Bye-laws relating to building :

the regulation or restriction of the use of sites for buildings for different areas ; the regulation or restriction of buildings in different areas; the form of notice of erection of any building or execution of any work and the fee in respect of the same ; the plans and documents to be submitted together with such notice and the information and further information to be furnished ; the level and width of foundation, level of lowest floor and stability of structure; the construction of buildings and the materials to be used in the construction of buildings ; the height of buildings whether absolute or relative to the width of streets or to different areas ; the number and height of storeys composing a building and the height of rooms and the dimensions of rooms intended for human habitation ; the provision of open spaces, external and internal and adequate means of light and ventilation ; the provision of means of egress in case of fire, fire escapes and water lifting devices; the provision of secondary means of access for the removal of house refuse; the materials and methods of construction of external and party walls, roofs and floors; the position, materials and methods of construction of hearths, smoke escapes,

chimneys, staircases, drains, latrines and cesspools ;

the provisions of lifts ; the paving of yards; the restrictions on the use of inflammable materials in buildings; the restrictions on construction of foundation on certain sites; the measures to be taken to protect buildings from damp arising from sub-soil;

the wells, tanks and cisterns and pumps for the supply of water for human

consumption in connection with buildings ; in the case of wells, the dimensions of the well, the manner of enclosing it and if the well is intended for drinking purposes the means which shall be used to prevent pollution of the water ;

1. (21) the supervision of buildings;
2. (22) the setting back of garages and shops from the regular line of a street ;
3. (23) the construction of portable structures and permission for such construction. ( 1) (2) (3) (4) (5) (6) (7) (8) (9) l (1 O) ( 11) (12) (13) (14) (15) (16) (17) (18) (19) (20) The Arunachal Pradesh Extraordinary Gazette, October 1,2019 E. Bye-laws relating to sanitation and public health : ( 1) the position of latrines and urinals ; (2) the provision of air spaces between latrines and buildings of places used for various purposes ; (3) the white washing of buildings ; (4) the provision of living accommodation for sweepers in buildings newly erected requiring ten or more latrines ; (5) the regulation or prohibition of the stabling or herding of animals or any class of animals so as to prevent danger to public health ; (6) the seizure of ownerless animals straying within the limits of the municipal area and the regulation and control of ponds ; (7) the fixing and regulation of the use of public bathing and washing places ; (8) the prevention of the spread of dangerous diseases ; (9) the segregation in or the removal or expulsion from any part of the municipal area or the destruction of animals suffering or reasonably suspected to be suffering from any infectious or contagious disease ; (10) the supervision, regulation, conservation and protection from injury, contamination or trespass of sources and means of public water supply and of appliances for .,, the distribution of water ; (11) the enforcement of compulsory vaccination and inoculation; (12) the proper disposal of corpses, the regulation and management of burning and burial places and other places for the disposal of corpses and the fees chargeable for the use of such places where the same are provided or maintained at the expense of the Corporation Fund. F. Bye-laws relating to public safety and suppression of nuisances : The regulation or prohibition for the purposes of sanitation or the prevention of disease or the promotion of public safety or conveniences of any act which occasions or is likely to occasion a nuisance and for the regulation or prohibition of which no provision is made elsewhere by this Act. G. Bye-laws relating to markets, slaughter houses, trades and occupations :

( 1) the day on, and the hours during which any market or slaughter house may be

kept open for use;

1. (2) the regulation of the design, ventilation and drainage of markets and slaughter houses and the materials to be used in the construction thereof;
2. (3) the keeping of markets and slaughter houses and the lands and buildings appertaining therefrom in a clean and sanitary condition, the removal of filth, rubbish and other polluted and obnoxious matter therefrom and the supply therein of pure water and of a sufficient number of latrines and urinals for the use of persons using or frequenting the same;
3. (4) the manner in which animals shall be admitted in slaughter houses;
4. (5) the manner in which animals may be slaughtered;
5. (6) the provision of passage of sufficient width between the stalls in market buildings and market places for the convenient use of the public and the prevention of encroachment of such passage;
6. (7) the setting apart of separate areas for different classes of articles in market building and market places;
7. (8) the disposal or destruction of animals offered for slaughter which are, from disease or any other cause, unfit for human consumption;
8. (9) the destruction of carcasses which from any disease or any other cause are found after slaughter to be unfit for human consumption;
9. (10) the regulation of the entry of animal into slaughter house and bringing out of the carcasses of such animals safer slaughter and the fee to be paid for use of slaughter houses;
10. (11) the proper custody and care of animals for the keeping of which licences are granted under section 339;

The Arunachal Pradesh Extraordinary Gazette, October 1, 2019 105

1. (12) the regulation of the import of animals and flesh within the municipal area;
2. (13) the rendering necessity of licences for the use of premises within the municipal area as stables or cow houses or as an accommodation for sheep, goat or buffalo and the fees payable for such licences and the conditions subject to which such licences may be granted, refused, suspended or revoked ;
3. (14) the regulation of sarais, hotels, dak bungalows, lodging houses, boarding houses, buildings, let-in-tenements, residential clubs, restaurants, eating houses, cafes, refreshment rooms and places of public;
4. (15) recreation, entertainment or resorts;
5. (16) the control and supervision of places where dangerous offensive trades are carried on so as to secure cleanliness therein or to minimise injurious, offensive or dangerous effects arising or likely to arise therefrom;
6. (17) the regulation of the posting of bills and advertisements and of the position, size, shade or style of the name boards, signing boards and signposts ;
7. (18) the fixation of a method for the sale of articles whether by measure, weight, piece or any other method ;
8. (19) the procedure regarding grant of permit to establish a factory, workshop or trade premises;
9. (20) the regulation of smoke in factories, workshop and trade premises;
10. (21) the regulation of sanitary conditions in factories, workshops and trade premises;
11. (22) the regulation of the use in any factories, workshops or trade premises of, whistle, trum per, siren or horn worked by steam, com pressed air, electricity or other mechanical means ;
12. (23) the prevention of nuisance in any market, building, market place, slaughter house or any factory, workshop or trade premises ;

H. Bye-laws relating to improvement :

1. (1) the form and contents of an improvement scheme or a rehousing scheme;
2. (2) the procedure to be followed in connection with the framing, submission, approval and sanction of such scheme;
3. (3) the local inquiries and other hearings that may be held before a scheme is framed, approved or sanctioned ;
4. (4) the alteration of an improvement scheme or a rehousing scheme after approval and sanction.

I. Bye-laws relating to miscellaneous matters :

1. (1) the prevention and extinction of fire ;
2. (2) the circumstances and the manner in which owners of land or building in the municipal area temporarily absent therefrom or not resident therein may be required to appoint as their agents for all or any of the purposes of this

Act or of any bye-laws made thereunder, persons residing within or near

the municipal area;

1. (3) the regulation and control of Corporation hospitals and dispensaries ;
2. (4) the rendering of necessary licences-
   • (a) for the proprietors or drivers of hackney-carriages, cycles rickshaws, thetas, the rehries kept or plying for hire or used for hawking articles ;

{b) for persons working as job porters for the conveyance of goods;

1. (5) the classification of cinema theatres for the purposes of levying theatre-tax;
2. (6) any other matter which is to be or may be prescribed by bye-laws made under this Act or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Corporation, necessary for the efficient municipal government of the municipal area.

411. Penalty for breaches of bye-laws: (1) Any bye-law made under this Act may provide

that a contravention thereof shall be punishable,-

The Arunachal Pradesh Extraordinary Gazette, October 1, 2019

1. (a) with fine which may extend to fifty thousand rupees; or
2. (b) with fine which may extend to fifty thousand rupees and in the case of continuing contravention, with an additional fine which may extend to five thousand for every day during which such contravention continues after conviction for the first contravention ; or
3. (c) with fine which may extend to five thousand for every day during which the contravention continues, after the receipt of a notice from the Commissioner or any Corporation Officer duly authorised in that behalf by the person contravening the bye-law requiring such person to discontinue such contravention.

1. (2) Any such bye-law may also provide that a person contravening the same shall be

required to remedy, so far as lies in his power, the mischief, if any, caused by such

contravention.

412. Supplemental provisions respecting bye-laws : Any power to make bye-laws conferred

by this Act is conferred subject to the publication in Official Gazette for inviting public objections: Provided that State Government may cancel any such bye-law if found to be contrary to the provisions of this Act or the rules made thereunder and thereupon the bye-law shall cease to have effect.

413. Bye-laws to be available for inspection and purchase: (1) A copy of all bye-laws

made under this Act shall be kept at the Corporation office and shall, during office hours, be open free of charge to inspection by any person of the municipal area.

1. (2) Copies of all such bye-laws shall be kept at the Corporation office and shall be sold to the public at cost price either singly or in collections at the option of the purchaser. CHAPTER-XXIII CONTROL

414. Power of Government to require production of documents: The Government or

the Director may at any time require the Commissioner -

1. (a) to produce any record, correspondence, plan or other document in his possession or under his control ; and
2. (b) to furnish any return, plan, estimate, statement, account or statistics relating to the proceedings, duties or works of the Corporation or any of the Corporation authorities.

415. Inspections: The Government may depute any officer to inspector examine any municipal

department or office or any service or work undertaken by the Corporation or any of the municipal authorities or any property belonging to the Corporation and to report thereon and the Corporation and every Corporation authority and all Corporation officers and other Corporation employees shall be bound to afford the officer so deputed access at all reasonable times to the premises and properties of the Corporation and to all records, accounts and other documents the inspection of which he may consider necessary to enable him to discharge his duties.

opinion -

1. (a) that any duty imposed on the Corporation or any of its authority by or under

this Act, has not been performed or has been performed in an imperfect,

insufficient or unsuitable manner; or

1. (b) that adequate financial provision has not been made for the performance of any such duty; the Government, as the case may be, may direct the Corporation or the Commissioner, within such period as it thinks fit, to make arrangements to its satisfaction for the proper performance of duty, or, as the case may be, to make financial provisions to its satisfaction for the performance of the duty and the Corporation or the Commissioner concerned shall comply with such direction: Provided that unless in the opinion of the Government the immediate

execution of such order is necessary, it shall, before making any direction

under this section, give the Corporation or the Commissioner an opportunity of showing cause why such direction should not be made.

1. (2) Where any direction is given by the Director under sub-section ( 1) he shall intimate the Government of such direction and the said direction shall remain in force unless it is modified or rescinded by the Government. • --

The Arunachal Pradesh Extraordinary Gazette, October 1, 2019 107

taking of which has been directed under that sub-section, has not been duly taken, the Government as the case may be, may make arrangements for the taking of such action

and may direct that all expenses connected therewith shall be defrayed out of the

Corporation Fund.

accordance with the provisions of order XLVI I of the Code of Civil Procedure, 1908 and may modify or reverse the same accordingly.

passed by any officer of the Government or the Commissioner or any officer subordinate to him, call for and examine the record and may pass such order with reference thereto as it may think fit.

420. Dissolution of Corporation : ( 1) If, in the opinion of the Government, the Corporation is

not competent to perform, or persistently makes default in the performance of the duties imposed on it by or under this Act or any other law or exceeds or abuses its powers the Government may by an order published, together with a statement of the reasons thereof, in the Official Gazette, declare the Corporation to be incompetent or in default or to have exceeded or abused its powers, as the case may be and dissolve the Corporation:

Provided that before making an order of dissolution as aforesaid, reasonable

opportunity shall be given to the Corporation to be heard and to show cause why such order of dissolution should not be made.

1. (2) When the Corporation is dissolved by an order under sub-section (1 ),-
   • (a) all Councillor shall on such date as may be specified in the order vacate their offices without prejudice to their eligibility for election under clause ( d) ;
   • (b) on the dissolution of the Corporation, all powers and duties conferred and imposed upon the Corporation by or under this Act or any other law shall be exercised and performed by such officer or authority as the Government may appoint in that behalf ;
   • (c) all property vested in the Corporation shall until it is reconstituted, vest in the Government ; and

( d) election shall be held for the purpose of reconstituting the Corporation within a

period of six months. CHAPTER-XXIV MISCELLANEOUS

421. Delegation : ( 1) The Government may, by notification. delegate all or any of its powers

under this Act , except the power to make rules, to any officer subject to such restrictions and conditions as may be specified in the notification.

1. (2) Wherever it is expedient to do so in the public interest and for the efficient performance

of the functions entrusted to it , the Corporation may, with the prior approval of the

State Government entrust any of its civic services and amenities (including collection of taxes and revenues) in relation to any matter to which the power of the Corporation extends, to any person or agency subject to such conditions and restrictions as it may consider necessary to impose.

422. Validity of notices and other documents : No notice, order.requlsltlon, licence,

permission in writing or any other document issued under this Act, shall be invalid merely by reason of defect of form.

any Corporation authority shall, if duly certified by the legal keeper thereof or other person authorised by the Commissioner in this behalf, be admissible in evidence of the existence of the document or entry and shall be admitted as evidence of the matters and transaction therein recorded in every case there, and to same extent to which the original document or entry would if produced, have been admissible to prove such matters and transactions.

The Arunachal Pradesh Extraordinary Gazette, October 1, 2019

1. (b) reference to the President or the Vice-President of a municipality constituted under theArunachal Pradesh Municipal Act, 2007 (4 of2008) shall be construed in respect of the municipal area as reference to the Commissioner appointed under this Act;

( c) reference.to the members of a municipality constituted under tne Arunachal Pradesh

Municipal Act, 2007 (4 of2008), shall in respect of the Cor,por.ation shall be construed as reference to the Councillor of the Corporation cpnstitut~_d under this Act;

1. (d) references to any Chapter or section of theArunachal Pradesh Municipal Act, 2007 (4 of 2008), shall as far as possible be construed in respect of the municipal area as reference to this Act or its corresponding Chapter or section.

Corporation under sections 3 and 4 of this Act, the entire officers and employees serving

existing terms of service and integrated into the corresponding municipal service.

1. (2) The Corporation may recruit additional staff where necessary subject to the conditions as may be laid down by the Government.
2. (3) In making appointment to any post referred to in this section, the appointing authority shall follow the instructions issued by the Government from time to time in relation to reservation Policy of the State Government

contracts made by or on behalf of the municipality including area comprising rural area or

a part thereof, if any, declared and constituted to be a Corporation under sections 3 and

4 of this Act, be deemed to have been vested in, to have been incurred and made by the Corporation and shall continue in operation accordingly.

1. (2) All proceedings pending before any authority of the said municipality including area

com prising rural or a part thereof, if any, on the day the Corporation was constituted

which under the provisions of this Act, are required to be instituted before or undertaken

authority before or by whom they have to be instituted or undertaken under the provisions of this Act.

1. (3) All appeals pending before any authority of the said municipality including area

were pending before the said authority after the declaration and constitution of the Corporation.

1. (4) All prosecutions instituted by or on behalf of the said municipality including area

comprising rural area or a part thereof, if any, and all suits and legal proceedings

instituted by or against the said municipality including area comprising rural area or a part thereof, if any, or any officer of the said municipality including area com prising rural area or a part thereof, if any, pending on the day the Corporation was constituted, shall be deemed to have been instituted by or against the Commissioner.

case such municipality or a local authority has been superseded or placed under the charge of an administrator under any enactment made for that purpose be deemed to be a reference to the person or persons appointed to exercise the powers or to perform the functions of such municipality or local authority under any law relating to such municipality or the Municipal Corporation or local authority.

official of the corporation or any other class of Government officer or official discharging any duties in relation to the functions of the Corporation, to which the Government may, by notification, extend the provisions of this section, has misconduct himself in his official capacity, the Corporation may enquire into the matter and submit a report alongwith the prima facie evidence to the superior officer whom it may concern, or to the Director and the said officer shall, after such further enquiry as may be required, take suitable action under intimation to the Corporation and the Government.

1. (2) On the report being made by any Councillor that an officer or official of the municipality or any other class of Government officers or officials discharging any duties in relation

to the functions of the Corporation, to which the Government may, by notification

extend the provisions of this section, has failed to perform any duty imposed, upon

The Arunachal Pradesh Extraordinary Gazette, October 1, 2019 109

1. (b) the Corporation, with previous approval of the Government, may, by notification in the Official Gazette,- --·· -~-
   • (i) exempt the rural areas or any portion thereof from such of the provisions of this Act as it deems fit; and
   • (ii) levy taxes, rates, fees and other charges in the rural areas or any portion thereof at rates lower than those at which such taxes, fees and other charges are levied in the urban areas or exempt such areas or portion from any such tax, rate, fee or other charge.

434. Power to suspend any resolution or order of Corporation : If the Government or the

Director is of the opinion that the execution of any resolution or order of the Corporation or of any other Corporation authority or employee subordinate thereto or the doing of any act which is about to be done or is being done by or on behalf of the Corporation is in contravention of or in excess of powers conferred by this Act or of any other law for the time being in force or is likely to lead to breach of the peace or cause injury and/or annoyance to the public or any class or body of persons, the Government or the Director

under intimation to the Government, may, by order in writing, suspend the execution of

such resolution or order, or prohibit the doing of any such act.

considers not to be in conformity with this Act, or any rules or bye-laws made thereunder and may do all things necessary to secure such conforrnity: Provided that unless in the opinion of the Government the immediate making of such order is necessary it shall before making an order under this section, give the Corporation an opportunity of showing cause why such an order should not be made. Power of Government to withdraw any area of Municipal area, from operation of

Act : ( 1) The Government may, by notification, withdraw from the operation of this Act,

any area of any municipal area of the Corporation: Provided that no such notification shall be issued unless the same has been published

for inviting objections and suggestions, if any, which have been duly considered to.

1. (2) When a notification is issued under this section in relation to any municipal area, this Act, all notifications, rules, regulations, bye-laws, orders, directions and powers issued, made or conferred under this Act shall cease to apply to the said area.

District Planning Committees : (1) The Corporation shall prepare every year a

development plan for its area and submit it to the District Planning Committee.

1. (2) The District Planning Committee, constituted by the State Government under Arunachal Pradesh District planning committee Act 2011 and article 243ZD of the constitution of India, shall consolidate the development plans prepared and submitted to it by the municipalities in the District, under sub-section (1) and prepare a draft development plan for the district as a whole. 436. 437.
2. (3) The persons to represent the municipalities in the District Planning Committee, under clause (d) of sub-section (2) of section 3 of the Arunachal Pradesh District Planning Committee Act, 2011 (5 of 2011) shall be chosen by the elected members of the municipalities in the District in the prescribed manner from amongst themselves.
3. (4) Every District Planning Committee shall in preparing the draft development plan-
   • (a) have regard to-
     • (i) matters of common interest between the municipalities and panchayats including spatial planning, sharing of water and other physical and natural resources, the integrated development of infrastructure and environmental conservation ;
     • (ii) the extent and type of available resources whether financial or otherwise;
   • (b) consult such institutions and organisations as the State Government may specify.
4. (5) The Chairperson of every District Planning Committee shall forward the development plan, as recommended by such Committee, to the State Government.

438. Transitional provisions : In any enactment other than the Arunachal Pradesh Municipal

Act, 2007 (4 of 2008), in force on the date immediately preceding the appointed day on which notification is published under sub-section (2) of section 3 of this Act issued or in

any rule, order or notification made or issued thereunder and in force on such date,

unless a different-intention appears -

1. (a) reference to municipalities, Municipal Council and Nagar Pancbayats constituted under the Arunachal Pradesh Municipal Act, 2007 ( 4 of 2008), shall be construed as reference to the Corporation and such enactment, rule, order or notification shall apply to the Corporation ;

him to perform the duty and, on his failure to do so, shall fixing report the matter to the superior officer whom it may concern, or to the Director and the said officer shall, after such enquiry as may be required, take suitable action under intimation to the Corporation and the Government.

443. Power to remove difficulties : If any difficulty arises in giving effect to the provisions

of this Act or by reason of anything contained in this Act to any other enactment for the time being in force, the Government may, as occasion requires, by order direct that this

Act shall during such period as may, be specified in the order but not extending beyond

the expiry of two years from the commencement orders have effect subject to such adaptations whether by way of modification, addition or omissions as it may deem to be necessary and expedient.