Chapter IX MUNICIPAL

POWERS AND OFFENCES

1. Powers in respect of streets

1. (a) lay out make new public street; or
2. (b) widen, open, enlarge or otherwise improve any public street and construct tunnels and other works subsidiary to such streets; or
3. (c) divert, discontinue or close permanently any public street; or
4. (d) sell or lease the land forming such street or any part thereof or acquired for the purpose of forming such street, if not required for the purpose of such street or for any other purpose of this Act: Provided that no public street shall be discontinued, permanently closed or used for any other purposes without the previous sanction of the State Government.

1. (2) In laying out, making, turning, diverting, widening, opening, enlarging or otherwise improving any public street, the Council may, in addition to the land required for the carriage- way and foot-ways and drains thereof, acquire the land required for the construction of houses and buildings to form the said street and, subject to the provisions of Section 109, may sell and dispose of such additional land in perpetuity or on lease for a term of years, with such stipulation as to the class and description of houses and buildings to be created thereon as it may think fit.
2. (3) If any person who has purchased or taken on lease the additional lands, subject to stipulation referred to in sub-section (2) fails to observe such stipulations he shall, without prejudice to any liability which he may have incurred under the agreement of sale or lease of the said land, be liable to be punished with a fine which may extend to five hundred rupees.
3. (4) The President may close temporarily any public street or part thereof for the purpose of repairs or of constructing any sewer, drain, culvert or bridge or for any other public purpose.

(1) Where a Council considers that in any street not being a public street, or in any part of such street, within the Municipality, it is necessary for the public health, convenience or safety that any work should be done for the levelling, playing metalling, flagging, channeling, draining, lighting or cleaning thereof, the Council may, by the written notice, require the owner of owners of the street and the owners of the several lands or buildings fronting or adjoining the said street or abutting thereon, to carry out such work in such manner and with such time as may be specified in such notice. (2) If the notice under sub-section (1) is not complied with such work may be executed by the Council, between such owners, and in such manner as it may think fit, regard being had, if it deems it necessary, to the amount and value of any work already done by the owners or occupiers of any such lands and buildings. (3) After such work has been carried out by the owner or by the owners or on the failure of the owners to do so by the Council at the expenses of such owners, the street or part thereof in which such work has been done may, and on the joint requisition of a majority of the said owners shall, be declared by public notice, put up therein by the Council to be a public street.

1. (2) If the notice under sub-section (1) is not complied with such work may be executed by the Council, between such owners, and in such manner as it may think fit, regard being had, if it deems it necessary, to the amount and value of any work already done by the owners or occupiers of any such lands and buildings.
2. (3) After such work has been carried out by the owner or by the owners or on the failure of the owners to do so by the Council at the expenses of such owners, the street or part thereof in which such work has been done may, and on the joint requisition of a majority of the said owners shall, be declared by public notice, put up therein by the Council to be a public street.

(1) A Council may, at any time, by a notice exhibited in any private street or part thereof give intimation to declare the same a public street, and unless within one month next after such notice in first exhibited, the owner or the

The Madhya Pradesh* Municipalities Act, 1961

*छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."।

majority of the several owners of such private street or a part of the street, lodges or lodge objections thereto with the Council may, by a notice exhibited in such a street, or such part thereof, declare the same to be public street vested in the Council.

1. (2) If the owner or in case there are more than one owner a majority of owners of any private street request in writing to the Council to declare such street to be a public street, the Council may declare it to be so and on such declaration such street shall vest in the Council and become a public street.
2. (3) If in spite of the opposition of he majority of the owners of any private street, the Council

considers it necessary to declare such street a public street it may do so on paying a reasonable

compensation, which shall be determined in accordance with the provisions of this Act, to the owners of the street.

1. (1) Every person who intends--
   • (a) to sell or lease out any land, subject to a convenant or agreement on the part of a purchaser or lessee, to erect buildings thereon;
   • (b) to divide land, whether unbuilt or partly built, into building plots;
   • (c) to use any land or a portion thereof or permit the same to be used for building purposes; or
   • (d) to make or lay out a private street, whether it is intended to allow the public a right of passage or access over such street or not, shall give notice of his intention so to do, in writing, to the Council and shall along with such notice, furnish plans and sections showing the intended level, means of drainage, direction and width of such land, building or street, and such other particulars as the Council may, bye-laws, prescribe and save as hereinafter provided, the level, means of drainage, direction and width of every such land, building or street shall be used as may be fixed or approved by the Council.
2. (2) Before passing orders under sub-section (1), the Council may pass a provisional order- directing that for a period, not exceeding one month as may, be specified therein, the intended work shall not be proceeding with, or demand, further particulars.
3. (3) If--
   • (a) within two months from the receipt of the notice given under sub-section(1), the Council fails to---
     • (i) pass orders under the said sub-section and to serve notice thereof; or
     • (ii) issue a provisional order or demand further particulars under sub-section (2); or
   • (b) the Council, having issued such demand for, and having received in accordance with the demand such further particulars fails to issue further orders within one month from the receipt of such particulars, then the land may be divided into building plots or used for building purposes or street may be laid out and made, in such manner as may have been specified in the notice under sub-section (1) and as in not inconsistent with any provisions of this Act or of any bye-law for the time being in force thereunder.
4. (4) Whoever divides land into building plots or uses land for building purpose or lays out or makes any such street either without giving the notice required by sub-section (1) or except in accordance with the orders of the Council under the sub-section (1) or (2) or the provisions of sub-section (3), or in any manner contrary to the provisions of this Act or of any bye-laws in force thereunder shall be punished with fine which may extend to five hundred rupees and the Council may cause such land so divided or used for building purposes or street so laid out or laid

The Madhya Pradesh* Municipalities Act, 1961

*छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."।

out or made, to be altered, demolished or removed and the expense thereby incurred shall be paid to it by the offender, and shall be recoverable in the same manner as an amount claimed on account of any tax recoverable under Chapter VIII.

1. (1) A Council may, after giving not less than one month’s notice of its intention so to do and having considered the objections, if any, received by it, prescribe a line on each side of public street with the Municipal area to be called the regular line of the public street and may, from time to time in the like manner, prescribe a fresh line in substitution for the line so prescribed or any part thereof: Provided that no such regular line of public street shall be prescribed except with the previous sanction of the State Government: Provided also that if in the opinion of the State Government it is necessary to prescribe a regular line of a public street within the Municipal area and the Council has failed to prescribe the same in respect of such street so far, the State Government may, by a written requisition, require the Council to prescribe the same in respect of the said street within a period specified therein.
2. (2) Notice under sub-section (1) shall be published by pasting copies thereof in the street or part of the street to which it relates.
3. (3) On the regular line of the public street being prescribed under sub-section (1)-
   • (i) no person shall, except in accordance with the provisions of this Act, construct or reconstruct any building or portion thereof within such line;
   • (ii) all open lands or land consisting of Khandher lying within such line shall be deemed to be part of the public street and shall vest in the Council.
4. (4) The Council shall pay such reasonable compensation to the owner as may be determined in accordance with the provisions of Section 303 for loss which he may sustain in consequence of inclusion of his land in a public street but in assessing such compensation regard shall be had to the benefits accruing to that owner from the development of the land belonging to him and affected by such street.
5. (5) In the event of contravention of sub-section (3), the Council-
   • (a) shall direct that the construction of the building be stopped;
   • (b) may by written notice, require such building or portion thereof to be altered or demolished in accordance with the provisions of such notice within such reasonable time as may be specified therein.
6. (6) Whoever contravenes the provisions of the sub-section (3) shall be punished with fine which may extend to five hundred rupees; and in the case of a continuing contravention with an additional fine which may extend to ten rupees for every day during which such contravention continued after the first conviction for the first such contravention.

The Madhya Pradesh* Municipalities Act, 1961

*छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."।

Setting back projecting buildings.--

1. (1) If any part of a building projects beyond the regular line of a public street either as existing or as determined for the future or beyond the front of the building on either side thereof, the Council may--
   • (a) if the projecting part thereof is a verandah, step or some other structure external to the main building at any time; or
   • (b) if the projecting part is not such external structure as aforesaid, then whenever the greater portion of such building or whenever any material portion of such projecting part has been taken down or burnt down or has fallen down, require by written notice either that the part, or some portion of the part, projecting beyond the said regular line or beyond the said front of the adjoining building on either side thereof shall be removed or that such building then being rebuilt shall be set back to or towards the said regular line, or the front of such building, and the portion of land added to the street by such setting back or removal shall thenceforth be deemed part of the public street and be vested in the Council: Provided that the Council shall make reasonable compensation to the owner in accordance with the provisions of Section 303 for any land vesting in the Council for the damage, he may sustain in consequence of his building or any part thereof being set back.
2. (2) The Council may, upon such terms as it thinks fir, allow any building to be set forward for improving the regular line of any public street in which such building is situated.

1. (1) The external roofs and walls of the buildings constructed or renewed after the coming into force of this Act, shall not be made of grass, wood, canvas, leaves, mats or other inflammable materials excepts with the written consent of the Council which may be given either specially in individual cases, or generally in respect of any area specified therein.
2. (2) If the Council is of the opinion that it is necessary so to do in public interest it may at any time by written notice of not less than fifteen days, require the owner of any building which has an external roof or wall made of any such material as aforesaid to remove such roof or wall within such reasonable time as shall be specified in the notice whether such roof or wall was or was not made before the time at which this Act come into force and whether it was made without the consent of the Council.
3. (3) Whoever without such consent as is required by sub-section (1), makes or causes to be made, or disobeys the requirements of a notice given under sub-section (2) and suffers to remain any roof or wall of such materials as aforesaid shall be punished with fine which may extend to ten rupees for every day on which the offence is continued after the date of the first conviction.

Every building shall hereafter be constructed upon such level as will allow of the drainage thereof being led into some public sewer or drain either then existing or projected by the Council, or into some stream or river or into some cesspool or other suitable place which may be approved by the Council.

1. (1) No person shall erect or re-erect or construct or build or commerce to erect or re-erect or construct or build any building without the sanction of the Council.

The Madhya Pradesh* Municipalities Act, 1961

*छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."।

1. (2) Before beginning to erect any building, or to alter externally or add to any existing building, or to construct or reconstruct any projecting portion of a building in respect of which the Council is empowered by Section 184, to enforce a removal or set-back, the person intending so to build, alter, add or reconstruct shall give to the Council notice thereof, in writing and shall, of required by a bye-law or by special order to do so furnish along with such notice a plan showing the levels, at which the foundation and lowest floor of such building are proposed to be laid, by reference to some level known to the Council and all such information as may be required regarding the limits, design, ventilation and materials of the proposed building, and the intended situation and construction of the drains, sewers, privies, water-closers and cesspools, if any, to be used in connection therewith and the location of the building with reference to any existing or projected streets and the purpose for which the building will be used.
2. (3) Save as otherwise provided in this Act or the rules and bye-laws made thereunder, the Council may either refuse to give permission or give permission to erect, alter, add to or reconstruct the building according to the plan and information furnished or may impose, in writing, such conditions as to level, drainage, sanitation, materials or to the dimensions and cubical contents of rooms, doors, windows and apertures for ventilation or to the number of storeys to be erected or with reference to the location of the building is to be used as they think proper or may direct that the work shall not be proceeded with unless and until all questions connected with the respective location of the building and any such street have been decided to its satisfaction.
3. (4) The Council may, before any work has been commenced in pursuance of any permission granted under sub-section (3) revoke such permission and may give fresh permission in lieu thereof on such conditions, in accordance with this Act and the rules, and bye-laws made thereunder, with reference to the matters mentioned in the said sub-section, as it thinks proper, and may direct that the work shall not be proceeded with unless and until all questions connected with the respective location of the building and any such street have been decided to its satisfaction.
4. (5) Before issuing any orders under sub-section (3), the Council may, within one month from the receipt of such notice, either issue--
   • (a) a provisional order directing that for a period not exceeding one month from the issue thereof the intended work shall not be proceeded with; or
   • (b) may demand further particulars.
5. (6) A work proposed in a notice is given under sub-section (2) may be proceeded with in the manner specified in such notice, provided that such manner is not inconsistent with any provision of this Act, or of any bye-law for the time being in force threunder, in the following cases, namely:--
   • (a) in case the Council, within one month from receipt of such notice has neither--
     • (i) passed orders under sub-section (3) and served notice thereof in respect of the intended work; or
     • (ii) issued under sub-section (5) any provisional order or any demand for further particulars;
   • (b) in case the Council having issued such demand for and having received such further particulars, has issued no further orders within one month from the receipt of such particulars.
6. (7) No person who becomes entitled under sub-section (3) or sub-section (6) to proceed with any intended work of which notice is required by sub-section (2) shall commence such work after the expiry of the period of one year from the date on which he first became entitled so to proceed

The Madhya Pradesh* Municipalities Act, 1961

*छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."।

therewith, unless he shall have again become so entitled by fresh compliance with the provisions of the proceeding sub-section.

1. (8) Whoever begins any construction, alteration, addition or reconstruction without obtaining permission or giving the notice required by sub-section (2) or without furnishing the documents or affording information above prescribed, in any manner contrary to such orders of the Council as may be issued under this section or contrary to the provisions of sub-section (7), or in any other respect contrary to the provisions of this Act or any bye-laws in force thereunder, shall be punished with fine which may extend to one hundred rupees for each day during which such contravention continues after conviction for the first such contravention. Provided that the Chief Municipal Officer may, without prejudice to his right to take proceedings for line in respect of the contravention, require the owner by written notice:-- Provided that the Chief Municipal Officer may, without prejudice to his tight to take proceedings for line in respect of the contravention, require the owner by written notice:--
   • (a) either to pull down or remove the work or if he so elects to effect such alteration therein as may be necessary to make it in conformity with the requirement as shown in the notice; or
   • (b) who is erecting such building or executing such work or has erected such building or executed such work on or before such day as shall be specified in such notice, by a statement in writing subscribed by him or by an agent duly authorised by him in that behalf and addressed to the Chief Municipal Officer, to show sufficient cause why such building or work shall not be removed, altered or pulled down; or
   • (c) on such day and at such time and place as shall be specified in such notice to attend personally or by an agent duly authorised by him in that behalf, and show sufficient cause why such building or work shall not be removed, altered or pulled down. If such person fails to show sufficient cause, to the satisfaction of the Chief Municipal Officer, why such building or work shall not be removed, altered or pulled down, the Chief Municipal Officer may remove, alter or pull down the building or work and the expenses thereof shall be paid by the persons.
2. (9) The Council or any officer deputed by it may, at any time, inspect the erection of any building at any time during the erection of building or the execution of any such work as aforesaid or at any time not later than one month after being informed, in writing by the person reasonable for giving a notice under sub-section (2) that the erection of the building, or the execution of any such work as aforesaid has been completed, may by a written notice specify any matter in respect of which the erection of such building, or the execution of such work, may be in contravention of any provisions of this Act or any bye-laws made under this Act at the time in force, and require the person erecting or executing, or who has erected or executed such building or work or if the person who has erected or executed such building or work, is not at the time of notice the owner thereof, then the owner of such building or work to cause anything which is

contrary to any such provision or bye-law to be altered or to execute such work, which may be

required to be executed by him n accordance with such provision or bye-law. Explanation.--The expression "to construct a building" throughout this chapter includes--

1. (a) any material alteration, enlargement or reconstruction of any building or of any wall, including compound wall and fencing, verandah, fixed platform, plinth, door-step or the like, whether constituting part of a building or not;
2. (b) the conversion into a place for human habitation of any building not originally constructed for human habitation;

The Madhya Pradesh* Municipalities Act, 1961

*छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."।

1. (c) the conversion into more than one place for human habitation of a building originally constructed as one such place;
2. (d) the conversion of two or more places of human habitation into a greater number of such places;
3. (e) such alteration of the internal arrangement of a building, as effect its drainage, ventilation or other sanitary arrangement, or its security or stability; and
4. (f) the addition of any rooms, buildings or their structures to any buildings, and a building so altered, enlarged, reconstructed, converted, or added to shall be deemed to be "a new building" for the purposes of this Chapter. 187-A. Compounding of offences of construction of buildings with permission- Notwithstanding anything contained in this Act or any other Act, for the time being in force or any rules or byelaws made there under , the offence of constructing buildings without permission or contrary to the permission granted, may be compounded, if-
5. (a) Such construction does not affect the regular building line;
6. (b) the area of unauthorized construction made in the marginal open spaces or in excess of the prescribed floor area Ratio does not exceed ten percent of the prescribed floor area Ratio;
7. (c) such construction does not come within the area notified by the State Government as a hill station or a place of tourist importance or sensitive from the point of ecology ; or
8. (d) such construction does not come within the area specified for parking of vehicles; or
9. (e) such construction does not come within the area boundary of roads or within the area affecting alignment of Public Roads; or
10. (f) such construction does not come within the area specified for tanks (talab);
11. (g) such construction does not come within thirty metres or such further distance from the river bank as may be specified in the master plan of the concerned town;
12. (h) such construction does not come within the area of any nallah and water stream; Provided that in compounding the cases, fees shall be charged, as under in respect of the area of unauthorized construction on the basis of the rate of sale of land determined by the Collector of stamps for the area concerned :-
13. (a) If the construction relates to a plot of one hundred square meter but does not exceed two hundred fifty square meter, thirty percent of the rate of sale in respect of non-residential buildings;
14. (b) If the construction relates to a plot of one hundred square meter but does not exceed two hundred square meter, twenty per cent of the rate of sale in respect of residential building and thirty per cent of the rate of sale in respect of non-residential buildings;
15. (c) If the construction relates to a plot exceeding two hundred square meter but does not exceed three hundred fifty square meter, thirty per cent of the rate of sale in respect of residential building and forty five per cent of the rate of sale in respect of non-residential buildings;
16. (d) If the construction relates to a plot exceeding three hundred fifty square meter, forty per cent of the rate of sale in respect of residential building and sixty per cent of the rate of sale in respect of non-residential buildings; Provided further that the compounding shall be made in case of residential construction by the Commissioner and in case of non-residential construction with the permission of the Mayor-in- Council: Provided also that nothing contained in this section shall apply to any person who does not have any right over the building or the land on which the construction has been made.

The Madhya Pradesh* Municipalities Act, 1961

*छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."।

187-B. Power of State Government to cancel or revise permission for construction of a building.- If it is found that any permission for construction of a building has been given in violation of any provision of this Act or rules or byelaws made there under or in the opinion of the State Government it is necessary in the public interest that the permission granted by the Municipality deserves to be cancelled or revised the State Government shall have power to cancel or revise such permission and on such cancellation or revision, as the case may be, any construction contrary to the order regarding cancellation or revision shall be deemed to be without permission and shall be dealt with in accordance with the provisions of this Act and the rules made there under. Provided that no such order shall be passed unless the aggrieved party has been given an opportunity of being heard.

187-C. Relaxation in Compounding the unauthorized construction.-

1. (1) Notwithstanding anything contained in Section 308-A or any other provisions of this Act or any other law for the time being in force , the Commissioner may, on the application made in this behalf by order, compound the cases involving deviations from the approved plan or map, or construction made without permission by collecting compounding fee at such rate as may be determined by the State Government.
2. (2) The application under sub-section (1) shall be made within 90 days from the date of the

commencement of the Madhya Pradesh* Nagarplaik Vidhi (Sanshodhan) Adhiniyam, 2003 and

the Commissioner shall, after making such enquiry as he deems fit decide all applications received under sub-section (1) within six months from the date of receipt. If the Commissioner fails to decide the applications received under sub-section (1) within the aforesaid period he will be deemed ton be guilty of dereliction of duty and liable for disciplinary action.

1. (3) Upon the issue of the order under sub-section (1), permission shall be deemed to have been granted under this Act and the Madhya Pradesh* Nagar Tatha Gram Nivesh Adhiniyam, 1973 and the rules and byelaws made thereunder.
2. (4) Nothing contained in sub-section (1) shall apply to any application by any person who does

not have any right over the building or the land on which the construction has been made or to

any application in respect of any building erected or constructed in any of the following areas:-

1. (i) area notified by the State Government as a hill station or place of Tourist importance or as sensitive/fragile from the point of ecology;
2. (ii) area specified for parking of vehicles;
3. (iii) area coming within the Road or area affecting alignment of Public Roads;
4. (iv) area specified for tanks (Talab):
5. (v) area of construction affecting regular building line.
6. (vi) area of construction coming within thirty metres or such further distance from the river bank as may ne specified in the master plan of the concerned town;
7. (vii) area of any nallah and water stream.

1. (1) Save as otherwise provided no compensation shall be claimable by an owner for any damage which he may sustain in consequence of a prohibition under this Act of the erection of any building.
2. (2) The Council shall make reasonable compensation to the owner for any damage which he may sustain in consequence of the prohibition of the re-erection of any building:

The Madhya Pradesh* Municipalities Act, 1961

*छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."।

Provided that the Council shall not be liable to make any compensation in respect of the prohibition of six years or more immediately preceding such prohibition, has ceased to be fir for occupation or to exist or, having been demolished or destroyed has not been re-erected.

In any case in which no bye-laws have been made for the purpose of Section 187 the Council may, within fourteen days of the receipt of notice, required under the said section, require a person who has given such notice to furnish within one week of the receipt by him of the requisition, information, on all or any of the members in respect of which bye-laws might have been made and in such case the notice shall not be valid until such information has been furnished.

When a person has given notice to the Council under Section 187 in regard to his intention to construct a building, it shall be lawful for the Council to refuse the permission applied for if the Council or any other local authority decides to acquire the land on which any building is proposed to be constructed, and the Council or such other local authority, as the case may be, institutes the acquisition proceedings within four months of the date of such refusal: Provided that such refusal shall be subject to the following conditions namely:--

1. (a) if the property is acquired and no agreement is arrived at, as regards the amount of compensation payable to the person giving notice of his intention to construct a building, the same shall be determined in accordance with the provisions of this Act, regard being had to the likely benefit which would have accrued to such person if the permission had not been refused;
2. (b) if within a period of four months from the date of resolution of the Council proposing to acquire the land :-
   • (i) the land is not acquired by the Council by agreement; or
   • (ii) an application has not been made to the State Government for the institution of proceedings for compulsory acquisition under the provisions of the Land Acquisition Act, 1894 (I of 1894) ; or
   • (iii) if the Council abandons the proposal to acquire the land, the notice given under Section 187 shall be deemed to have been revived with effect from the date on which the said period of four months expires, or with effect from the date on which the decision of the Council to abandon the proposal is arrived at, as the case may be;
3. (c) a decision in the matter shall be communicated to the person giving notice within fifteen days from the decision; and the notice shall be dealt with as if the Council had not passed a resolution to acquire the land;
4. (d) the Council shall be liable to pay compensation to the said person in respect of the loss which he may prove to have incurred by reason of refusal by the Council to grant the permission:

Completion certificate and permission to occupy or use.-

1. (1) Every person who-
   • (i) erects or re-erects any building ; or
   • (ii) makes any material external alteration in or addition to any existing building; or

The Madhya Pradesh* Municipalities Act, 1961

*छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."।

1. (iii) construct or re-constructs any projecting portion of a building which the Commissioner is empowered under section 184 to require to be set back or is empowered to give permission to construct or re-construct; shall within one month of the completion of the work delivered to the Council at his office a notice in writing of such completion and shall give to the Council all necessary facilities for the inspection of such work.

1. (2) No person shall occupy or permit to be occupied any such building or use or permit to be used any buildings or part thereof affected by any such work until permission has been granted by the Council in this behalf in accordance with the bye-laws made there under this Act: Provided that if the Council fails, within a period of fifteen days after the receipt of notice of completion under sub-section (1), to communicate its refusal to grant such permission, such permission shall be deemed to have been granted.

1. (1) No person shall, without giving previous to the Council of his intention so to do, erect any hut, shed or range or block of huts or sheds or add any hut or shed to any range or block of huts of shed already existing at the time this Act comes into operation.
2. (2) A Council may require such huts or sheds to be built so that they may stand in regular limes with a free passage or way in front of and in between every two lines of such width as the Council thinks proper for ventilation and to facilitate scavenging and at such a level as well admit of sufficient drainage and may require such huts to be provided with such number of privies and such means of drainage as it may consider necessary.
3. (3) If any hut or shed or range or block be built without due notice to the Council as required under sub-section (1), or otherwise than as required by the Council, the Council may be a notice, in writing, served upon the owner or builder thereof, or to the owner or occupier of the land on which the same is erected, or is being erected, require him within such reasonable time as shall be specified in the notice demolish and remove the same or to make such alterations therein additions thereto as having regard to sanitary considerations the Council may think fit.

1. (1) Whenever the Council is of the opinion that any huts or sheds, whether used as dwelling or stables or for any other purpose, and whether existing at the time when this Act comes into operation or subsequently erected, ate by reason of --
   • (a) insufficient ventilation or the manner in which such huts or sheds are crowded together; or
   • (b) the want of a plinth or sufficient drainage; or
   • (c) the impracticability of scavenging, attended with risk of disease to the persons residing in such huts or in the neighbourhood thereof, it shall cause a notice to be affixed to some conspicuous parts of each such huts or sheds, requiring the owner or occupier thereof, or the owner of the land on which such hut or shed is built, within such reasonable time as may be fixed by the Council for that purpose, to demolish and remove such hut or shed, or to execute such operation for its improvements as the Council may deem necessary to prevent such risk.
2. (2) If any owner or occupier refuse or neglects to demolish and remove such huts or sheds or to execute such operations within the time appointed, the Council may cause the said huts or sheds to be demolished or such operations to be performed in respect of such huts or sheds as it may deem necessary to prevent such risk.

The Madhya Pradesh* Municipalities Act, 1961

*छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."।

1. (3) No action for removal or demolition of hut or shed shall be taken under sub-section (1) or (2) until the Council provides suitable alternative site or accommodation, for occupation by the dwellers of such hutments or sheds on such terms and conditions as may be prescribed.
2. (4) If such huts or sheds be demolished by the Council, the Council shall cause the materials of such hut or shed to be sold separately, if such sale can be effected, and the proceeds, after deducting all expenses, shall be paid to the owner of the hut or shed, or if the owner be unknown or the title disputed, shall be held in deposit by the Council until the person interested therein shall obtain the order of a competent Court for the payment of the same: Provide that in case any huts or sheds, existing at the time when the land on which they are situated first become part of a Municipality, should be demolished under this section by order of the Council, or in pursuance of its notice, compensation shall further be made to the owner or owners thereof, and the amount thereof, in case of dispute, shall be ascertained and determined in the manner provided in Section 303. 3. Powers regarding external structures, etc..

1. (1) The Council may, subject to any bye-laws made under the provisions of this Act, give written permission to the owners or occupiers of buildings in public street to put open verandahs, balconies or rooms, to project from any upper story thereof at such height from the surface of the street as the Council may fix and to ann extent not exceeding four feet beyond the line of plinth or basement wal, and may prescribe the extend to which and the conditions subject to which, roofs, eaves, weather boards, dasses, shop boards and the like may be allowed to project over such streets.
2. (2) (a) any such owner or occupier putting up any such projections as aforesaid withoutnsuch permission or in contravention of such orders, shall be punished with fine which may extend to two hundred and fifty rupeesn andnif any such owner or occupier fails to remove any such projection as aforesaid in respect of which he has been convicted under this section, he shall he punished with further fine which may extend to five rupees for each day on which such failure or neglect continues.
   • (b) Notwithstanding any proceedings which may be taken under clause (a), the Council may, by written notice, require the owner or occupier of any such building to remove or alter any such projections which has been constructed either without or contrary in any manner to the permission or order given or issued by or on behalf of the Council.
   • (b) The Council may, by written notice, require the owner or the occupier of any building to remove or alter any projections, encroachment or obstructions which, whether erected before or after the site of such building became part of a Municipality, shall have been erected or placed against or in front of such buildings, and which-
   • (a) overhangs or juts into or in any way projects or encroaches upon any public street, so as to be an obstruction to safe and convenienet passage along such street; or
   • (b) project and encroached into or upon any uncovered aqueduct, drain or sewer in such street so as to obstruct or interfere with such aqueduct, drain or sewer, or the proper working thereof: Provided that the Council shall, if such projection, encroachement, or obstruction shall have been made in any place before the date on which such places became part of a Municipality, or after such date with written permission of the Council, make reasonable compensation to every person who suffers damage by such removal or alteration; and if any such dispute shall arise touching

The Madhya Pradesh* Municipalities Act, 1961

*छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."।

the amount of such compensation, the same shall be ascertained and determined in the manner provided in Section 303.

1. (1) The Council may, by written notice, require the owner of any building in any street to put up and keep in good condition proper troughs and pipes for receiving and carrying water from the roof and other parts of such buildings, and for discharging the same, in such manner as they think fit, in order that such water shall not fall upon the persons passing along the street.

A Council may erect or fix to the outside of any building, brackets for lamps to be lighted with

oil or gas or subject to the provisions of the Indian Electricity Act. 1910 (IX of 1990) ; for lamps to be lighted with electricity or otherwise or subject to the provisions of the Indian Telegraph Act, 1885 (XIII of 1885), for telegraph wires or telephone wires or wires for the conduct of electricity or such pipes as it may deem necessary for the proper ventilation of sewers and water works. Such brackets, wires and pipes shall be erected so as not to occasion any danger, inconvenience or nuisance to the occupants of the said building, or of any others in the neighbourhood or to the public.

(1) A council may cause a name to be given to any street, parks and may from time to time cause to be put up or painted on a conspcious part of any building at or near each end corner or entrance to evry street, the name by which such street, is to be known, and may from time to time cause a number to be affixed in a conspicuous part on the outer side of any building or at the entrance of the enclosure thereof fornting the street. (2) Any person who destroys, pulls down or defaces any such name or number or puts any name or number different from that put by the Council shall be punished with fine which may extend to twenty-five rupees.

by which such street, is to be known, and may from time to time cause a number to be affixed

in a conspicuous part on the outer side of any building or at the entrance of the enclosure thereof fornting the street.

1. (2) Any person who destroys, pulls down or defaces any such name or number or puts any name or number different from that put by the Council shall be punished with fine which may extend to twenty-five rupees.

Any person--

1. (a) who without the permission, in writing, of the Council affix on the Municipal property any poster, bill, placard, or any other paper or means of advertisement against or upon any building, wall, board, fence or pole, lamp-post, or the like; or
2. (b) who without such consent as aforesaid writes upon, soils, defaces or marks any such building, wall board, fence or pole with chalk or paint or in any other way whatsoever. shall be punished with fine which may extend to twenty-five rupees.

The Council may, by written notice, require the owner or occupier of any land so to trim or prune the hedges thereof bordering any public street that the said hedges may not exceed the height of four feet from the level of the street, and width of four feet; and to cut down, lop or trim all trees or shrubs which in any way overhang, endanger or obstruct or which the Council deems likely to overhand endanger or obstruct any public street or to cause damages thereto, or which so overhang any public well, public tank or other provision for water supply as to pollute, or likely to pollute the water thereof.

The Madhya Pradesh* Municipalities Act, 1961

*छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."।

4. Powers connected with drainage, etc..

gallies and cesspools within the Municipality which are not under the survey and control of the State Government shall be under the survey and control of the Council.

1. (2) All covered sewers and drains and all cesspools, whether public or private, shall be provided by the Council or other persons to whom they severally belong, with proper traps, or other coverings or means of ventilation and the Council may, by written notice, call upon the owner of any such covered sewers, drains or cesspools to make provision accordingly.

(1) It shall be lawful for a Council, for any drainage purposes, to carry any drain, sewer, conduit, tunnel, culvert, pipe or watercourse through, across or under, any street or any place laid out as, or intended for, street, or under any cellar or vault which may be under any street, and after giving reasonable notice, in writing, to the owner or occupier, into, through or under, any land whatsoever within the Municipal area.

1. (2) A council, or any person acting under its authority for such purpose may enter upon and construct any new drain in place of an existing drain in any land wherein any drain vested in the Council has been already constructed or may repair or alter any drain vested in the Council.
2. (3) In the exercise of any power under this section no unnecessary damage shall be done, and compensation, which shall, in case of dispute be ascertained and determined in the manner provided in Section 303 shall be paid by the Council to any person who sustains damage by the exercise of such powers.

(1) Where it is necessary for the execution of a scheme under the provisions of this Act to carry a sewer or drain into across or under, the land within the limits of the area of any other local authority for the purpose of the ultimate disposal of the sewage, the consent of such other local authority shall be obtained on such terms and conditions as may be mutually agreed upon, or in default of agreement, as may be decided by the State Government. (2) No drains or sewers or channels shall be constructed or any out-fall or disposal be carried into, across or under the land vesting in the State Government or the Central Government except with their prior permission.

1. (2) No drains or sewers or channels shall be constructed or any out-fall or disposal be carried into, across or under the land vesting in the State Government or the Central Government except with their prior permission.

If any building or land or both be at any time undrained or not drained to the satisfaction of the Council, the Council may, by a written notice, call upon the owner to construct or lay from such building or land or both a drain or pipe of such size and materials, at such levels, with such falls as it thinks necessary for the drainage of such building or land or both into-

1. (a) some drain or sewer, if there be a suitable drain or sewer within 50 feet of any part of such building or land; or
2. (b) a covered cesspool to be provided by such owner as approved by the Council.

Any owner or occupier of any, house or premises or any factory or business concern may, withy the written permission of the Council, provide, in lieu of or in addition to water-carriage system, a septic tank or sanitary latrine for the disposal of the night-soil. The effluent from the septic tank or sanitary latrine for the disposal of the night soil. The effluent from the septic tank or sanitary latrine after proper treatment may be The Madhya Pradesh* Municipalities Act, 1961 *छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."। discharged into the main sewer or disposed of in such manner as may be approved by the

The Madhya Pradesh* Municipalities Act, 1961

*छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."।

discharged into the main sewer or disposed of in such manner as may be approved by the

New Building not to be erected without drains.--

1. (1) It shall not be lawful to erect any building or to rebuild any building, or to occupy any building newly erected or rebuilt, unless and until--
   • (a) a drain be constructed of such size, materials and description, at such level, and with such fall, as shall appear to the Council to be necessary for the effectual drainage of such building;
   • (b) there have been provided for any set up in such building and in the land appurtenant thereto all such appliances and fittings as may appear to the Council to be necessary for the purpose of gathering and receiving the drainage from, and conveying the same off, the said building and the said land and of effectually flushing the drain of the said building and every fixture connected therewith.
2. (2) The drain, to be constructed as aforesaid, shall empty into a Municipal drain, or into some place set apart by the Council for the discharge of the drainage situated at a distance not exceeding fifty feet from such building; but if there is no such drain or place within that distance, then such drain shall empty into such cesspool as the Council may direct.

The owner or occupier of any building or land within the Municipality shall be entitled to cause his drains to empty into the sewers of the Council: Provided that he first obtain the written permission of the Council and that he complies with such conditions as the Council may prescribe as to the mode in which and the superintendence under which the communications are to be made between the drains not vested in the Council and drains which are so vested.

1. (1) If the owner or occupier of any building or land desires to connect the same with any Municipal drain, by means of drain to be constructed through land or to be connected with the drain belonging to or occupied by or in the use of some other person, he may make a written application to the Council.
2. (2) The Council may, thereupon, after giving to such other person a reasonable opportunity of stating any objections to such application, and if no objection is raised or if any objection which is raised is in its opinion insufficient, by an order in writing, authorise the applicant to carry his drain into, through, or under the said land, or into the said drain, as the case may be, in such manner and on such condition as to the payment of rent or compensation and as to the respective responsibilities of the parties for maintaining, repairing, flushing, cleaning and emptying the said drains as may appear to it to be adequate and equitable.
3. (3) Every person is whose favour such order is made, or any agent, or other person employed by him for this purpose shall be entitled after giving or tendering to the owner, occupier or user of the said land or drain the compensation or rent, if any specified in the said order, and otherwise fulfilling, as far as possible the condition of the said order, and after giving to the said owner, occupier, or user reasonable notice, in writing, to enter upon the land specified in the said order

The Madhya Pradesh* Municipalities Act, 1961

*छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."।

with assistants and workman at any time between sunrise and sunset and, subject to all provisions of this Act, to all such work as may be necessary--

1. (a) for the construction or connection of the drain, as may be authorised by the said order;
2. (b) for renewing, repairing or altering the same as may be necessary from time to time; or
3. (c) for discharging any responsibilities attaching to him under the term of the order as to maintaining, repairing, flushing, cleaning or emptying the said drain or any part therof.

1. (4) In executing any work under this section as little damage as possible shall be done, and the owner or occupier of the buildings or lands for the benefit of which the work is done, shall--
   • (a) cause the work to be executed with the least practicable delay;
   • (b) fill in, reinstate and make good at his own cost and with the least practicable delay the ground or any portion of any building or other construction opened, broken up or removed for the purpose of executing the said work; and
   • (c) pay compensation to any person who sustains damage by the execution of the said work.
2. (5) If the owner of any land into, through or under which a drain has been carried under this section whilst such was unbuilt upon, shall at any subsequent time desire to construct a building thereon, the Council shall, if it sanctions the construction of such buildings, by written notice, require the owner or the occupier of the building or land, for the benefit of which drain was constructed, to close, remove or divert the same, and to fill in, reinstate and make good the land in such manner as it may deem necessary in order to admit of the construction or safe enjoyment of the proposed building.

1. (a) any drain, privy, latrine, urinal absorption pt, disposal work, cesspool or other receptacle for fifth or refuse may be moved or removed;
2. (b) any privy or cesspool or additional privies or cesspools should be provided in or on any building or land or that in any Municipality in which a watern closet system has been introduced such water closets should be substituted for the existing privies in or on any building or land, or that additional water closet should be provided therein or thereon ; or
3. (c) pour-water flush latrines or any other type of latrines should be substituted for the existing service latrines in any building or land within the limits of Municipality; it may by written notice call upon the owner or occupier of such building or land,-
   • (i) in cases falling under clause (a) to move or remove such drain, privy, latrine, urinal absoption pit, disposal work cesspools or other receptacle for filth or refuse;
   • (ii) in cases falling under clause (b) to provide such privies, cesspool or water closets;
   • (iii) in cases falling under clause ©, to close service latrines and provide in their place, pour water flush latrines or such other types of latrines; as may be specified in the notices at such sites and within such period as may be specified in the nortice or within such period as may be, extended by the Council by order in writing.

1. (2) The Council may, by written notice, require any person or persons, employing workmen or labourers exceeding twenty in number or owning or managing any market, school or theatre or other place of public resort, to provide such latrines our urinals at such sites as it may direct and to cause the same to be kept in proper order, and to be daily cleaned.
2. (3) The Council may, by written notice, require the owner or the occupier of any land upon which there is a privy or urinal, to have such privy or urinal shut out by sufficient roof and a wall or fence, from the view of persons passing by or residing in the neighbourhood, or to alter as it may direct any privy, door or trap-door which opens on to any street, and which it deems to be a nuisance.

The Madhya Pradesh* Municipalities Act, 1961

*छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."।

1. (4) The State Government may, by order fix a period within which the pour water flush or any other type of latrines shall be substituted for the existing service latrines within the limits of a Municipality.
2. (5) If the owner or occupier of a building or land in spite of service of notice or order under this section fails to carry ouot the work mentioned there in within the period specified in the notice or order, as the case may be, shall be punished with a fine which may, extend to one thousand rupees and in case he does not pay the fine with imprisonment which may extend to three months: Provided that without prejudice to the right to take proceedings to the punishment in respect of the contravention of this section the Council may get the said work done through its agency and recover the cost incurred in connection therewith, from the owner or occupier thereof, as the case may be, in the manner provided in Chapter VIII.

(1) All sewers, drains, privies, water-closets,urinals, house-gullies and cesspools within a Municipality shall, unless constructed at the cost of the Council be altered, repaired, and kept in proper order at the cost and charge of the owner of lands or buildings to which they belong, or for the use of which they have been constructed or continuing, and the Council may, by written notice, require any such owner to alter, repair, and put the same in good order in such manner as it may deem fit.

1. (2) The Council may , by written notice, require the owner to demolish or close any privy or cesspool whether constructed before or after the coming into operation of this Act, which in the opinion of the Council is a nuisance, or is so constructed as to be inaccessible for the purpose of scavenging or incapable of being property cleaned or kept in good order.

When any building or land within the Municipality has a drain communicating with any cesspool or sewers, the Council, if it considers that such drain, though it may sufficient for the drainage of such building or land and though it may be otherwise unobjectionable, is not adapted to the general sewerage of the locality, may close such drain and cesspools or sewers, whether they are or are not on the land vested in the

Power in respect of sewers, etc. un-authorisedly constructed, rebuilt or unstopped.- The Council may, by written notice, require that any such sewers, drain, privy, water-closet, house-gully or cesspool on any land within Municipal limit constructed, rebuilt or unstopped-

1. (a) after such land became part of a Municipality; and
2. (b) either without the consent or contrary to the orders, directions or general regulations or bye- laws of the Municipality, or contrary to the provisions of any enactment in force at the time when it was constructed, rebuilt or unstopped; shall be demolished, amended or altered, as it may deem fit, by the person by whom it was so constructed, rebuilt or unstopped and every person so constructing, rebuilding or unstopping any such sewers, drain, privy, water-closet, house-gully, or cesspool, whether he does or does not receive such notice or does or does not comply therewith shall, in addition to any penalty to which he may extend to twenty-five rupees.

The Madhya Pradesh* Municipalities Act, 1961

*छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."।

(1) Whoever, without the written consent of the Council first obtained, makes or causes to be made any drain into or out from any of the sewers or drains vested in the Council, shall be punished with fine which may extend to twenty-five rupees, and the Council may, by written notice, require such person to demolish, alter, remake or otherwise deal with such drain as it may think fit.

1. (2) No building shall be newly constructed or reconstructed over any sewer or drain, culvert, or gutter vested in a Council, without the written consent of Council and the Council may, by written notice, require any person who has so constructed or reconstructed any building without such written consent, to demolish or otherwise to deal with the same as it may deem fit.

(1) The Council or any officer appointed by it for such purposes may, after due notice to the owner and subject to the restrictions of this Act, inspect any sewer, drain, privy, water-closet, house-gully or cesspool, and for that purpose at any time between sunrise and sunset, may enter upon any land or buildings, with assistants and workmen, and cause the ground to be opened wherever necessary for such inspection causing as little damage as may be. (2) The expenses of such inspection, and of restoring the ground to its former position shall be borne by the Council unless the sewer, drain, privy, water-closet, urinal, house-gully or cesspool is found to be in bad order or condition, or was constructed in contravention of the provisions of any enactment or of any bye-law or orders thereunder in force at the time or issued in respect of such construction in which case such expenses shall be paid by the owner of such sewer, drain, privy, water-closet, urinal, house-gully of cesspool and shall be recoverable in the same manner as an amount claimed on account of any tax recoverable under Chapter-VIII.

1. (2) The expenses of such inspection, and of restoring the ground to its former position shall be borne by the Council unless the sewer, drain, privy, water-closet, urinal, house-gully or cesspool is found to be in bad order or condition, or was constructed in contravention of the provisions of any enactment or of any bye-law or orders thereunder in force at the time or issued in respect of such construction in which case such expenses shall be paid by the owner of such sewer, drain, privy, water-closet, urinal, house-gully of cesspool and shall be recoverable in the same manner as an amount claimed on account of any tax recoverable under Chapter-VIII.

do so.--

1. (1) The Council may, if it thinks fit, cause any work the execution of which may be ordered by or on behalf of the Council under the provisions of this chapter to be executed by Municipal or other agency under its own orders, without first of all giving the persons by whom the same would otherwise have to be executed the opinion of doing the same.
2. (2) The expenses of any work so done shall be paid by person aforesaid, unless the Council shall, by a general or special order or resolution, sanction. as it is hereby empowered to sanction, the execution of such work at the charge of the Municipal Fund.
3. (3) Any pipes, fittings, receptacles, or other appliances for or connected with the drainage of private buildings or lands shall, if supplied, constructed or elected at the expense of the Council, be deemed to be Municipal property unless the Council shall have transferred its interest therein to the owner of such buildings or lands.

In a Municipal area without any sewers, the Council may require the construction of septic tanks, dug-well privy, or sanitary latrines or other methods of hygienic disposal of night-soil.

In every house in any sewered area where a septic tank, dugwell privy, sanitary latrine, or any other method of hygienic disposal of night-soil is ot feasible, the owner

of the house shall provide the service privy of the type approved by the Council.

The Madhya Pradesh* Municipalities Act, 1961

*छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."।

Common privies.- A Council may permit the construction of common privies, urinals and drains for any group of houses or huts in such manner as may be prescribed by bye-laws.

(1) No person shall construct a drain, privy, latrine, urinal, cesspool, or other receptacles within fifty feet of any source of water supply, except with the permission of the Council and on such conditions as may be prescribed by the Council. (2) The Council may, by notice, require any owner or occupier on whose land any drain, privy, latrine, urinal, cesspool or other receptacle for filth or refuse for the time being exists within fifty feet of any spring, well, tank, reservoir or other source from which water is or may be derived for public use, to remove or close then same within one week from the service of the notice. 5. Powers in respect of water supply

1. (2) The Council may, by notice, require any owner or occupier on whose land any drain, privy, latrine, urinal, cesspool or other receptacle for filth or refuse for the time being exists within fifty feet of any spring, well, tank, reservoir or other source from which water is or may be derived for public use, to remove or close then same within one week from the service of the notice. 5. Powers in respect of water supply

For the purpose of obtaining a supply or an additional supply of water or of distributing the same, the Council shall have the same powers and be subject to the same restrictions for carrying, renewing, repairing and altering water-mains, pipes and ducts within or without the Municipal area as it has and is subject to under the provisions hereinforce contained for carrying, renewing and repairing drain within the Municipal area.

(1) The Council may, at any time, by written notice, require the owner or any person who has the control over any well, stream, channel, tank or other sources of water supply, whether such sources are private property or not within a reasonable time to be specified in the notice, or in any case falling under clause (d) within 24 hours of such notice-

1. (a) to keep and maintain any such source of water supply other than a stream, in good repair; or
2. (b) to cleanse any such source of water supply from silt, refuse and decaying vegetation; or
3. (c) to protect any such source of water supply from pollution by surface drainage in such manner as the Council may direct; or
4. (d) to repair, protect or enclose in such manner as the Council may approve, any such source of water supply other than stream in its natural flow, if for want of sufficient repair, protection or enclosure, such source of water supply is in the opinion of the Council dangerous to health or safety of the public or any person having occasion to use or to pass or approach the same; or
5. (e) to desist from using and from permitting others to use for drinking purposes any such source

of water supply, other than stream in its natural flow, which is proved to the satisfaction of the

Council to be unfit for drinking ; or

1. (f) if, notwithstanding any such notice under clause (e) such use continues and cannot in the opinion of the Council be otherwise prevented, to close either temporarily or permanently or fill up or enclose or fence in such manner as the Council considers sufficient to prevent such use of such source of water supply as aforesaid; or
2. (g) to drain off or otherwise remove from any source of water-supply, or from any land or premises or receptacle or reservoir attached or adjacent there to, any stagnant water which the Council considers injurious to health or offensive to the neighbourhood.

1. (2) If the owner or person having control as aforesaid fails or neglects to comply with any such requisition, within the time specified by or under the provisions of sub-section (1), the Council

The Madhya Pradesh* Municipalities Act, 1961

*छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."।

may, and if in its opinion immediate action is necessary to protect the health or safety of any person, shall at once proceed to execute the work required by such notice ; and all the expenses incurred therein by the Council shall be recoverable in the same manner as an amount claimed on account of any tax recoverable under Chapter VIII: Provided that in the case of any well or private stream or any private channel, tank or other source of water-supply, the water of which is used by the public or by any section of the public as of right, the expenses incurred by the Council or necessarily incurred by such owner or person having such control may be paid from the Municipal fund.

6. Powers for promotion of public health, safety and convenience

(1) Where any building or anything affixed thereon or any tree standing within the premises is deemed by the Council to be in a ruinous state or likely to fallen or in any other way dangerous to any inhabitant of such building or of any neighbouring building or to ahy occupier thereof or to passers by, the Council shall immediately, if it appears to it to be necessary, cause proper hoard or fence to be put up for the protection of passers by: Provide3d that if the danger be not of hourly imminence, the Council may, instead of causing a hoard or fence to be put up, issue in the first instance, notice in writing to the owner or occupier failing to put up, within two days from the service of such notice, a hoard or fence, which the Council considers sufficient in the circumstances of the case, the Council shall at once cause such hoard or fance to be put up.

1. (2) The Council shall also cause notice, in writing to be given to the owner or occupier requiring such owner or occupier forthwith to take down, secure or repair such building or thingss affixed thereon, or to remove suchn tree as the case shall require; and if such owner or occupier does not begin to repair, take down or secure such building or thing or to remove such tree within three days after the service of such notice, and complete such work with due diligence, the Council shall cause all or so much of such building or thing as it shall think necessary, to be taken down repaired or secured or removed, as the case may be.
2. (3) In case of imminent danger the Council shall have power without giving notice to demolish such portion of the building or structure as is likely to endanger the life or property of the inhabitants of such or of any neighbouring building or the life of the passers by.
3. (4) All expenses incurred by the Council under this section shall be paid by the owner or occupier of such building and shall be recoverable in the same manner as an amount claimed on account of any tax recoverable under Chapter VII.

(1) Whoever displaces, takes up, or makes any alteration in the pavement, gutter, flags of other materials or any public street or the fences, walls posts, Municipal lamps, lamp posts, brackets, water-posts, hydrants or other Municipal property, therein, without the written consent of the Council or other lawful authority, shall be punished with fine which may extend to one hundred rupees.

1. (2) Any person who, having displaced, taken up or made alteration in any such pavement, gutter, flags or other materials or in such fences, walls, posts, Municipal lamps, lamp posts, brackets, water-posts, hydrants or other Municipal property, shall fail to replace or restore the same to the satisfaction of Council after notice to do so, shall be punished with fine which may extend to fifty rupees and shall pay any expense which may be incurred in replacing or restoring the same;

The Madhya Pradesh* Municipalities Act, 1961

*छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."।

and such expenses shall be recoverable in the same manner as an amount claimed on account of any tax recoverable under Chapter VIII.

(1) No person shall, except with the written permission of the Chief Municipal Officer granted in this behalf and in accordance with such conditions including the payment of rent or fee, as he may impose either generally or specially in this behalf-

1. (a) erect or set up any wall, fence, rail post, step booth or other structure whether fixed or movable or whether of a permanent or temporary nature, or any fixture in or upon any street so as to form an obstruction to, or an encroachment upon, or a projection over or to occupy any portion of such street channel, drain, well or tank;
2. (b) deposit upon any street or upon any open channe, drain or well in any street upon any public place, any stall, chair bench, box lader bale or other things whatsoever, so as to form an obstruction thereto or encroachment thereon.

1. (2) Whoever contravenes any provision of sub-section (1) shall be punished with imprisonment for a term which may extend to six months or with fine which may extend to five thousand rupees or with both and with further fine which may extend to one hundred rupees for every day on which such contravention continues after the date of first conviction for such offence.
2. (3) Without prejudice to the action under sub-section (2) the Chief Municipal Officer notwithstanding anything contained in this Act, may after giving such notice as may be prescribed, cause to be removed any obstruction or encroachment as described in clause (a) and
   • (b) of sub-section (1).
3. (4) Any of the things caused to be removed by the Chief Municipal Officer under sub-section
4. (3) shall, unless the owner thereof turns up to take back such things and pays to the Chief Municipal Officer the charges for the removal and storage of such things, be disposed of by the Chief Municipal Officer by public auction orn in such other manner and within such time as the Chief Municipal Officer thinks fit.
5. (5) The Police Officer shall not investigate into the offence under this section except on a report made in writing in this behalf by the Chief Municipal Officer.

(1) A person intending to construct or take down any building or to alter or repair any building externally shall if the position or circumstances of the work is or are likely to cause or may cause obstruction, danger or inconvenience in any street, before being such work- (a) obtain the permission from the Council; and (b) cause sufficient boards or fences to be put up in order to separate the area where the work is to be carried on from the street and shall maintain such hoard or fence standing and in good condition to the satisfaction of the Council during such time as the Council considers necessary for the public safety or convenience and shall cause the same to be sufficiently lighted during the night and shall remove the same when directed by the Council. (2) Whoever contravenes any of the provisions of this section shall be punished with fine which may extend to fifty rupees, and with further fine which may extended to ten rupees for every day, on which such contravention continues, after the date of such conviction for such offence.

1. (a) obtain the permission from the Council; and
2. (b) cause sufficient boards or fences to be put up in order to separate the area where the work is to be carried on from the street and shall maintain such hoard or fence standing and in good condition to the satisfaction of the Council during such time as the Council considers necessary for the public safety or convenience and shall cause the same to be sufficiently lighted during the night and shall remove the same when directed by the Council.

1. (2) Whoever contravenes any of the provisions of this section shall be punished with fine which may extend to fifty rupees, and with further fine which may extended to ten rupees for every day, on which such contravention continues, after the date of such conviction for such offence.

(1) The Council shall, during the construction or repair of any of the streets, sewers drains or other premises vested in the Council, take proper precaution, for guarding against accident by shoring up and protecting the adjoining building, and shall cause such bars, chains or posts as it shall think fit, to be fixed across or in any street to The Madhya Pradesh* Municipalities Act, 1961 *छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."। prevent the passage of carriages, carts or other vehicle, or of cattle or horses when such construction or repair is being carried on and shall cause any such construction or repair work in a street to be sufficiently lighted and guarded during the night. (2) Whoever takes down, alters or removes any of the said bars, chains or posts or removes or extinguishes any such light without the authority or consent of the Council shall be punished with fine which may extend to fifty rupees.

The Madhya Pradesh* Municipalities Act, 1961

*छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."।

prevent the passage of carriages, carts or other vehicle, or of cattle or horses when such construction or repair is being carried on and shall cause any such construction or repair work in a street to be sufficiently lighted and guarded during the night.

1. (2) Whoever takes down, alters or removes any of the said bars, chains or posts or removes or extinguishes any such light without the authority or consent of the Council shall be punished with fine which may extend to fifty rupees.

(1) No person shall, without the written permission of the Council or otherwise than in accordance with the conditions of such permission, make a hole in any street or deposit on any street any timber, stone, brick, earth or other material that has been or intended to be used for building. Such permission shall be terminable at the discretion of the Council, and when such permission is granted to any person, he shall, at his own expense, cause such material or such hole to be sufficiently fenced and enclosed to the satisfaction of the Council until the materials are removed, or the hole is filled up or otherwise made secure, and shall cause such material or hold to be sufficiently lighted during the night. (2) Whoever contravenes any of the provisions of sub-section (1) shall be punished with fine which may extend to twenty-five rupees, and with further fine which may extend to ten rupees for every day on which such contravention continues after the date of the conviction for such offence.

1. (2) Whoever contravenes any of the provisions of sub-section (1) shall be punished with fine which may extend to twenty-five rupees, and with further fine which may extend to ten rupees for every day on which such contravention continues after the date of the conviction for such offence.

1. (1) If, in the opinion of the Council, the working of any quarry or the removal of stone, earth or

other material from the soil in any place is dangerous to person residing in or having a right of

access to the neighborhood thereof, creates or is likely to create a nuisance, the Council may by written notice, require the owner of the said quarry or place or the person responsible for such working or the removing of such material not to continue or permit the working of such quarry or to make such order with such quarry or place as the Council shall direct for the purpose of preventing the danger or of abating the nuisance arising or likely to arise therefrom: Provided that is such quarry or place is vested in the State Government or if such working, thereof or removal therefrom, as aforesaid, is being carried on by or on behalf of the State Government or any person acting with the permission or under the authority of the State Government or of any servant or the Government acting as such, the Council shall not take such action, unless and until the Collector has consented to its doing:

Provided further that the Council shall immediately cause a proper hoard or fence to be put for

the protection of passengers near such quarry or place, if it appears to it to be necessary, in order to prevent imminent danger.

1. (2) Any expense incurred by the Council in taking action under this section shall be paid by such owners or the person responsible for such working or removal, and shall be recoverable in the same manner as an amount of any tax recoverable under Chapter VIII.

Whoever, with the permission of the Council lops or cuts the branches or twigs of any tree or plant standing on a public place or plucks the fruits, flowers or leaves of such tree or plant or causes any damage thereto, shall be punishable with fine which may extend to [one thousand rupees] or in the case of second or subsequent breach, to [two thousand rupees].

The Madhya Pradesh* Municipalities Act, 1961

*छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."।

(1) If, for any reason, it shall appear to the Council that any building or any room in a building intended for or used as a dwelling is unfit for human habitation, the Council shall given to the owner or occupier of such building notice, in writing, stating such reasons, and signifying its intention to prohibit the further use of the building or room, as the case may be, as a dwelling, and shall in such notice call upon the owner or occupier aforesaid to state, in writing, any objection thereto within 30 days after the receipt of such notice and if no objection is raised by such owner or occupier within such period as aforesaid, or if any objection which is raised by such owner or occupier within such period appears to the Council invalid or insufficient, the Council may, by order in writing prohibit the further use of such building or room as a dwelling. (2) When any such objection as aforesaid has been made, the Council shall cause notice of such prohibition to be affixed to, and then leters ‘U.H.H.’ to be painted on the door or some conspicuous part of such building or room, as then case may be, and the owner or occupier of such building or room shall use or suffer the same to be used for human habitation until the

1. (2) When any such objection as aforesaid has been made, the Council shall cause notice of such prohibition to be affixed to, and then leters ‘U.H.H.’ to be painted on the door or some conspicuous part of such building or room, as then case may be, and the owner or occupier of such building or room shall use or suffer the same to be used for human habitation until the

Power to enter and inspect etc., buildings.-It shall be lawful for the President, Vice- President, Chairman of President-in-Council Chief Municipal Officer or Councillor or any officer, authorized by the Council in this behalf, at any time between sunrise and sunset after due notice to enter into and inspect all buildings and lands, and by written notice to direct for sanitary reasons all or any part thereof to be forthwith internally and externally lime-washed or otherwise cleansed.

(1) If the State Government is of opinion that risk of disease has arisen either to any occupier in, or to any habitant in the neighbourhood of any area by reason of the following defects, namely:-

1. (a) themanner in which either buidings or blocks of buildings already existing or projected therein, are, or are likely to become, crowded together; or
2. (b) the impracticability of cleaning any such building or blocks or buildings, already existing or projected; or
3. (c) the want of drainage or scavenging, or the difficulty of arranging therein for the drainage or scavengingnor any such buildings or blocks or areas as aforesaid; or
4. (d) the narrowness, closeness, bad arrangement or bad condition of the street or buildings or group buildings; it may, by notification, confer on the Council to which such area is subject all or any of the powers specified in sub-section (2) and may, if it deems necessary at any time make rules prescribing any limitations, restrictions, modifications conditions or regulations subject to which the Council shall exercise within that area, all powers so conferred, unless and until those powers are withdrawn by a subsequent notification of the State Government.

1. (2) The powers, all or any of which may be conferred on a Council under sub-section (1) are as follows:-
   • (a) power when any building or block already existing or in coursen of erection by reason of any defect specified in sub-section (1), has given or is in the opinion of the Council likely to give rise to such risk as aforesaid to require by a written notice, to be fixed upon some conspicuous part of such building or block and addressed, as the Council deems fit, either to the owners thereof or to

The Madhya Pradesh* Municipalities Act, 1961

*छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."।

the owners of the land on which such building of erection that the persons so addressed shall, within such reasonable time as shall be specified in the otice, either pull down or remove such building or block or execute such works or take such action in connection therewith as the Council deems necessary to prevent all such risk of disease;

1. (b) power to Council or any other agency authorized in writing by the Council to pull down to remove such building or block, or to execute such works or take such action as aforesaid, if the persons addressed in the said notice neglect so to do within the time specified therein;
2. (c) power, subject to right of appeal as herein after provided, to prohibit, by written notice addressed to the owners and occupiers of any site or space hereinafter described and by general notice published in the manner provided in sub-section (3) of Section 294, the erection of any building, or of any building exceeding such dimensions as may be specified in such notice-
   • (i) on the site of any building which has, in whole or in part, under the provisions of this section been pulled down; or
   • (ii) on any space not occupied by buildings whether such space is private property or not and whetherit is enclosed or not, if the Council considers that order to prevent such risk as aforesaid such site or space should not be built upon in whole or in part; and either to acquire such site or space or to prescribe such conditions as may be deemed necessary as to the use which the owner or occupier may make or permit to be made thereof:

Provided that in every case compensation, the amount of which shall in case of dispute, be

ascertained and determined in the manner provided in Section 303, shall be paid to any person whose rights are affected by such prohibition.

1. (3) When, in pursuance of any notice under sub-section (2) any building has been pulled down, the Council shall, unless such building has been erected contrary to any provision of this Act or of any bye-law in force thereunder, pay to such owner or occupier as may have sustained damage thereby, reasonable compensation, the amount of which shall, in case of dispute, be ascertained or determined in the manner provided in Section 303.
2. (4) The State Government may prescribe by rule a fine not exceeding five hundred rupees, for every breach, and a further fine not exceeding twenty rupees a day for every continuing breach, of any order made or conditions imposed by the Council in exercise of any powers conferred upon it under this section. 7. Powers in regard to nuisances

The Council shall, as far as possible arrange for detection, inspection, abatement and removal of nuisance.

On receipt of any information about the existence of a nuisance in any locality, the Council shall cause the matter to be investigated and if it appears to it that the nuisance is wholly or partly caused by any act or default of the owner, lessee or occupier of the premises or of any person or persons outside the premises, the Council may require the owner, lessee or occupier of the

premises or other person or persons responsible for causing the nuisance to take such measures

as may be specified in the notice, within the period specified therein.

The Madhya Pradesh* Municipalities Act, 1961

*छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."।

Every such owner, lessee or occupier of the premises or other person responsible for causing the nuisance shall forthwith comply with the directions of the notice, falling which the Council may,

without prejudice to any penalty to which he may be liable under this Act, take such action for

restraint, abatement and removal of the nuisance as may be considered necessary and realize the expenses incurred by the Council from the owner, occupier or the person or persons concerned in the manner provided in Chapter VIII.

demolition.-- If any house, building, shed or structure or any factory, workshop, workplace or any manufactory or place of trade is in such a condition that the nuisance cannot be abated or removed without

structural alteration, reconstruction or demolition of such house, building, shed or structure, the

Council may direct the owner, lessee or occupier to make the alteration or reconstruction in the manner specified in the direction or to demolish the house, building, shed or structure within the period penalty to which he may be liable under this Act, after giving due notice, the improvement or with permission of a Magistrate exercising not less than second class power, demolish the house, building, shed or structure and recover the expenses from the party

concerned in such manner as the Council may decide and no compensation shall be payable by

the Council for any such prohibition, improvement or demolition made by the Council.

(3) Whoever deposits, or causes or suffers any member of his family or household to deposit any dust, dirt, dung, ashes, garden, kitchen or stable refuse, or filth of any kind, or any animal matter , or any broken glass or earthen ware or other rubbish or any other thing that it is or may be nuisance in any street or in any arch under a street or in any drain beside a street or on any open space or on the blank of any river, water- course or nullah, except at such places, innsuch manner and itn such hours as shall be fixed by the Council, and whoever commits, or suffers any member of his family or household to commit nuisance in any such place as aforesaid shall be punished with fine which may extend to fifty rupees. (2) Whoever throws or puts or cause or sufferes any member of his family or household to throw or put any of the mattersn described in sub-section (1) except night soil or except with the permission of the Council any night soil, into any sewer, drain, culvert, tunnel, gutter or watercourse and whoever commits nuisance or suffers any member of his family or household to commit nuisance in any such sewer, drain, culvert, tunnel, gutter or watercourse, or in such close proximity there to as to pollute the same, shall be punished with fine which may extend to fifty rupees.

1. (2) Whoever throws or puts or cause or sufferes any member of his family or household to throw or put any of the mattersn described in sub-section (1) except night soil or except with the permission of the Council any night soil, into any sewer, drain, culvert, tunnel, gutter or watercourse and whoever commits nuisance or suffers any member of his family or household to commit nuisance in any such sewer, drain, culvert, tunnel, gutter or watercourse, or in such close proximity there to as to pollute the same, shall be punished with fine which may extend to fifty rupees.

The Council may, where it appears to it to be necessary for the prevention of danger to life or property by public notice, prohibit all persons from stacking or collecting grass, cotton, wood, timber or other inflammable materials or placing mats or thatched huts or lighting fires, in any place or within any limits specified in the notice.

The Madhya Pradesh* Municipalities Act, 1961

*छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."।

If, in the opinion of the Council, the cultivation of any description of crop, or the use of any kind of manure or the irrigation of land in any specified manner---

1. (a) in any place within the limits of the Municipality, is injurious or facilitates practices which are injurious to the health of persons dwelling in the neighbourhood; or
2. (b) in any place within or without the limits of the Municipality, is likely to contaminate the water-supply of the Municipality or otherwise render it unfit for drinking purposes, the State Government may, by notification, prohibit the cultivation of such crop, the use of such manure, or the method of irrigation so reported to be injurious, or impose such conditions with respect thereto as may prevent the injury: Provided that, if the act prohibited has been practiced in the ordinary course of husbandry at any time during the five years next proceeding the date of the prohibition, compensation shall be paid from the Municipal Fund to all persons interested therein for any damages caused to them by such prohibition.

other liquid or other matter which is or which is likely to become offensive, from any building or land under his control to run, drain, nor be thrown or put upon any street or open space, or to soak through external wall, or causes or allows, any offensive matter from any sewer or privy to run, drain or to be thrown into a surface drain in any street without the permission in writing of the Council or who fails to comply with any condition prescribed in such permission shall be punished with fine which may extend to twenty-five rupees.

Whoever, being the owner of any building or land, keeps or allows to be kept for more than twenty-four hours, or otherwise than in some proper receptacle, any dirt, dung, bones, ashes, night-soil, filth or noxious or offensive matter in or upon such building or land or suffers such receptacle to be in a filthy or noxious state, or neglects to employ proper means to remove the filth from and to cleanse and purify such receptacle or keeps or allows to be kept in or upon such building or land any animal in such a way as to cause nuisance, shall be punished with fine which may extend to fifty rupees and with further fine which may extend to five rupees for every day on which such offence is continued after the date of the first conviction for such offence.

which only it shall be lawful to remove any night soil or any other offensive matter.

1. (2) Whoever-
   • (a) when the Council has fixed such hours, and given public notice thereof by beat of drum removes, or causes to be removed along any street any such offensive matter at any time except within the hours so fixed; or
   • (b) at any time, whether such hours have been fixed by the Council or not-
     • (i) use for any such purpose any cart, carriage, receptacle or vessel not having a covering adequate for preventing the escape of the contents thereof, and of the stench therefrom; or
     • (ii) willfully or negligently slops or spills any such offensive matters in the removal thereof; or
     • (iii) does not carefully sweep and clean every place in which any offensive matter has been slopped or spilled; or
     • (iv) places or sets down in any public place any vessel containing any such offensive matter; or

The Madhya Pradesh* Municipalities Act, 1961

*छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."।

1. (v) drives or takes or causes to be driven or taken any cart, carriage, receptacle or vessel used for any such purpose as aforesaid, through any street or by any route other than such as shall, from time to time, be appointed for that purpose by the Council by public notice; shall be punishable with fine which may extend to twenty five rupees. 242. (1) Filthy building, etc.-- Whoever, being the owner or the occupier of any building or land, whether tenantable or otherwise, suffers the same to be in a filthy or unwholesome state, or in the opinion of the Council, a nuisance to persons residing in the neighbourhood, or over-grown with prickly-pear or rank and noisome vegetation and who shall not, within a reasonable time after notice, in writing, by the Council to cleanse, clear or otherwise to put such building or land in a proper state, have complied with the requisition contained in such notice, shall be punished with fine which may extend to twenty-five rupees, and with further fine which may extend to five rupees for every day on which the failure to comply with the said notice is continued after the date of the first conviction for such offence.

1. (2) Deserted and offensive buildings.-- Where any building, by reason of dilapidation, neglect, abandonment, disuse or disputed ownership, or of being vacant has--
   • (a) become a resort of idle and disorderly person or of persons who have no ostensible means of subsistence or who cannot give satisfactory account of themselves;
   • (b) come into use for any unsanitary or immoral purpose; or
   • (c) been affording a shelter to snakes, rate or other dangerous or offensive animals, and is therefore open to objection that it is a nuisance, or so unwholesome or unsightly as to be source of discomfort, inconvenience, or annoyance to the neighbourhood or to persons passing by such building, the Council, if it considers that such objection cannot under any other provision of this Act be otherwise removed, may, if there is any person known or resident within the Municipality who claims to be a owner of such building, by written notice directed to such person, require such person, or in any other case by written notice, fixed on the door or any other conspicuous part of the building, require all persons claiming to be interested in such building, within a period which shall be specified in the notice and shall not be less than seven days from the date of such notice, to cause such building to be taken down and the materials thereof to be removed. In the event of non-compliance with such requirements, the Council may, on the expiration of the period specified as aforesaid, forthwith cause the building to be taken down and the materials to be removed and may sell such materials and apply the proceeds to defray any expenses incurred by it in so doing. All such expenses not thereby defrayed shall be recoverable in the same manner as an amount claimed on account of any tax recoverable under Chapter VIII.
2. (3) If, in the opinion of the Council, the land or building under question requires to be enclosed, it may, for getting the enclosure put up, give notice to the procedure laid down in sub-section (2). In the event of non-compliance with such requirement, the Council may, on the expiration of the period specified, get the enclosure put up and recover the cost from the person concerned in the manner prescribed in Chapter VIII.

Whoever, being the owner or the occupier of any building or land, whether tenantable or otherwise, suffers the same to be in a filthy or unwholesome state, or in the opinion of the Council, a nuisance to persons residing in the neighbourhood, or over-grown with prickly-pear or rank and noisome vegetation and who shall not, within a reasonable time after notice, in writing, by the Council to cleanse, clear or otherwise to put such building or land in a proper state, have complied with the requisition contained in such notice, shall be punished with fine which may extend to twenty-five rupees, and with further fine which may extend to five rupees for every day on which the failure to comply with the said notice is continued after the date of the first conviction for such offence.

1. (2) Deserted and offensive buildings.-- Where any building, by reason of dilapidation, neglect, abandonment, disuse or disputed ownership, or of being vacant has--
   • (a) become a resort of idle and disorderly person or of persons who have no ostensible means of subsistence or who cannot give satisfactory account of themselves;
   • (b) come into use for any unsanitary or immoral purpose; or
   • (c) been affording a shelter to snakes, rate or other dangerous or offensive animals, and is therefore open to objection that it is a nuisance, or so unwholesome or unsightly as to be source of discomfort, inconvenience, or annoyance to the neighbourhood or to persons passing by such building, the Council, if it considers that such objection cannot under any other provision of this Act be otherwise removed, may, if there is any person known or resident within the Municipality who claims to be a owner of such building, by written notice directed to such person, require such person, or in any other case by written notice, fixed on the door or any other conspicuous part of the building, require all persons claiming to be interested in such building, within a period which shall be specified in the notice and shall not be less than seven days from the date of such notice, to cause such building to be taken down and the materials thereof to be removed. In the event of non-compliance with such requirements, the Council may, on the expiration of the period specified as aforesaid, forthwith cause the building to be taken down and the materials to be removed and may sell such materials and apply the proceeds to defray any expenses incurred by it in so doing. All such expenses not thereby defrayed shall be recoverable in the same manner as an amount claimed on account of any tax recoverable under Chapter VIII.
2. (3) If, in the opinion of the Council, the land or building under question requires to be enclosed, it may, for getting the enclosure put up, give notice to the procedure laid down in sub-section (2). In the event of non-compliance with such requirement, the Council may, on the expiration of the period specified, get the enclosure put up and recover the cost from the person concerned in the manner prescribed in Chapter VIII.

A Council shall cause public dust-bin or other convenient receptacles to be provided at suitable intervals and in proper and convenient places and shall direct by public notice, that all sweepings in any house or premises, and all rubbish,

The Madhya Pradesh* Municipalities Act, 1961

*छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."।

garbage or offensive matter accumulating therein, shall be collected by the occupier of the house or premises and deposited in such public dustbin.

Every Council shall make arrangements for daily sweeping of the public streets under its control and for removing the rubbish, dirt and other matter from such street and from the public dust-bins and other receptacles, and for cleansing and flushing of then roadside drains.

The Council may arrange for controlled tipping or dumping of refuse and offensive matter in low lands without causing any nuisance or injury to health of the people of the locality or in lands away from the inhabited areas or may arrange for their satisfactory disposal by incineration or by composting on scientific lines.

Whoever, expect with the written permission of the Council, and in accordance with the conditions of such permissions, stores or uses night-soil or other manure or substance emitting offensive smell shall be punished with fine which may extend to twenty-five rupees.

1. (1) A Council may provide and maintain public bathing places or swimming pools with sheds, booths and other convenience and may permit any person, club or association to provide and maintain such bathing places and swimming pools open to general public or to members only of the clubs or associations.
2. (2) All public bathing places expect those maintained by the Council shall be licensed by the

Council and every such licence shall be renewable every year, but may be revoked or cancelled

by the Council if in its opinion the management of any public bathing place is not satisfactory from the hygienic point of view.

1. (3) The Council may fix the use of the sheds, booths and other conveniences provided by the Council at any bathing place.
2. (4) The Council may order the closure of any bathing place under its control or licensed by it which, in the opinion of the Council, is unsafe for use or is likely to endanger the life or health of the bathers or people generally.

1. (1) The Council may set apart sufficient public places, not being private property for the purpose of being used as bathing places, and may also provide or set apart a sufficient number of tanks or runs of water for the inhabitants to bath in, and may also set apart tanks or reservoirs or runs of water for washing animals or clothes, and for all purposes connected with the health, cleanliness and comfort of the inhabitants and may prohibit the use of any purpose mentioned in this section of any or all other public places within the Municipality.
2. (2) Copies of all orders passed and notice issued by the Council and for the time being in force under this section shall be kept at the Municipal office and shall be open to inspection by the public at all reasonable times.

1. (1) The Council may, by public notice, prohibit the washing of clothes by washermen in the exercise of their calling, expect at such places as it shall appoint for this purpose and when any

The Madhya Pradesh* Municipalities Act, 1961

*छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."।

such prohibition has been made, no person who is, by calling, a wahsermen shall wash clothes at any place not appointed for this purpose by the Council, expect for such person himself or for the owner or occupier of such place.

1. (2) The Council may provide suitable places for the exercise by washermen of their calling, and may require payment of such fees for the use of any such place as shall from time to time determined by it.
2. (3) The Council shall, before issuing any public notice under sub-section (1), publish in such manner as shall in its opinion be sufficient for the information of persons likely to be affected thereby a list of washing places proposed to be provided under sub-section (2), together with a notice specifying a date on or after which the list shall be taken into consideration; and shall before finally fixing the said places, receive and consider any objection or suggestion in respect thereto which may be made, in writing, by any person before the date so specified.

Whoever, in disobedience of any order of the Council, under Section 248 or of any bye-laws, baths in any stream, pool, tank, reservoir, well, cistern, conduit or aqueduct belonging to the

Council or washes, causes to be washed therein, any animal or anything whatsoever, or throws,

puts or casts or causes to enter therein any animal or anything cause or suffers to run, drain, or be brought there into anything that is, or may become, a nuisance, does anything, whatsoever, whereby any water therein shall be in any degree fouled or polluted, and whoever, without permission of the Municipality any animal, vegetable or mineral matter likely to render the water of such tank, stream, or ditch offensive or a nuisance, shall be punished with fine which may extend to fifty rupees.

1. (1) If in the opinion of the Council :-
   • (a) any pool, ditch, quarry, hole, excavation, tank, well, pond, drain, watercourse, or any collection of water; or
   • (b) any cistern or other receptacle for water whether within or outside the building; or
   • (c) any land on which water accumulates and which is situated within a distance of 100 yards from any building used as a dwelling house, is or is likely to become a breeding place of mosquitoes or in any other respect a nuisance or otherwise injurious to the health of the inhabitants, the Council may, by notice in writing, require the owner thereof to fill up, cover or drain up the same in such manner and with such materials as the Council shall prescribe, or to take such measures for removing or abating the nuisance as the Council shall prescribe.
2. (2) (a) No new well, tank, pond, cistern, or fountain shall be dug or constructed without the previous permission, in writing, of the Council.
   • (b) If any such work is begun or completed without such permission, the Council may either--
     • (i) by written notice require the owner or other person who has done such work to fill up or demolish such work in such manner as the Council may direct; or
     • (ii) grant written permission to retain such work but such permission shall not exempt such owner from proceedings for contravening the provisions of clause (a) of this sub-section.

The Madhya Pradesh* Municipalities Act, 1961

*छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."।

1. (1) The Council may, by public notice require that every dog while in the streets and not being led by some person shall be muzzled in such a way as to allow the dogs freely to breath and to drink, while actually preventing it from biting. (2). Subject to the provisions of sub-section (3), the Council may take possession of any dog

found wandering unmuzzled in any public place and may either detain such dog until its owner

has claimed it, has provided a proper muzzle for it, and has paid all the expenses of its detention or cause it to be destroyed.

1. (3) When a dog which has been detained under the last proceeding sub-section is wearing a collar with owner's name and address thereon, such dog shall not be destroyed until a letter stating the fact that it has been so detained has been sent to said address and the dog has remained unclaimed for three clear days provided that any dog which is found to be rabid may be destroyed at the time.
2. (4) Any unclaimed dog and a dog, the owner of which refuses to pay all the expenses of its detention, may be sold or destroyed, after having detained for the said period of thee clear days.
3. (4) All expenses incurred by the Council under this section may be recovered, from the owner of any dog which has been taken possession of or detained, in the manner provided by Chapter

Provisions as to keeping of pigs.--

1. (1) If it shall appear to the Council, at any time that nuisance or annoyance is caused to the public by the keeping of pigs within the limits of the Municipal area the Council may direct by public notice that no person shall, without the written permission of the Council or otherwise than in conformity with the terms of such permission keep any pigs in any part of the Municipal area.
2. (2) Whoever shall, after such direction, keep any pigs in any place within the Municipal area without the permission required as aforesaid, or otherwise than in accordance with the terms thereof. shall be punishable with fine which may extend to fifty rupees.
3. (3) Any pigs, found, straying, may be forthwith destroyed and the carcass thereof disposed as the Council shall direct, No claim shall lie for compensation for any pig so destroyed.

Whoever tethers cattle or other animals or causes or suffers them to be tethered by any member of his family or household, in any public street or place so as to obstruct or endanger the public traffic therein, or to cause nuisance, or whoever causes or suffers such animals to stray about without a keeper shall, on conviction, be punishable- (a) for a first offence, with fine which may extend to twenty five rupees; (b) for any subsequent offence, with fine which may extend to fifty rupees.

1. (a) for a first offence, with fine which may extend to twenty five rupees;
2. (b) for any subsequent offence, with fine which may extend to fifty rupees.

1. (1) It shall be lawful for the Council to direct by public notice that every furnace employed or to be employed in any works or building used for the purpose of any trade or manufacture whatsoever, within the limits of the Municipality whether a stream engine be or be not used or employed therein, shall in all cases be constructed, supplemented or altered so as to consume or burn, or reduce as far as may be practicable the smoke arising from such furnace.
2. (2) If any person shall, after such direction, use or permit to be used any such furnace not so constructed, supplemented or altered or shall so negligently use, or permit to be used, any such furnace that smoke, arising therefrom, shall not be effectually consumed or burnt as far as may

The Madhya Pradesh* Municipalities Act, 1961

*छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."।

be practicable, such person, being the owner or occupier of the said works or buildings or an agent or other person employed by such owner or occupier for managing the same, shall be punished with fine which may extend to fifty rupees and upon such subsequent conviction to five hundred rupees:

Feeding animals on filth.-- Whoever feeds any animal which is kept for dairy purposes or is intended for human food, on excrementitious matter, stale, refuse, filth or other offensive matter, or permits such animals to feed or be fed on such matter shall be punishable with fine which may extend to fifty rupees.

Whoever files kites, or discharges fire-arms or lets fireworks for fire-baloons or engages in any

game in such a manner as to cause or likely to cause danger or annoyance to persons passing by or dwelling or working in the neighbourhood or risk of injury to property, shall be punishable with fine which may extend to twenty five rupees.

Whoever spits in any place other than a drain or receptacle provided for the purpose by the Council shall be punishable with fine which may extend to twenty five rupees.

8. Markets

A Council may establish and maintain market at suitable place for the convenience of the people of the Municipal area and may permit, by issue of licences to private persons, to establish and maintain such markets. For this purpose the Council

may acquire, purchase or take on lease any land, building or structure for establishing a market

or may take over an existing market from the owner thereof on payment of such compensation as may be determined under the provisions of this Act.

Municipal market shall be used for the sale of animals, meat, fish, fruits, vegetable or such other articles as the Council may, with the prior sanction of the prescribed authority, specify in this

behalf except under and in accordance with the conditions of a licence from the Council which

may, at its discretion from time to time, grant, suspend, withhold or withdraw such licences either generally or in individual cases.

1. (2) Whoever uses or permits the use of any place contrary to such direction or without the licence required as aforesaid, or in contravention of any of the conditions or during the suspension or after the withdrawal of such licence, shall be punished with fine which may extend to fifty rupees.
2. (3) Upon a conviction being obtained inn respect of any place under sub-section (2), the

Magistrate shall, on the application of the Chief Municipal Officer or any officer authorized by

him but not otherwise, order such place to be closed, and thereupon appoint persons or take other steps to prevent such place being so used; and every persons or take other steps to prevent such

The Madhya Pradesh* Municipalities Act, 1961

*छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."।

place after it has been so ordered to be closed shall be punished with fine which may extend to five rupees for each day during which he continues so to use, or permits such use of the place after it has been so ordered to be closed.

Every market shall be provided with sufficient water supply, drainage, sanitary latrines and urinals; and stalls for sale of meat, fish, fruits or vegetables and shall be on raised plinth with, as far as practicable, such impervious floor as may be specified by the Council. An owner of a private market who does not comply with the aforesaid provisions as regards the plinth or floor of stalls shall be liable to have his licence cancelled in addition to any penalty to which he may be liable under this Act.

The Council may, from time to time , open or close any market or slaughter house. It may also either take stallage or other rent fees for the use by any person of any such market or slaughter house or from time to time sell, by public auction or otherwise, the privilege of occupying any stall or space in or of otherewise, using any such markets or slaughter-house. (2) Whoever, without the permission of the Council, sells or exposes for sale any article in the said market or uses the said slaughter-house, shall be punished with fine which may extend to twenty five rupees. (3) It shall be lawful for the Council to lease by public auction or private contract the collection of any rent of fees which may be imposed under this section or Sections 264:

1. (2) Whoever, without the permission of the Council, sells or exposes for sale any article in the said market or uses the said slaughter-house, shall be punished with fine which may extend to twenty five rupees.
2. (3) It shall be lawful for the Council to lease by public auction or private contract the collection of any rent of fees which may be imposed under this section or Sections 264:

Power to remove persons from Municipal markets.- If any officer specially empowered in this behalf by the Council is satisfied that any person occupying any stall or space in any Municipal Market is in unauthorized occupation of the stall or space or continues to occupy the stall or space after authority to occupy has ceased, he may, with the previous sanction of the Council, require such person to vacate the stall or space within such time as may be mentioned in the requisition and such person may, in addition to any penalty to which he may be liable under this Act, be summarily removed from the stall or space.

State Government, shall fix places, with the approval of the State Government either within or without the limits of the Municipality, for the slaughter of animals or of any specified description of animals, for sale and may with the like approval grant and withdraw licences for the use of such premises, or if they belong to the Council may charge rent or fees for the use of the same.

1. (2) When such places have been fixed by the Council beyond Municipal limits it shall have the same power to make bye-laws for the inspection and proper regulation of the same as if they were within those limits.
2. (3) When any such premises have been fixed no person shall slaughter any such animal for sale within the Municipal area at any other place.
3. (4) Any person who slaughter for sale any animal at any place within the Municipal area other than the one fixed by the Council under this section shall be punishable with fine which may extend to fifty rupees.
4. (5) Nothing in this section shall apply to the killing of cattle or animals as part of religious offerings.

The Madhya Pradesh* Municipalities Act, 1961

*छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."।

The Council may with previous sanction of the Collector and by notification published in accordance with rules, made under this Act, fix premises within the limits of the Municipality in which the slaughter of animals of the any particular kind not for sale shall be permitted, and prohibit, except in case of necessity, such slaughter elsewhere within those limits:

Inspection before and after slaughter.- A Municipality shall arrange for inspection of the animals by a Veterinary Surgeon or a competent person before the animal is liked and may also arrange for inspection of the meat and organs for the purpose of certification, as may be prescribed by bye-laws, of the meat for use as food.

No person shall carry on the profession of a butcher expect under a licence from the Council. 9. Control of food stuffs

9. Control of food stuffs

(1) No person shall sell or offer or expose for sale at any place within the Municipality- (i) any animal or any meat or fish intended for human food; or (ii) any milk or dairy product, sweetmeet, fruits, vegetables, betels (ready for chewing) ice, ince- cream, aerated waters, syrups or soft drink, fruit juice or neera, confectionary and prepared food or drink of any kind; except under and in accordance with the conditions of a licence granted by the Council. (2) No sale of any such articles shall be permitted at any place near any stable, public latrine, drain or manhole. (3) The provisions of sub section (2) shall apply to sale of any such article from any house, shop or stall (movable or otherwise) and to sale on roads and roadside. (4) The Council may, as its direction from time to time, grant, suspend withhold or withdraw such licences, either generally or in individual cases. (5) Whoever uses or permits the use of any place without the licence required as aforesaid, or in contravention of any of the conditions or during the suspension or after the withdrawal of such licences, shall be punishable with fine which may extend to fifty rupees. (6) Upon a conviction being obtained in respect of any place under sub-section (5) the Magistrate shall on the application of the Chief Municipal Officer or any officer authorized by him but not otherwise order such place to be closed and thereupon appoint person or take other steps to prevent such place being so used; and every person who so uses or permits the use of a place after it has been so ordered to be closed, shall be punishable with fine which may extend to five rupees for each day during which he continues so to use, or permits such use of, the place after it has been so ordered to be closed.

1. (i) any animal or any meat or fish intended for human food; or
2. (ii) any milk or dairy product, sweetmeet, fruits, vegetables, betels (ready for chewing) ice, ince- cream, aerated waters, syrups or soft drink, fruit juice or neera, confectionary and prepared food or drink of any kind; except under and in accordance with the conditions of a licence granted by the Council.

1. (2) No sale of any such articles shall be permitted at any place near any stable, public latrine, drain or manhole.
2. (3) The provisions of sub section (2) shall apply to sale of any such article from any house, shop or stall (movable or otherwise) and to sale on roads and roadside.
3. (4) The Council may, as its direction from time to time, grant, suspend withhold or withdraw such licences, either generally or in individual cases.
4. (5) Whoever uses or permits the use of any place without the licence required as aforesaid, or in contravention of any of the conditions or during the suspension or after the withdrawal of such licences, shall be punishable with fine which may extend to fifty rupees.
5. (6) Upon a conviction being obtained in respect of any place under sub-section (5) the Magistrate shall on the application of the Chief Municipal Officer or any officer authorized by him but not otherwise order such place to be closed and thereupon appoint person or take other steps to prevent such place being so used; and every person who so uses or permits the use of a

place after it has been so ordered to be closed, shall be punishable with fine which may extend

to five rupees for each day during which he continues so to use, or permits such use of, the place after it has been so ordered to be closed.

(1) The President Chairman of the Presiden-in-Council, Chief Municipal Officer, Health Officer, Assistant Veterinary Surgeon of the Agriculture (Veterinary) Department of the Government or any Councillor or officer authorized by the Council in this behalf-

The Madhya Pradesh* Municipalities Act, 1961

*छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."।

1. (a) may, at all reasonable times, enter into any place for the purpose of inspecting and may inspect any animals, carcasses, meat, poultry, game, flesh, fruit, vegetable, corn, bread, flour, milk, ghee, butter or other articles intended for human consumption or drink or for medicine,

whether exposed or brought to any place for the purpose of sale of preparation for sale, or may

enter into and inspect any place used as a slaughter house, and may examine anything which may be therin; and

1. (b) in case any such animals, carcasses or other articles hereto before mentioned appears to be diseased or unsound or unwholesome or unfit for human consumption or drink or medicine or it is adulterated in such a manner as to lesson its efficiency or to change its operation may seize the same.

1. (2) Any aricle seized under sub-sectionn(1) which is perishable nature may, under the order of the President, Chief Municipal Officer or Municipal Health Officer, forthwith be destroyed. Every animal and every article which is not of perishable nature, if seized as aforesaid, shall be taken before a Magistrate.
2. (3) If it appears to the Magistrate, upon sufficient evidence, that any such animal or article is diseased or unsound or unfit for human consumption, drink or medicine or it is adulterated in such a manner as to lesson its efficacy or to change its operation the owner to person in whose possession it was found not being merely a bailee or carrier there of shall if in suchncase the provisions of Section 273 of the Indian Peal Code, 1860 (XLV of 1860) do ot apply, be punishable with fine which may extend to five hundred rupees and the Magistrate shall cause such animal or article to be destroyed or to be so disposed of as to prevent its being exposed for sale or used for human consumption or drink or medicine.

Court shal, unless and until the contrary is proved, presume that any article of food found in the possession of person who is in the habit of manufacturing, preparing, selling, storing, distributing or carrying on in transit like articles, has been manufactured, stored or carried for sale of distribution or carryingn on in transit like articles, has manufactured, stored or carried for sale of distribution or carrying on in transit like articles, has manufactured, stored or carried for sale of distribution for human consumption by such persons.

10. Milk supply, dairies and cattle- sheds

A Council may establish a model dairy with farm for production and supply of good milk and the State Government may lay down standard requirements for such establishment.

(1) No person shall for the purposes of trade use to permit to be used any place for stabling milk cattle or for storing or selling milk or for making, or selling butter except under and in accordance with the terms of a licence from the Council.

1. (2) The Council may grant such licence subject to such condition as it may deem fit and may at ny time withdraw such licence on giving one month’s notice to the licensee: Provided that where the licence has contravened any of the licence, the licence may be withdrawn without any such notice.
2. (3) Whoever so uses or permits to be used any place for any of the aforesaid purposes without or in contravention of any of the conditions of, or after the withdrawal of, or during the suspension of, such licence shall be punished with fine which may extend to fifty rupees and in

The Madhya Pradesh* Municipalities Act, 1961

*छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."।

the case of a continuing offence with additional fine which may extend to ten rupees for each day during which such offence is continued after the date of the conviction for the first such offence.

1. (4) Upon a conviction being obtained in respect of any place under sub-section (3), the Magistrate shall on the application of the Chief Municipal Officer or any other officer authorized

by him but not otherwise, order such place to be closed and thereupon, appoint persons or take

other steps to prevent such place being so used.

Any officer of the Council when so authorized by the Council shall have the power to inspect dairies and the milch cattle so as to ensure that proper sanitary arrangements are made- (a) for securing the purity of milk; (b) for the health of good condition of the milch cattle; (c) for cleanliness of milk vessels and used therein; and (d) for protection of milk against infection or contamination.

1. (a) for securing the purity of milk;
2. (b) for the health of good condition of the milch cattle;
3. (c) for cleanliness of milk vessels and used therein; and
4. (d) for protection of milk against infection or contamination.

Municipality any infectious disease amongst cattle, sheep or goats breaks out of if the introduction of any such disease appears to be likely, the Council shall take all such measures as

it deems necessary of the purpose of preventing meeting mitigating or suppressing then disease

or the outbreak or introduction thereof.

11. Registration of births, deaths and marriages

All births, deaths and marriages occurring within the Municipal area shall be registered in the manner prescribed by rules.

(1) It shall be the duty of the father or of the mother of every child born within the limits of any Municipality or in the case of death, absence or diability of the father or mother, the head of the family in which the child is born, or the occupier of the house or any person assisting at the time of birth of such child to give information within 8 days of such birth either in person or in writing to the Chief Municipal Officer with such particulars as are required for the registration of the birth of such child.

1. (2) It shall be the duty of the head of the family in which death has occurred or the occupier of the house of any neighbour to give information within 8 days of such death either in person or in

writing to the Chief Municipal Officer, with such particulars as are required for the registration

of the death.

Any Medical practitioner (which terms shall include any person practicing any system of medicine) or any midwife, nurse, Dai, or any person attending a case of birth or of death shall duly notify to the Chief Municipal Officer, the birth or death attended by him or her.

Penalty for neglect or refusal.-Any person who neglects or refuses to give any information which it is his duty to give under Section 276 or Section 277 shall be liable to punishment which may extend to fifty rupees.

The Madhya Pradesh* Municipalities Act, 1961

*छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."।

12. Park, playground and open spaces

(1). The Council may provide open place, park, playgrounds, commons, swimming tanks and amenities for the use and employment of the people and may frame bye-laws regulating their use. (2). The Council may reserve any such place for the exclusive use of women and children. (3).

Pasture lands.--

1. (1) The Council may likewise provide common pasture lands for the use of domestic cattle.
2. (2) Common pasture land may be let out at such fees as the Council may, from time to time, prescribe. No person shall graze his cattle on such common pasture land without permission from the Council and payment of such fees as may be fixed by the Council.
3. (3) In all common pasture lands there shall be adequate water supply for the cattle to drink and for washing of cattle.

The Council may prescribe the hours and restrictions for the use of any park, playground or common pasture land and may, at any time prohibit the use of any such place for any purpose other than games and recreation or close any such place.

13. Power to develop certain areas

Government may, either on its own motion or on the request of a Council in respect of any Municipality, and after making such inquiry as it deems necessary, notify, by a notice published in the official gazette any are or areas to be served from a date fixed therein, for use in the futuren for any special purpose of public utility such as public parks play-grounds, educational and medical or public health institutions markets, stands for vehicles and animals, public recreation centres and housing colonies.

1. (2) After such reservation has been notified-
   • (a) no construction shall take place on any area or areas so declared without the special permission of the State Government in this behalf; and
   • (b) if any construction, structure or building is sought to be transferred by the owner to another party, an option to purchase shall be first given to the State Government, and on its refusal to exercise the option, the owner may transfer the property.
2. (3) The State Government may cancel such notification at its discretion after consulting the Council.
3. (4) If any construction takes places on any area in contravention of sub-section (2) the Council may without prejudice to any other action that might be taken under this Act or rules framed thereunder or under any other law for the time being in force demolish such construction and recover the cost incurred in such demolition from the owner or occupier of the land, building or structure.

The Madhya Pradesh* Municipalities Act, 1961

*छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."।

14. Offensive or dangerous trades

(1) if it be shown to the satisfaction of the Council that any building or place used or intended by any person to be used- (a) for boiling or storing offal, blood, bone or rags; (b) for salting, curing and storing fish; (c) for storing hides, horns and skins; (d) for tanning; (e) for the manufacture of the leather or leather goods; (f) for dyeing; (g) for melting tallow or sulphur; (h) for washing or drying wool or hair; (i) as a brick’ pottery or lime-kiln; (j) for soap making; (k) for oil-boiling or oil-extracting; (l) as a distillery; (m) for storing hay,straw, fodder, wood, coal or other combustible material; (n) as a manufactory or place of business of any other kind from which offensive or unwholesome smell arise, or which may arise, or which may involve risk of fire; (o) as a manufactory of snuff; (p) for the manufacture or sale of sweetmeats; (q) as a factory, workshop or place of business in which animals are employed or intended to be employed for doing work of in which steam, water or any mechanical power is used or intended to be used; (r) as a hair dressing saloon or a barber’s shop or a Hammamkhana; is or is likely by reason of such use of, and of its situation to become a nuisance to the neighbourhood or is so used or is so situated as to be likely to be dangerous to life’ health or property, the Council may, by written notice, require the owner or the occupier- (i) at once to discontinue the use of or at once to desist from carrying out, or allowing to be carried out, the intention so to use, such building or place; or (ii) to use it in such manner, or after such structural alterations as the Council in such notice prescribe, so that it may not become, or may be no longer, a nuisance or dangerous. Explanation.- For the purpose of this section, nuisance shall include any contamination of the atmosphere where by a deposit of soot is caused or any mechanical noise. (2) Whoever, after notice has been given under sub-section (1), uses any building or place or permits it to be used in such a manner as to be a nuisance to the neighbourhood or dangerous to life, health or property, shall be punished with fine which may extend to two hundred rupees and with further fine which may extend to two hundred rupees amd with fine which may extend to forty rupees for every day on which such use or permission of use is continued after the date of first conviction. (3) Upon a conviction being obtained under this section the Magistrate shall on the application of the Chief Municipal Officer or any officer authorized by him but not otherwise, order such place to be closed and thereupon appoint persons or take other steps to prevent such place being used for any purpose mentioned in sub-section (1). (4) Whoever uses without a licence, or during the suspension or after the withsrawal of a licence, any place for any purpose mentioned in sub-section (1) in any Municipality in which bye-laws are for the time being in force prescribing the conditions on or subject to which, the The Madhya Pradesh* Municipalities Act, 1961 *छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."। circumstances in which, and the areas or locality in respect of which licence for such use may be granted, refused suspended or withdrawn, shall be punished with fine which may extend to fifty rupees and with further fine which may extend to ten rupees for every day on which such use is continued after the date of first conviction.

1. (a) for boiling or storing offal, blood, bone or rags;
2. (b) for salting, curing and storing fish;
3. (c) for storing hides, horns and skins;
4. (d) for tanning;
5. (e) for the manufacture of the leather or leather goods;
6. (f) for dyeing;
7. (g) for melting tallow or sulphur;
8. (h) for washing or drying wool or hair;
   • (i) as a brick’ pottery or lime-kiln;
9. (j) for soap making;
10. (k) for oil-boiling or oil-extracting;
11. (l) as a distillery;
12. (m) for storing hay,straw, fodder, wood, coal or other combustible material;
13. (n) as a manufactory or place of business of any other kind from which offensive or unwholesome smell arise, or which may arise, or which may involve risk of fire;
14. (o) as a manufactory of snuff;
15. (p) for the manufacture or sale of sweetmeats;
16. (q) as a factory, workshop or place of business in which animals are employed or intended to be employed for doing work of in which steam, water or any mechanical power is used or intended to be used;
17. (r) as a hair dressing saloon or a barber’s shop or a Hammamkhana; is or is likely by reason of such use of, and of its situation to become a nuisance to the neighbourhood or is so used or is so

situated as to be likely to be dangerous to life’ health or property, the Council may, by written

notice, require the owner or the occupier-

1. (i) at once to discontinue the use of or at once to desist from carrying out, or allowing to be carried out, the intention so to use, such building or place; or
2. (ii) to use it in such manner, or after such structural alterations as the Council in such notice prescribe, so that it may not become, or may be no longer, a nuisance or dangerous. Explanation.- For the purpose of this section, nuisance shall include any contamination of the atmosphere where by a deposit of soot is caused or any mechanical noise.

1. (2) Whoever, after notice has been given under sub-section (1), uses any building or place or permits it to be used in such a manner as to be a nuisance to the neighbourhood or dangerous to life, health or property, shall be punished with fine which may extend to two hundred rupees and with further fine which may extend to two hundred rupees amd with fine which may extend to forty rupees for every day on which such use or permission of use is continued after the date of first conviction.
2. (3) Upon a conviction being obtained under this section the Magistrate shall on the application of the Chief Municipal Officer or any officer authorized by him but not otherwise, order such place to be closed and thereupon appoint persons or take other steps to prevent such place being used for any purpose mentioned in sub-section (1).
3. (4) Whoever uses without a licence, or during the suspension or after the withsrawal of a licence, any place for any purpose mentioned in sub-section (1) in any Municipality in which bye-laws are for the time being in force prescribing the conditions on or subject to which, the

The Madhya Pradesh* Municipalities Act, 1961

*छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."।

circumstances in which, and the areas or locality in respect of which licence for such use may be granted, refused suspended or withdrawn, shall be punished with fine which may extend to fifty rupees and with further fine which may extend to ten rupees for every day on which such use is continued after the date of first conviction.

The owner, keeper or manager incharge of offensive or dangerous trade shall made adequate provision for sanitary conveniences in all premises and houses used for such trades and maintain them in good condition.

houses used for such trades and maintain them in good condition.

(1) No person shall use or employ in any Factory or any other place any whistle or trumpet operated by steam or by mechanical means for the purpose of summoning or dismissingn workmen or persons employed except under and in accordance with the condition of a licence from the Council.

1. (2) The Council may grant such licence subject to such condition as it may deem fit and may at any time withdraw such licence on giving one month’s notice to the licensee: Provided that where the licensee has contravened any of the conditions of the licence, the licence may be withdrawn without any such notice.
2. (3) Whoever uses or employs any such whistle or trumpet as aforesaid without or in contravention of any of the conditions or after the withdrawal of such licence, shall be punishable with fine with may extend to fifty rupees. 15. Powers in case of fire

(1) A Council may and if directed by the State Government shall establish and maintain a Fire-Brigade and provide any implements, machinery or means of communicating intelligence which it thinks necessary for prevention and exitenction of fire.

1. (2) It shall be the duty of all Police Officers and all Munciipal officers and servants to aid a Fire-

Power of Fire Brigade and other persons for suppression of fires.- (1) On the occasion of a fire, within the limits of the Municipality, any Magistrate, the President of the Council, Chief Municipal Officer, or any belonging to the Brigade then and there directing the operations of men belonging to the Brigade, and, if directed so o do by a Magistrate or the President of the Council, or Chief Municipal Officer, any Police Officer above the rank of Constable, may-

1. (a) remove or order the removal of any person who, by his presence, interferes or impedes the operations of extinguishing the firs or for saving life or property;
2. (b) clause any street or passage in or near which any fire is burning;
3. (c) for the purpose of extinguishing the fire break into or through or pull down or cause to be broken into or through or pulled down, or use or cause to be used for the passage of houses or other appliances, any premises;
4. (d) cause mains and pipes to be shut off so as to give greater pressure of water in or near then place where the fire has occurred;
5. (e) call on the person in charge of any fire engine to render such assistance as may be possible; and
6. (f) generally take such measure as may appear necessary for the preservation of life and property.

The Madhya Pradesh* Municipalities Act, 1961

*छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."।

1. (2) No person shall be liable to pay compensation for any act done by him in good faith under sub-section (1) but the State Government may direct that such compensation as it may decide to be reasonable shall be paid from the Municipal fund.
2. (3) Any damage done in the exercise of a power conferred or a duty imposed by this section shall be deemed to be damage by fire within meaning of any policy of Insurance against fire.
3. (4) the powers conferred by sub-section (1) shall be subject to such regulations, conditions and restrictions as may be prescribed, by rules. 16. Begging for alms

(1) whoever, in any street or public place within the limits of a Municipality to which the provisions of this section may be applied by the State Government, by notification, begs for alms, or exposes or exhibits any sore or wound or any deformity disease or bodily ailment with the object to exacting or extorting alms, shall be punishable with imprisonment of either description for a term which may extend to three months, or with fine which may extend to fifty rupees, or with both.

1. (2) If the Court finds that a person has committed an offence punishable under sub-section (1), it may, if in its opinion the person is unable to earn a livelihood owing to physical infirmity or debility, or is otherwise a fit person to be committed to a poor-house, in lieu of passing, a sentence, order that he may, be committed to a poor-house maintained by the Corporation or approved by the Government, for such term and subject to such conditions as may be prescribed by byelaws made under this Act: Provided that no such order shall be made without giving the person in charge of the poor- house an opportunity to submit objections and be heard in support of them if he so desires.
2. (3) If the person committed to a poor-house under sub-section (2) escapes from it or commits a breach of any conditions subject to which he was committed to the poor-house, he shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees or with both.
3. (4) If the Court finds that the person who has committed an offence a punishable under sub- section (1) was not born within the limits of the city or has not been continuously resident there in for more than one year, it may, in lieu of passing a sentence or order referred to in the aforesaid sub-sections by order in writing direct the said person to leave the said limits within such time and by such route or routes as may b e stated in the order and not to return there to without the permission in writing of the District Magistrate. If the said person fails to comply with the order within then time specified there in , the Court may cause the said person to be removed beyond the limits of the City under such escort as it may direct.
4. (5) If the said person returns within the limits of the City without the permission of the authority specified in sub-section (4) he shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees or with both.
5. (6) Until and during the trial, a person accused of an offence under this section, may be detained either in custody under section 344 of the Code of Criminal Procedure, 1898 or in a poor-house according as the Court may, from time to time, direct.
6. (7) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (V of 1898), an offence punishable under this Section shall be cognizable.

The Madhya Pradesh* Municipalities Act, 1961

*छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."।

17. Disposal of dead animals

(1) Whenever any animal in the charge of any person dies otherwise than by slaughter for sale or for a religious purpose, such person shall, within twenty-four hours, either- (a) convey the carcass to the place, if any fixed by the Council for the disposal of the dead animals or if no such place had been fixed to any place at least one mile beyond the limit of the Municipality where such bodies may lawfully be deposited; (b) give notice of death to the Chief Municipal Officer who shall cause the carcass to be disposed of. (2) For the disposal of dead animals under clause (b) of sub-section (1) the Chief Municipal Officer may charge such fees as the Council may fix by public notice. (3) For the purposes of this section the word “animal” shall include horned cattle elephants, camels, horses, ponies, asses, mules, deer, sheep, goats, swine and other large animals. 18. Disorderly houses

1. (a) convey the carcass to the place, if any fixed by the Council for the disposal of the dead animals or if no such place had been fixed to any place at least one mile beyond the limit of the Municipality where such bodies may lawfully be deposited;
2. (b) give notice of death to the Chief Municipal Officer who shall cause the carcass to be disposed of.

1. (2) For the disposal of dead animals under clause (b) of sub-section (1) the Chief Municipal Officer may charge such fees as the Council may fix by public notice.
2. (3) For the purposes of this section the word “animal” shall include horned cattle elephants, camels, horses, ponies, asses, mules, deer, sheep, goats, swine and other large animals. 18. Disorderly houses

(1) The Council may, by a notice in the prescribed manner, prohibit in any specified part of the Municipal area-

1. (a) the keeping of a brothel;
2. (b) the residence of any person who practices prostitution.

1. (2) Whoever, after the date of the notice issued under sub-section (1)-
   • (a) keeps or manages or acts or assists in the management of a brothel within the prohibited area;
   • (b) being the tenant, lessee or occupier of any premises or any part thereof to be used as a brothel or for the purposes of habitual prostitution with the prohibited area; or
   • (c) being the lessor or landlord, of any premises or the agent to such lessor or landlord, lets, the same or any part thereof, within the prohibited area with the knowledge that such premises or some part thereof, are, or is used as a brothel, or for the purpose of habitual prostitution or is willfully a party to the continued use of such premises as a brothel or for the purpose of habitual prostitution; or
   • (d) being a practicing prostitute resides within the prohibited area; shall be punishable with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both, and in the case of a continuing offence with an additional fine not exceeding fifty rupees for every day after the first during which the offence continues.

the Municipal limits, that a house within the said limits, is used as brothel, or by disorderly persons of any description, to the annoyance of the inhabitants of the vicinity, or that any such house is used as a brothel in the neighbour hood of a cantonment or of an educational or charitable institution or boarding house or of any place of worship, any Magistrate of the first class having jurisdiction in the place where the house is situated, may summon the owner or the occupier of the house, and on being satisfied that the house is so used and that it is a source of annoyance or offence to the neighbours, or that it is in the neighbourhood of a cantonment or of an educational or charitable institution or boarding house, or of any place of worship, may order the owner or the occupier to discontinue such use of it; and if he fails to comply with such order

The Madhya Pradesh* Municipalities Act, 1961

*छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."।

within five days, may impose upon him a fine not exceeding five hundred rupees for every day thereafter, the house is so used.

The Council may , in accordance with the byelaws made in that behalf, control the practice of prostitution within the Municipality.

The provisions contained in section 290, 291 and 292 shall be in addition to and not in derogation of the provisions of the Suppression of Immoral Traffic in Women and Girls Act 1956 (104 of 1956) and anything done or any action taken under these sections shall be subject to the provisions of the said Act. 19. Service of notices, penalties on non-compliance therewith and execution of works on default

19. Service of notices, penalties on non-compliance therewith and execution of works on default

(1) The service of every notice, and presentation of every bill under this Act, on any person or to any person to whom it is by name addressed, shall, in all cases not otherwise specially provided for in this Act, be effected by a Municipal Officer, servant or other person authorized by the Council in this behalf-

1. (a) by giving or tendering the notice or bill to the person to whom it is addressed; or
2. (b) if such person is not found by leaving the notice or bill at his last known place of abode, if within the Municipal limits, or by giving or tendering the notice or bill to some adult member or servant of his family; or
3. (c) if such person does not reside within the Municipal limits, and his address elsewhere is known to the President or other person directing the issue of the notice or bill, then by

forwarding the notice or bill, by Registerd Post Acknowledgement due under cover bearing the

said address; or

1. (d) if n one of the means aforesaid be available, then by causing the bill or notice to be affixed on some conspicuous part of the building or land, if any, to which the bill or notice relates.

1. (2) When any notice, under this Act, is required or permitted by or under this Act to be served upon an owner or occupier of any building or land, it shall not be necessary to name the owner or occupier therein, and the service thereof, in cases not otherwise specially provided for in this Act shall be effected either-
   • (a) by giving or tendering the notice to the owner or occupier or if there be more owners or occupiers than one, to any one of them; or
   • (b) if no such owner or occupier be found, then by giving or tendering the same to some adult member or servant of the family of such owner or occupier as aforesaid; or
   • (c) if none of the means aforesaid be available, then by causing the notice to be fixed on some conspicuous part of the building or land to which the same relates.
2. (3) Every notice which this Act requires or empowers a Council or any Municipal Authority or Officer to give or to serve either as a public notice or generally, or by provisions which do not expressly require notice to be given to individuals therein specified, shall be deemed to have been sufficiently given or served if a copy thereof is put up in such conspicuous part of the Municipal office during such period and in such other public buildings and places, or is published in such local papers or in such other manner, as the Council in bye-laws in this behalf prescribes.
3. (4) No notice or bill shall be invalid for defect of form.

The Madhya Pradesh* Municipalities Act, 1961

*छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."।

1. (5) When any notice under this Chapter requires any act to be done for which no time is fixed by this Act, the Notice shall fix a reasonable time for doing the same.
2. (6) In the event of non-compliance with the terms of any notice under this Chapter, it shall be lawful, for the Council to take such action or such steps as may be necessary for the completion of the act thereby required to be done, and all the expenses incurred therein by the Council shall be paid by the person or persons upon whom the notice was served, and shall be recoverable in the manner provided in Chapter VIII.

(1) If person by reason of his receiving the rent of immovable property as agent, receiver or trustee, or of his being as agent receive or trustee of the person who would receive the rent, if the property were let to a tenant is under this Act, bound to discharge any obligation unless he has or but for his own improper act or default might have had in his hands funds belonging to the owner sufficient for the purpose.

1. (2) The burden of proving the fact entitling an agent, receiver or trustee to relief under this section shall lie on him.
2. (3) If any agent receiver or trustee has claimed and established his right to relief under this section, the Council may give him notice to apply to the discharge of such obligation as aforesaid the first moneys which shall come to his hands on behalf, or for the use, of the owner and should be fail to comply with such notice, he shall be deemed to be personally liable to discharge such obligation.

Whoever disobeys or fails to comply with any lawful direction given by any written notice issued by or on behalf of a Council under any power conferred by this Chapter or fails to comply with the conditions subject to which any permission was given to him by the Council under any power conferred shall, if the disobedience or failoure is not an offence punishable under any other section be punishable with fine which may extend to five hundred rupees, and in the case of a continuing offence with further time which may extend to five rupees for every day on which the said disobedience or failure continues after the date of the first conviction: Provided that when the notice fixes a time within a certain act is to be done, and no time is specified in the Act, it shall rest with the Magistrate to determine whether the time so fixed was reasonable time within the meaning of this Act.

Whoever does or omits to do an act in contravention of any provision of this Act or the rules or bye-laws made thereunder or the conditions of a licence or permission granted by Council or any of its officers under the said provisions or rules or bye-laws shall, if such act or omission is not an offence under the said provision or rules or byelaws, be punished with fine which may extend to fifty rupees and with further fine which may extend to five rupees for every day on which such act or omission continuous after the date of the first conviction.

granted by Council or any of its officers under the said provisions or rules or bye-laws shall, if

such act or omission is not an offence under the said provision or rules or byelaws, be punished with fine which may extend to fifty rupees and with further fine which may extend to five rupees for every day on which such act or omission continuous after the date of the first conviction.

1. (1) Whether under the provisions of this Act any work is required to be executed by the owner

or occupier of any building or land and default is made in execution of such work, the Council

whether any penalty is or is not provided for such default, may cause such work to be executed; and the expenses thereby incurred shall, unless otherwise expressly provided in this Act, be paid to it by the person by whom such work ought to have been executed, and shall be recoverable in

The Madhya Pradesh* Municipalities Act, 1961

*छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."।

the same manner as an amount claimed on account of any tax recoverable under Chapter VIII either in one sum or by installment as the Council may deem fit: Provided that--

1. (a) where any Drainage Scheme or Water Work Scheme has been commenced by any Council, it shall be lawful for the Council without prejudice to its power under Section 201 or any other provision of this Act, to make a special agreement with the owner of any building or land as to the manner in which the Drainage and Water connection thereof shall be carried out, and the pecuniary or other assistance, if any, which the Council shall render, and any payment, agreed upon by the owner shall be recovered in accordance with the terms of such agreement or in default, in the manner prescribed in sub-section

1. (2) and (3);
   • (b) where an order or requisition has been passed under sub-section (1) of Section 180, sub- section (3) of Section 187, or under Section 200, 203, or 209 or where permission has been given under Section 207 or where an arrangement has been made under clause (a) the Council may, without prejudice to any other powers under this Act, if it thinks fit, declare any expenses incurred by the Council, in the execution of order or in the carrying out of such requisition, permission or arrangement to be improvement expenses, Improvement expenses shall be charged upon the premises of land, and shall be levied in such instalments as the Council may decide including interest at the rate of 6-1/4 per cent per annum, and shall be recoverable in the manner prescribed in sub-sections (2) and (3).
2. (2) If the defaulter be the owner of the building or land the Council may by way of additional remedy whether a suit or proceeding has been brought or taken against such owner or not, require, subject to the provisions of sub-section (3), the payment of all or any part of the expenses payable by the owner for the time being from the person who then, or any time thereafter occupies the building or land under such owner; and in default of payment thereof by such occupier on demand, the same may be levied from such occupier, and every amount claimed on account so leviable shall be recoverable in the same manner as an amount claimed on amount of any tax recoverable under Chapter VIII; every such occupier shall be entitled to deduct from the rent payable by him to his landlord so much as has been so paid by or recovered from such expenses.
3. (3) No occupier of any land or building shall be liable to pay more money in respect of any expenses charged by this Act on the owner thereof, than the amount of rent which is due from such occupier for the building or land in respect of which such expenses are payable, at the time of demand made upon him or which at any time after such demand and notice not to pay rent to the landlord as accrued and become payable by such occupier, unless he neglects or refuses upon application made to him for this purpose by the Council, truly to disclose the amount of his rent, and the name and the address of the person to whom such rent is payable; but the burden of proof that the sum demanded of any such occupier is greater than the rent which was due by him at the time of such demand, or which has since accrued, shall be upon such occupier:

Occupier, in default of owner, may execute work and deduct expenses from his rent.-- Where default is made by the owner of any building or land in the execution of any work required to be executed by him, the occupier of such building or land may, with the approval of the Council, cause such work to be executed and expense thereof shall be paid to him by the

The Madhya Pradesh* Municipalities Act, 1961

*छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."।

owner, or the amount may be deducted out of the rent from time to time becoming due from him to such owner.

If the occupier of any building or land prevents the owner thereof from carrying into effect in respect of such building or land, any provisions of this Act, after notice of his intention so as to carry them into effect has been given by the owner to such occupier; any Magistrate upon proof thereof, and upon application of the owner, may make an order, in writing, requiring such occupier to permit the owner to execute all such works, with respect to such building or land, as may be necessary for carrying into effect the provisions of this Act, and may also, if he thinks fit, order the occupier the costs relating to such application or order, and if, after the expiration of 8 days from the date of the order, such occupier continues to refuse to permit such owner to execute any such work, such occupier for every day during which he so continues to refuse be punished with fine which may extend to fifty rupees and every such owner, during the continuance of such refusal, shall be discharged from any penalties to which he might otherwise have become liable by reason of his default to execute such work.

20. Summary power regarding certain offences

The Government may appoint an officer of the Council to be a Magistrate under the Code of Criminal Procedure, 1898 (V of 1898) to try offences with regard to matters relating to Sections 211, 212, 236, 240, 241, sub-section(1) of Sections 242, 246, 250 and 269, and may empower to try them summarily. 21. Miscellaneous

21. Miscellaneous

It shall be lawful for the President, Chief Municipal Officer, Municipal Health Officer or Municipal Engineer or any Councillor authorized by the council or any officer or servant authorized by the Chief Municipal for such purposes to enter for the purposes, of this Act, between sunrise and sunset with such assistants as he may deem necessary,

into and upon any building or land, as well for the purpose of making any survey or inspection

they may be entitled to make for the purpose of executing any work authorized by this Act to be executed by them: Provided that except when herein otherwise provided no building or land which may be occupied at the time shall be entered unless with the consent of the occupier thereof without 24 hour’ written notice thereof having been given to the said occupier:

Arbitration in cases ofcompensation, etc.-(1) If an agreement is not arrived at with respect to any compensation or damages which are by this Act directed to be paid the amount and if necessary the appointment of the same shall be ascertained and determined by a Panchayat of three persons of whom one shall be appointed by the Council, one by the party to or from whom such compensation or damages may be payable or recoverable, and one, who shall be Sarpanch, shall be selected b the nmembers already appointed as above.

1. (2) If either party or both parties fail to appoint members within one month from the date of either party receiving written notice from the other of claim to such compensation or damages,

The Madhya Pradesh* Municipalities Act, 1961

*छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."।

or if the members fail to select a Sarpanch, such members as may be necessary to constitute the Panchayat shall be appointed at the instance of either party, by the District Court.

1. (3) In the event of the Panchayat not giving a decision within one month from the date of the section of the Sarpanch or of the appointment by the District Court of such members as may be necessary to constitute the Panchayat, the matter shall on application by either party, be determined by the District Court which shall, in cases in which the compensation is claimed in respect of land follow, as far as may be, the procedure provided in the Land acquisition Act, 1894 (1 of 1894), for proceedings in matters referred for the determination of the Court: Provided that-
   • (a) no application to the Collector for a reference shall be necessary; and
   • (b) the Court shall have full power to give and appropriation the costs of all proceedings in the manner it thinks fit.
2. (4) In any case where the compensation is claimed in respect of land and the Panchayat has given a decision, either party, if dissatisfied with the decision may within a month of the date thereof apply to the District Court and the matter shall be determined by the District Court in accordance with the provisions of sub-section (3).
3. (5) In any case where the compensation is claimed in respect of any land or building the Council

may after the award has been made by the Panchayat or the District Court, as the case may be,

take possession of the land or building after paying the amount of the compensation determined by the Panchayat or the District Colurt to the party to whom such compensation may be payable. If such party refuses to building or if there is any dispute as to the title to the compensation or as to the appointment of it, the Council shall deposit the amount of the compensation in the District Court.

1. (6) In the absence of any express provision to the contrary, the compensation payable under this Act shall determined in accordance with the principles laid down in the Land acquisition Act 1894 (1 of 1894).

If a dispute arises with respect to any costs or expenses which are by this Act directed to be paid, the amount and if necessary the appointment of the same shall save where it is otherwise expressly provided in this Act, be ascertained and determined by the Council and shall be recoverable in the same manner as an amount claimed on account of any tax recoverable under Chapter VIII.

In the case of [Nagar Panchayats] all or any of the sections will take effect only when so notified by the State Government in this behalf:-- 180, 181, 185, 207, 229, 243, 255, 272 and 273.

Notwithstanding anything contained in this Act, all the powers and functions of the Council under-

1. (a) Section 183(5), 184, 185, 186, 190, 203, 205, 206, 207, 209, 210, 211, 212, 218, 229, 268, and 283 shall be exercised and discharged by the President; and
2. (b) Section 180 (1) and (2), 185, [187, 187-A], 191, 192, 194, 195, 196, 198, 199, 200 (2), 204, 208, 213, 215, 216, 217, 220, 221, 222, 223, 224, 225, 226, 227, 232, 233, 234, 236, 239, 241, 242, 246, 250, 251, 252 and 285 shall be exercised and discharged by the Chief Municipal Officer.

The Madhya Pradesh* Municipalities Act, 1961

*छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."।