The Daman and Diu Municipalities Regulation 1994

Infrastructure1994314 sections

The Daman and Diu Municipalities Regulation 1994 establishes the legal and administrative framework for urban local governance in the Union Territory of Daman and Diu. It regulates municipal elections, prohibiting corrupt electoral practices and ensuring proper election conduct. The legislation details the structure, functions, and duties of municipal councils, including public health maintenance, civic infrastructure, street management, property taxation, and building regulations. It applies to municipal authorities, election candidates, property owners, and residents across the territory. This law is essential because it empowers local democratic bodies to deliver vital civic amenities, manage public funds transparently, and guide orderly urban development.

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5. Maintenance of lunatics and leprosy patients
6. Power to cancel arrangements
13. Section 13
17. Section 17
24. Prohibition of public meetings on the election day.
26. Prohibition of canvassing in or near polling stations
27. Penalty for disorderly conduct in or near polling stations
28. Penalty for misconduct at polling station
29. Disturbances at election meeting.
30. Maintenance of secrecy of voting
31. Officers, etc. at election not to act for candidates or to influence voting
32. Breaches of official duty in connection with election
33. Removal of ballot papers from polling station to be an offence
34. Other electoral offences and penalties therefor
35. Prosecution regarding certain offences
36. Requisitioning of premises, vehicles, etc., for election
37. Payment of compensation
38. Power to Obtain Information.
39. Eviction from requisitioned premises.
40. No civil court to have jurisdiction.
41. Release of premises from requisition.
42. Term of office of Councillors.
43. Resignation of Councillors.
44. Liability of Councillors to removal from office.
45. Resignation not to affect subsequent disqualification of a Councillor.
46. Disqualification of Councillor during his term of office.
47. Special p.mvieiona regarding disqualification for failure to pay dues to the Council.
49. Councillor to vacate all offices if he ceases to be Councillor.
51. Casual Vacancies how to be filled up.
52. Duties and Function of the Council.
53. Term of office of President and Vice-President.
54. Resignation of President.
55. Resignation of Vice-president.
56. Removal of President and Vice-President.
57. Consequences of absence of President or Vice-President without leave.
58. President or Vice-President to hand over charge.
59. Functions of President.
60. Functions of Vice-president.
61. Simultaneous vacancy in the office of President and Vice-President.
62. Honarariam or allowances to president and members of Council
63. Standing and Subject Committees for all classes of Councils
64. Constitution of Standing committee of Council
65. Special committees
66. Term of office of Chairman and members of Standing and Subjects Committees
67. Casual vacancies in Committee of the Council
68. Function and power of Standing Committees and subjects Committees
69. Limits of powers of Committee in respect of financial sanctions
70. Subordination of Committees to Council
71. Appointment of Director of Municipal Administration and his powers and the powers of the Collector
72. Appointment of Chief Officer, Engineer, Water Works Engineer, Health Officer, Auditor and certain other officers
73. Appointment of other officers and servants
74. Powers and duties of Chief Officer
75. Powers and duties of other officers and servants
76. Punishment of officers and servants
77. Bye laws to be made regulating certain conditions of service
78. Provision in regard to meetings of Council
79. Meetings of Committees
80. Chief Officer to be present at every meeting of the Council and if required at a meeting of a Colittec, but not to vote or rake any proposition
81. Power of Council or Cormittee io require infbrmation, document, etc., from Chief Officer
82. Validity of proceedings
84. Property to acquire and hold Property
85. Decision of claims to property by or against the Council
86. Municipal fund
87. Coastitution of Salary Reserve Fund.
88. Provisions regarding transfer of municipal property.
89. Provisions relating to contracts and tenders.
90. Interested in any bargain or contract
91. Penalty to Councillors, officers and servants for improper interest in contracts, etc.
92. Liability of Councillors, officers and servants for loss, or damage.
93. Application of municipal property and funds within and without the municipal area.
94. Special provision regarding loan of fire fighting equipment, etc.
95. Depositing or investing of Surplus Funds of a Council.
96. Power of Council to compromise suits.
97. Budget.
98. Municipal accounts
99. Publication of accounts
100. Audit of accounts
102. Loss of income from tax due to exemption to be reimbursed by Government
103. Section 103
104. Other taxes which Council may impose
105. Procedure preliminary to imposing tax under section 104
106. Discretionary tax when sanctioned not to be abolished without previous sanction of Government
107. Publication of bye-laws relating to taxes, with notice
108. Council may vary rates of tax within prescribed limits
109. Appointment of authorised Valuation Officer
110. Rateable value how to be determined
111. Preparation of assessment list
112. Person primarily liable for a property tax how to be designated if his name cannot be ascertained
113. Authorised Valuation Officer to check assessment
114. Publication of notice of assessment list
115. Public notice of time fixed for lodging objections
116. Objection how to be dealt with
117. Authentication of list of assessment
118. Authentic list how far conclusive
119. Amendment of assessment list
128. Reassessment to be done after every four years
135. Tables of tolls to be shown on demand.
136. Power to seize vehicle or animal or goods for non-payment of octroi or toll and to dispose of seized property.
137. Section 137
138. Section 138
139. Farming of tolls.
140. Powers to compound tax on vehicles or animals.
141. Assessment not invalid for defect of form.
142. Power of Government to require Council to impose tax.
142A. The Administrator, with the prior approval of the Central Government, shall assign some duties of certain taxes etc.
143. Fees may be charged for certain licences, permission, etc.
143A. Functions of Finance Commission.
144. Mode of recovery of any money claimable under this Regulation.
145. Presentation of bill for sums due to Council and discount for prompt payment.
146. Notice of demand
147. When warrant may issue.
148. To whom warrant addressed.
149. Power of entry by force under special order.
150. Warrant how to be executed.
151. Sale of property diatrained or attached; application of proceeds of aale.
152. Surplus, if any, how dealt with.
153. Sale outside municipal area.
154. Feea and coska chargeable.
155. Sumnasy proceedings may be taken against person a b u t to leave enunicipa2 area.
156. Sales in other cases by whom to be ordered and the manner of making an confirming them.
157. Liability of lands, buildings, etc. for taxes.
158. Receipts to be given for all payments.
159. Certain amownis to be recovered as arrears of land revenue.
160. Stay ocders & barranti by whom to be issued.
161. Interest payable on dues for taxes.
162. Power to write off.
163. Appointment of Re~zvery Officer.
164. Appeals to Magistrates.
165. Procedure in Appeal.
166. Revision by Court.
167. Bar of other proceedings.
168. Powers in reapect of.public streets.
169. Powers to declare ady atreet a public atreet, subject to objections by owners.
171. Regular line of a public street.
172. Setting back projecting buildings.
173. Setting forward to regular line of street.
174. Surface protections, obstruction, encroachments in respect of public streets
175. Prohibition of projections other than surface projections upon streets, etc.
176. Projections, encroachment, etc., in public places and open spaces whether vesting in Council or not
177. Power to require boundary walls, hedges, etc., to be constructed or removed
181. Naming and Numbering streets and premises
181A. Displacing pavements, etc.
182. Prohibition of articles in public streets without licence
183. Prohibition of hand-carts without licence
184. Notice of construction of building.
185. Powers of Chief Officer and Council to refuse permission
187. Regulation of external roofs and walls
188. Completion certificate, permission to occupy or use
189. Building for human habitation not to be used as godown, etc., and vice versa
191. Removal of buildings, structures, etc., which are in ruins, or likely to fall
192. Fixing of lamps, brackets, etc., to house
193. Regulation of huts
194. Improvement of huts.
195. Municipal control over drainage.
196. Power of making and repairing drains.
197. Power to repire sufficient drainage of houses.
198. Near building not to be erected without drains.
199. Powers of owners and occupiers of buildings or lande to drain into municipal drains.
200. Right to carry drain through land or into drain Belonging to other persons.
211. Prohibition of wilful or neglectful acts relating to water works.
212. Frohibikion of construceing drains, etc. near sources of water supply.
213. Power of carrying water mains.
214. Power to require water supply to be taken.
215. Powers and duties with regards to dangerous, stagnant or insanitary sources of water supply.
216. Power to regulate bathing and washing
217. Digging of wells, etc., without permission prohibited.
218. prohibition of certain acts affecting the municipal water works.
219. Dangerous quarrying
221. Boards to be set up during repais, etc.
222. Powers for suppreasion of fires
223. Depositing dust, etci, committing nni8ance
224. Discharging sewage, etc.
225. Non-removal of filth, etc.
226. Removal of night-soil.
227. Using offensive manure, etc.
228. Abatement of nuisance from wells, eta.
229. BuiLdings or rooms in buildings unfit for human habitation.
230. Filthy buildings, etc.
231. Dangerous diseases.
232. Power to prohibit use of public conveyances for carriage of persons suffering from dangerous diseases.
233. Restrictions on persons suffering from dangerous diseases.
234. Control and prevention of dangerous diseases
235. Information to be given to Chief Officer or Health Officer about incidence of dangerous diseases
236. Power of entry into places where cases of dangerous disease suspected
237. Chief Officer or Health Officer may direct owner or occupier to take certain precautionary measures and in default, carry out the same
238. Prohibition of use of water likely to spread dangerous diseases
239. Additional powers of council on threatened outbreak of dangerous disease
241. Payment of compensation.
242. Diseses among animals.
243. Proceedings to abate over-crowding of inte- riors of buildings.
244. Withdrawal and modification of ' p w e r s and orders under this chapter.
245. Special powers in respeob of: ,Lovercrowding ladeac
246. Council to provide or permit burning and bu- rial grounds.
247. Closing of places for disposal of dead.
248. Penalty for contravention of provisions relating to dangerous diseases
258. Farming of market and slaughter-house rents.
259. Control on preparation of food, eating houses, hotels, lodging houses, etc.
260. Control on business in milk, milk products and sweet-meats.
261. Control of stables.
262. No separate licence necessary if one is obtained under Prevention of Food Adulteration Law.
263. Factory, etc., not to be established without licence.
264. Prohibition of use of steam whistles, etc.
265. Certain other trades and occupations not to be carried on without licence.
266. Certain articles not to be kept withou't licence.
267. Caktle-trespass Act to cease to apply to municipal areas.
268. Power to establish cattle-pounds and appoint pound-keepers.
269. Duties of pound-keepers.
270. Impounding cattle.
271. Delivery of cattle claimed.
272. Security in respect of impounded cattle.
273. Sale of cattle not claimed.
274. Pound-fees and expenses chargeable to be fixed.
275. Complaints of illegal seizure or detention.
276. Compensations for damage to property
277. Tethering cattle
278. Provision as to dogs
279. Provisions as to keeping of pigs
280. Feeding animals on filth prohibited
281. Provisions as respects institution, compounding etc., of criminal actions
281A. Provision of privies, etc.
282. Distress lawful though defective in form
283. Power to require owners to keep drains, etc., in proper order; or to demolish or clbse a privy or cesspool.
284. General penalty
285. Encroachment on municipal drains.
286. Power to institute, defend suits, etc.
287. Inspection of drains. etc.
288. Council may execute certain works without option to person concerned of executing the same.
289. Limitation of suits against Council, its committees, officers and servants for acts done in pursuance or execution of this Regulation.
290. Powers of police officers.
291. Power of inspection and supervision.
292. Power to call for returns and reports.
293. Powers to suspend execution of orders and resolutions of Council on certain grounds.
294. Extraordinary Powera of execution of certain works in caae of emergency.
295. Power of Dir-tor to prevent extravagance in the employment of establishment.
296. Inquiry into muniaipal matters- by Government.
297. Power of Director to enforce performance of duties.
298. Dissolution a£ the Council.
311. Publication of public and general notices.
312. Reasonable time to be fixed when no time fixed under this Regulation for any requisition.
313. Council in default of owner or occupier may execute works and recover expenses.
314. Proceedings, if any occupier opposes the execution of the Regulation.
315. Determination of damages, compensation, etc.
316. Power of Government to make rules.
317. Power of council to make bye-laws.
318. Entry for purposes of the Regulation.
319. Chief Officer may authorise any person to enter upon adjoining premises.
320. Power of Chief Officer to call for information as to ownership of any property.
321. Power of Director to recover record and money.
322. Power to grant ex-post facto sanction.
323. General provisions regarding grant, suspension or withdrawal of licences and written permission and levy of fees, etc.
324. Power to order closure of place.
325. Power of Govt. to make suitable provisions by order when a municipal area is created or altered.
326. Abolition of municipalities.
327. Repeal.
328. Interpretation.
329. Special provisions regarding the term of councillors of existing Council whose term is due to expire.
330. Consequences of replacement of existing Councils.
331. Pension relating to officers and servants.
332. Obligation to carry out certain duties and functions of existing Councils.
333. Section 333
334. Power to remove difficulty.
383. Sevisional pawars of Gover~lrrrenL.
384. Government's powers to enforce its orders.
385. Powers of review.
389. Copies of Regulation, rules and bye-laws to be made available at council's office for public inspection and for sale.
unnumbered-1. Corrupt Practices (Continued)
25(3). Breach of official duty/Disorderly conduct during meetings
33(3). Procedure for searched items
33(4). Cognizance of offence
General Duties (Continued). Obligatory duties of Council (Clauses e to v)
No suit for damages. Limitation of liability for non-performance
72(3). Qualifications and conditions of service of certain officers
72(4). Power of appointment
72(5). Constitution of common cadres
72(6). Power to make rules for cadres
72(7). Contribution by Council
76(8). Revision against order of removal, dismissal or reduction
78(11). Order of business
78(12). Minutes of meetings
78(13). Decision by majority of votes
78(14). Adjournment of meetings
78(15). Modification or cancellation of resolutions
78(16). Transaction of business regarding Government works
78(17). Presence of Government or panchayat officers
78(18). Voting rights of officers
78(19). Power to make rules
121. Primary responsibility for property taxes on whom to rest. Primary responsibility for property taxes on whom to rest.
122. When occupiers may be held liable for payment of property taxes. When occupiers may be held liable for payment of property taxes.
123. Partial remission in respect of property remaining unoccupied. Partial remission in respect of property remaining unoccupied.
124. When building or land deemed to be productive of rent. When building or land deemed to be productive of rent.
125. Parties to transfer of property to give notice of transfer. Parties to transfer of property to give notice of transfer.
126. Form of notice. Form of notice.
127. In absence of notice, liability to taxes to continue on original holder. In absence of notice, liability to taxes to continue on original holder.
128. Power to fix special rate in lieu of special sanitary tax. Power to fix special rate in lieu of special sanitary tax.
129. Recovery of sums claimed under the past two preceeding sections. Recovery of sums claimed under the past two preceeding sections.
130. Council may sell surplus water for use outside municipal area. Council may sell surplus water for use outside municipal area.
131 to 134 Omitted. Omitted
170(2). Power to declare street as public street
170(3). Power to declare street as public street
173(3). Reference to Building Line
178(1). Notice of new streets
184 A. Preparation of Development Plan.
184 B. District Planning Committee.
248. Acts prohibited in connection with disposal of dead. Acts prohibited in connection with disposal of dead.
249. Certificate for disposal of the dead. Certificate for disposal of the dead.
250. Disposal of dead animals. Disposal of dead animals.
251. Power to provide and maintain municipal markets and slaughter-houses. Power to provide and maintain municipal markets and slaughter-houses.
252. Private markets, etc., not to be held without licence. Private markets, etc., not to be held without licence.
253. Slaughter-house, etc., beyond municipal area. Slaughter-house, etc., beyond municipal area.
254. Restriction on slaughter of animals for sale. Restriction on slaughter of animals for sale.
255. Provisions for requiring private market buildings and slaughter-houses to be properly paved and drained. Provisions for requiring private market buildings and slaughter-houses to be properly paved and drained.
256. Provisions regarding approaches and environs of private markets. Provisions regarding approaches and environs of private markets.
257. Levy of stallages, rents and fees. Levy of stallages, rents and fees.
unspecified. Service of notices, etc., addressed to individuals.

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