) It shall be the duty of the Municipality to take such measures as are necessary for preventing, or checking the spread of any dangerous diseases in Municipality to the municipal area or of any epidemic disease among any animals therein. prevent and check dangerous diseases.
2. (2) Any persons, whether as a medical practitioner or otherwise, being in charge of or in attendance upon, any other person whom he knows or has reason to believe to be suffering from a dangerous diseases, or being the owner, lessee, or occupier of any building in which he knows that any such person is so suffering, shall forthwith give information respecting the existence of such disease to the Chief Municipal Executive Officer/Municipal Executive

1. (1) The Chief Municipal Executive Officer/ Municipal Executive Officer may, Power of the Chief at any time, by day or by night, and with or without notice, inspect any place in Municipal Executive which any dangerous diseases is reported or suspected to exist, and take such Officer/Municipal measures as he may think fit to prevent the spread of such diseases beyond Executive Officer to such place, and shall forthwith send information thereof to the State inspect any place Government, the District Magistrate and the senior most functionary of the and take measures Health Department of the State in the district. to prevent spread of dangerous diseases.
2. (2) When any person suffering from any dangerous disease is found to be :-
   • (a) without proper lodging or accommodation or
   • (b) living in a room or house which he neither owns nor pay rent for , nor occupies as a guest or relative of the person who owns, or pay rent for such room or house, or
   • (c) living in a sarai, hotel, boarding-house, or hotel or
   • (d) lodged in premises occupied by members of two or more families. The Chief Municipal Executive Officer/Municipal Executive Officer or any person authorized by him in this behalf may, on the advice of any Medical Officer, remove the patient to any hospital or place at which persons suffering from such diseases are received for medical treatment and may do anything necessary for such removal. 293. (1) The Chief Municipal Executive Officer Municipal Executive Officer may Power of the Chief cleanse, or disinfect, or cause destruction of, any building, hut or shed, water Municipal Executive source or lodging and eating house, if in his opinion, such cleansing, disinfection Officer/Municipal or destruction would tend to prevent or check the spread of any dangerous Executive Officer to disease, and in case of emergency, he may cause such cleansing, or cleanse, disinfect, disinfection to be done by the employees of the Municipality at the cost of the destroy, or control owner or the occupier of such place, or at the cost of the Municipality, if in his places of infection. opinion, such owner or the occupier is unable to pay the cost owing to Poverty.
3. (2) Where the Chief Municipal Executive Officer/Municipal Executive Officer is satisfied that the destruction of any building, hut or shed, or clothing, or article is immediately necessary for the purpose of preventing the spread of any dangerous disease, he may cause such building, hut or shed, or clothing, or article to be destroyed : Provided that compensation may be paid by the Chief Municipal Executive Officer/Municipal Executive Officer to any person who loss substantially by the destruction of such building, hut or shed, or clothing or article.
4. (3) The Chief Municipal Executive Officer/ Municipal Executive Officer may, on being satisfied that it is in the public interest so to do, by order, in writing, direct that any lodging house or any place in the municipal area where articles of food and drink are sold, or prepared, stored or exposed for sale, being a lodging house or place in which a case of dangerous disease exists or has recently occurred, shall be closed for such period as may be specified in the order : Provided that such lodging house or place may be declared to be open, if the Municipal Health Officer certified that it has been disinfected or is free from infection.
5. (4) The Chief Municipal Executive Officer/ Municipal Executive Officer or any person authorized by the Municipality may, at all reasonable times, enter into and inspect, any market, building, shop, stall or place, used for the sale of food or drink, or as a slaughterhouse, or for the sale of drugs, and inspect and examine any food, drink, animal or drug, which may be therein, and if any article of food or drink, animal or drug therein intended for the consumption of persons, appears to be fit therefore, he may, by notice, restrict the sale of such food, drink, animal or drug, in such manner and for such period as he may deem fit.
6. (5) If the Chief Municipal Executive Officer/ Municipal Executive Officer is of the opinion that the water in any well, tank, or other place in the municipal area is likely to cause the spread of any disease, he may, by notice, in writing, prohibits the removal or use of such water for drinking, and require the owner or the person having control of such well, tank, or other place to take such steps as may be required by the notice to prevent the public from having access to, or from using, such water and may take such other steps as he may consider expedient to prevent the outbreak or spread of such disease : Provided that in the case of an emergency, the Chief Municipal Executive Officer/ Municipal Executive Officer or any person authorized by him in this behalf may, with or without notice and at any time, inspect and disinfect any well, tank or other place from which water is, or is likely to be taken for the purpose of preventing the spread of any dangerous disease. 294. (1) In the event of any municipal area or any part there of being visited or Special measures in threatened by an outbreak of any dangerous disease among the inhabitants case of outbreak of thereof or of any epidemic disease among any animals therein, the Chief dangerous or Municipal Executive Officer/ Municipal Executive Officer may, if he thinks epidemic diseases. that the other provisions of this Act and the provisions of any other law for the time being in force are insufficient for the purpose of preventing the outbreak of such disease, with the previous approval of the Municipality :
   • (a) take such special measures and
   • (b) by notice, give such directions to be observed by the public or by any class or section of the public as he thinks necessary to prevent the outbreak of such disease : Provided that where, in the opinion of the Chief Municipal Executive Officer/Municipal Executive Officer, immediate action is necessary, he may take such action without such approval and, if he does so, he shall forthwith report such action to the Municipality.
7. (2) Any person, who commits a breach of any direction given in the notice under clause (b) of sub-section (1) shall be deemed to have committed as offence under section 188 of the Indian Panel Code (45 0f1860). 295. (I) The Municipality may, in its discretion, or shall, when the State Means for Government so direct : disinfection.
   • (a) provide proper places within the municipal area with necessary attendants and apparatus for disinfection of conveyances, clothing, beddings, or other articles which have been exposed to infection, and
   • (b) cause conveyances, clothing, beddings or other articles brought for disinfection, to be disinfected, either free of charge or on payment of such charges as it may fix.
8. (2) The Chief Municipal Executive Officer/ Municipal Executive Officer may notify places at which such conveyances, clothing, beddings or other articles, which have been exposed to infection, shall be washed and if he does, so no person shall wash any such conveyances, clothing, beddings or other articles at any place, not so notified, without previous disinfection.
9. (3) The Chief Municipal Executive Officer Municipal Executive Officer may direct the destruction of any clothing, bedding, or other article likely to retain infections and may give such compensation as he thinks fit for any clothing, bedding or other article, so destroyed. 296. (1) Subject to such regulation as may be made in this behalf, the Chief Special conveyance Municipal Executive Officer Municipal Executive Officer may, either on his own for carrying infected or through any other agency, provide and maintain suitable conveyances for the persons. free carriage of persons suffering from any dangerous diseases or dead bodies of persons who died of any such disease.
10. (2) The Chief Municipal Executive Officer/ Municipal Executive Officer may, either on his own or through any other agency, provide for disinfection of any public conveyance, which has carried any person suffering from a dangerous disease, or the corpses of a person who died of any such disease.

cleanse, or disinfect, or cause destruction of, any building, hut or shed, water Municipal Executive source or lodging and eating house, if in his opinion, such cleansing, disinfection Officer/Municipal or destruction would tend to prevent or check the spread of any dangerous Executive Officer to disease, and in case of emergency, he may cause such cleansing, or cleanse, disinfect, disinfection to be done by the employees of the Municipality at the cost of the destroy, or control owner or the occupier of such place, or at the cost of the Municipality, if in his places of infection. opinion, such owner or the occupier is unable to pay the cost owing to Poverty.

1. (2) Where the Chief Municipal Executive Officer/Municipal Executive Officer is satisfied that the destruction of any building, hut or shed, or clothing, or article is immediately necessary for the purpose of preventing the spread of any dangerous disease, he may cause such building, hut or shed, or clothing, or article to be destroyed : Provided that compensation may be paid by the Chief Municipal Executive Officer/Municipal Executive Officer to any person who loss substantially by the destruction of such building, hut or shed, or clothing or article.
2. (3) The Chief Municipal Executive Officer/ Municipal Executive Officer may, on being satisfied that it is in the public interest so to do, by order, in writing, direct that any lodging house or any place in the municipal area where articles of food and drink are sold, or prepared, stored or exposed for sale, being a lodging house or place in which a case of dangerous disease exists or has recently occurred, shall be closed for such period as may be specified in the order : Provided that such lodging house or place may be declared to be open, if the Municipal Health Officer certified that it has been disinfected or is free from infection.
3. (4) The Chief Municipal Executive Officer/ Municipal Executive Officer or any person authorized by the Municipality may, at all reasonable times, enter into and inspect, any market, building, shop, stall or place, used for the sale of food or drink, or as a slaughterhouse, or for the sale of drugs, and inspect and examine any food, drink, animal or drug, which may be therein, and if any article of food or drink, animal or drug therein intended for the consumption of persons, appears to be fit therefore, he may, by notice, restrict the sale of such food, drink, animal or drug, in such manner and for such period as he may deem fit.
4. (5) If the Chief Municipal Executive Officer/ Municipal Executive Officer is of the opinion that the water in any well, tank, or other place in the municipal area is likely to cause the spread of any disease, he may, by notice, in writing, prohibits the removal or use of such water for drinking, and require the owner or the person having control of such well, tank, or other place to take such steps as may be required by the notice to prevent the public from having access to, or from using, such water and may take such other steps as he may consider expedient to prevent the outbreak or spread of such disease : Provided that in the case of an emergency, the Chief Municipal Executive Officer/ Municipal Executive Officer or any person authorized by him in this behalf may, with or without notice and at any time, inspect and disinfect any well, tank or other place from which water is, or is likely to be taken for the purpose of preventing the spread of any dangerous disease.

1. (1) In the event of any municipal area or any part there of being visited or Special measures in threatened by an outbreak of any dangerous disease among the inhabitants case of outbreak of thereof or of any epidemic disease among any animals therein, the Chief dangerous or Municipal Executive Officer/ Municipal Executive Officer may, if he thinks epidemic diseases. that the other provisions of this Act and the provisions of any other law for the time being in force are insufficient for the purpose of preventing the outbreak of such disease, with the previous approval of the Municipality : (a) take such special measures and (b) by notice, give such directions to be observed by the public or by any class or section of the public as he thinks necessary to prevent the outbreak of such disease : Provided that where, in the opinion of the Chief Municipal Executive Officer/Municipal Executive Officer, immediate action is necessary, he may take such action without such approval and, if he does so, he shall forthwith report such action to the Municipality. (2) Any person, who commits a breach of any direction given in the notice under clause (b) of sub-section (1) shall be deemed to have committed as offence under section 188 of the Indian Panel Code (45 0f1860).

threatened by an outbreak of any dangerous disease among the inhabitants case of outbreak of thereof or of any epidemic disease among any animals therein, the Chief dangerous or Municipal Executive Officer/ Municipal Executive Officer may, if he thinks epidemic diseases. that the other provisions of this Act and the provisions of any other law for the time being in force are insufficient for the purpose of preventing the outbreak of such disease, with the previous approval of the Municipality :

1. (a) take such special measures and
2. (b) by notice, give such directions to be observed by the public or by any class or section of the public as he thinks necessary to prevent the outbreak of such disease : Provided that where, in the opinion of the Chief Municipal Executive Officer/Municipal Executive Officer, immediate action is necessary, he may take such action without such approval and, if he does so, he shall forthwith report such action to the Municipality.

1. (2) Any person, who commits a breach of any direction given in the notice under clause (b) of sub-section (1) shall be deemed to have committed as offence under section 188 of the Indian Panel Code (45 0f1860).

Government so direct : disinfection.

1. (a) provide proper places within the municipal area with necessary attendants and apparatus for disinfection of conveyances, clothing, beddings, or other articles which have been exposed to infection, and
2. (b) cause conveyances, clothing, beddings or other articles brought for disinfection, to be disinfected, either free of charge or on payment of such charges as it may fix.

1. (2) The Chief Municipal Executive Officer/ Municipal Executive Officer may notify places at which such conveyances, clothing, beddings or other articles, which have been exposed to infection, shall be washed and if he does, so no person shall wash any such conveyances, clothing, beddings or other articles at any place, not so notified, without previous disinfection.
2. (3) The Chief Municipal Executive Officer Municipal Executive Officer may direct the destruction of any clothing, bedding, or other article likely to retain infections and may give such compensation as he thinks fit for any clothing, bedding or other article, so destroyed.

Municipal Executive Officer Municipal Executive Officer may, either on his own for carrying infected or through any other agency, provide and maintain suitable conveyances for the persons. free carriage of persons suffering from any dangerous diseases or dead bodies of persons who died of any such disease.

1. (2) The Chief Municipal Executive Officer/ Municipal Executive Officer may, either on his own or through any other agency, provide for disinfection of any public conveyance, which has carried any person suffering from a dangerous disease, or the corpses of a person who died of any such disease. Prohibitions.

Subject to such regulation as may be made in this behalf, the Chief Municipal Executive Officer/ Municipal Executive Officer may prohibit :

1. (a) the letting out of any infected building without being first disinfected.
2. (b) the disposal of infected articles without disinfection,
3. (c) the washing of any infected clothes by any washer man or laundry and
4. (d) the making and selling of food, or washing of cloths, by infected person. Chapter - XXXII

1. (1) No Person shall : a) retain a corpse on any premises without burning, burying or otherwise . . ( ih disposing it of for so long a time after death oo to create a Acts prohibited In . connection with nuisance. h
   • (b) carry a comes, or part of a corpse, along any street without having or disposal of dead. keeping such corpse or part of a corpse decently covered or without taking such precaution to prevent risk of infection or injury to the community health as the Chief Municipal Executive- Officer/Municipal Executive Officer may, by notice, from time to time, think fit to require.
   • (c) carry, except when no other route is available, a corpse or part of a corpse along any street on which the carrying of corpse is prohibited by notice issued by the Chief Municipal Executive Officer/ Municipal Executive Officer in this behalf.
   • (d) remove corpse or part of a corpse, which has been kept or used for purpose of dissection, otherwise than in a closed receptacle or vehicle.
   • (e) place or leave, during its conveyance, a corpse or part of a corpse, on or near any street without urgent necessity.
   • (f) bury, or caused to be buried, any corpse or part of a corpse in the grave or vault or otherwise in such manner as may cause the surface of the coffin or, when no coffin is used, of the corpse or part of the corpse, to be at a depth of less than two meters from the surface of the ground.
   • (g) Built, dig or cause to be built or dug, any grave or vault in any burial ground at a distance of less than one-half of a meter from the margin of any other grave or vault.
   • (h) build or dig, or cause to be built or dug, a grave or vault in any burial ground in any line, not marked out of such purpose by or under the order of the Chief Municipal Executive Officer/ Municipal Executive Officer,
     • (i) reopen for the interment of a corpse or of any part of corpse a grave or vault already occupied, without the written permission of Municipal the Chief Executive Officer/ Municipal Executive Officer,
   • (j) make, without the permission of the Chief Municipal Executive Officer/ Municipal Executive Officer, any vault or grave or interment within any wall, or underneath any passage, porch, portico, plinth or verandah, of any place of worship.
   • (k) make without permission of the Chief Municipal Executive Officer Municipal Executive Officer, any interment or otherwise dispose of any corpse in any place which is closed under section 300,
     • (I) muild, dig or causing to be built or dug, any grave or vault, or in any way, dispose of or suffer or permit to be disposed at any place, which is not permitted under this chapter, without the permission of the Chief Municipal Executive Officer Municipal Executive Officer,
   • (m) exhume without the permission of the Chief Municipal Executive Officer/ Municipal Executive Officer, anybody from any place far the disposal of the dead except under the provision of the Code of Criminal procedure, 1973, (2 of 197 4) or any other law for the time being in force.
2. (2) The Chief Municipal Executive Officer/ Municipal Executive Officer may, in special cases, grant permission for any of the purpose referred to in clauses
   • (j) to (m) of sub-section (1), subject to such general or special order as the State Government may, from time to time make in this behalf.
3. (3) Any contravention of the provision of clauses (j) to (m) of sub section (1) shall be deemed to be a cognizable offence within the meaning of the Code of

1. (1) Subject to such regulations as may be made in the behalf every owner Registration of or person having the control of any place already used for disposal of the dead places for disposal but which is not vested in, or owned by the Municipality or any Board appointed of the dead. by the State Government for administration of such place, shall submit to the Chief Municipal Executive Officer/ Municipal Executive Officer an application for registration of such place, containing such particulars as maybe specified by the Municipality within a period of three months from the date of commencement of this Act.
2. (2) If the Chief Municipal Executive Officer/ Municipal Executive Officer is satisfied with the application and the particulars under sub-section (1), he may register such place on such terms and conditions as may be Provided by regulations.
3. (3) The Chief Municipal Executive Officer/ Municipal Executive Officer may, with the approval of the Empowered Standing Committee, provide suitable and convenient place for the disposal of the dead within the municipal area, subject to the provisions of any State law regulating such land use or, in the of any provisions of any State law in this behalf in the municipal area, with the approval of the State Government.
4. (4) No place which has not previously been lawfully used or to registered for the disposal of the dead shall be opened for such disposal except in conformity with the provisions of any State law such land use or in the absence of any provisions of any State law in this behalf in the municipal area, with the approval of State Government.

of the opinion that any burning place or burial ground or place for the disposal of closing of burning the dead has become offensive or dangerous to the health of persons residing and burial ground in the neighbourhood or for any other reasons to be recorded in writing, he may, etc. with the previous approval of the Empowered Standing Committee, and by notice in writing require the owner or the person in charge of such burning place or burial ground or place for the disposal of the dead, to close such burning place or burial ground or place for the disposal of the dead from such date as may be specified in the notice. 301. (1) Whenever any animal, which is under of the charge any person dies Disposal of dead such person shall within twenty four hours of such death, either: animals.

1. (a) convey the carcass to a place provided or appointed under this Act for the final disposal of carcasses of dead animals, or
2. (b) give notice of the death to the Municipal Executive Officer whereupon he shall the carcass to be disposed of.

1. (3) In respect of the disposal of the carcass of a dead animal under clause
   • (b) of sub section (1) Chief Municipal Executive Officer/Municipal Executive Officer may charge such fee as may be determined by the Municipal by regulations.
2. (4) Where any dead animal does not belong to any person, the Chief Municipal Executive Officer/Municipal Executive Officer shall act immediately for causing the carcass to be disposed of.

1. (1) The Municipality shall take necessary steps for: Municipality to
   • (a) Promotion of urban forestry. implement schemes.
   • (b) Creation of public parks and gardens and planting of trees,
   • (c) Provision of park and playgrounds for children and youth.
   • (d) Provision of street side gardens.
   • (e) Encouragement of nurseries, and
   • (f) Organization of flowers shows.
2. (2) The Municipality may from time to time take steps to promote awareness about the national heritage of flora and fauna among the school children and the youth.
3. (3) The municipality may from time to time take steps to promote harvesting of rain water in public parks, gardens and other open space under its administrative control campaign to promote public awareness for conservation for of rain water. REGULATORY JURISDICTION Chapter - XXXIV Development Plans

Constitution of India and of any State Law enacted under these articles a District Planning

Municipality shall participate in the election of members of the District Planning Committee or

Committee or the Metropolitan Planning Committee, as the case may be and Metropolitan

such members shall actively represent the interests of the Municipality in such Planning Committee.

committees.

304. (1) Having regard to the draft development plan, as prepared by the District Municipality to

Planning Committee or the Metropolitan Planning Committee, as the case may implement

be and as approved by the State Government, the Municipality shall implement development plans.

such components of such development plan as relates to its jurisdiction and

carry out such function as may be assigned to it in this behalf.

1. (2) Without prejudice to the generality of the foregoing provisions of this section and subject to the provisions of section 10, the Municipality shall undertake :
   • (a) Preparation of plans for improvement under chapter XXXV and
   • (b) Plans for infrastructure development including water supply, drainage and sewerage, solid waste management, roads and transport system accessories.

Planning Committee or the Metropolitan Planning Committee, as the case may implement

be and as approved by the State Government, the Municipality shall implement development plans.

such components of such development plan as relates to its jurisdiction and

carry out such function as may be assigned to it in this behalf.

1. (2) Without prejudice to the generality of the foregoing provisions of this section and subject to the provisions of section 10, the Municipality shall undertake :
   • (a) Preparation of plans for improvement under chapter XXXV and
   • (b) Plans for infrastructure development including water supply, drainage and sewerage, solid waste management, roads and transport system accessories.