The Daman and Diu Municipalities Regulation 1994

Every Council shall also, out of the municipal property and fund, make payments at such rates as the Government may from time to time by general or special order specify for the maintenance and treatment either in the municipal area or at the any asylum, hospital or house, whether within or without, such municipal area, which the Government declares by notification to be suitable for such purpose, (a) of lunatics, not being persons for whose confinement an order under Chapter XXXIV of the Code of Criminal Procedure, 1898, is in force, and (b) of leprosy patients, resident within, or under any enactment for the time being in force removed from, the municipal area : Provided that the council shall not be liable under this sub-section for the maintenance and treatment of any lunatic or leprosy patient in any such asylum, hospital or house as aforesaid, unless such lunatic or leprosy patient, immediately previous to his admission thereto, has been resident in the municipal area for at least one year. Provided further that, where an application is made to the High Court or a District Court under the provisions of section 88 of the Indian Lunacy Act, 1912, no order for the payment of the cost of maintenance of the lunatic by a Council shall be made without an opportunity being given to such Council to show that the lunatic has an estate applicable to his maintenance or that there is a person legally bound, and having the means, to maintain him. The officer in charge of any asylum to which lunatics for whose maintenance and treatment a Council is liable under this section are admitted shall maintain a clear account of the cost of maintenance and treatment incurred on account of each lunatic detained in the asylum and shall furnish a copy thereof to the Council on application.

Where a Council has entered into any arrangement or made any promise, purporting to bind it or its successors for a term of years or for an unlimited period to continue to any educational or charitable institution a yearly contribution from the Municipal property or fund, it shall be lawful for the Council or its successors, with the sanction of the Government, to cancel such arrangement or promise or to discontinue, or to diminish such yearly contribution, provided that it shall have given at least twelve months' notice of its intention so to do to the manager or managers of such institution.

Every such order shall be a sufficient autority to the person in whose favour it is made, or to any agent or other person employed by him for this purpose, 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 conditions 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 with assistants and workmen at any time between sunrise and sunset and subject to the provisions of this Regulation, to do all such work as may be necessary-- (a) for the construction or connection of the drain, as may be authorised by the said order; (b) for renewing, repairing, or altering the same as may be necessary from time to time; or (c) for discharging any responsibility attaching to him under the terms of the order as to maintaining, repairing, flushing, cleaning or emptying the said drain or any part thereof. (4) In executing any work under thxs 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 owrk is done, shall -- (a) cause the work to be executed with the least practicable delay; (b) fili in, reinstate and make good at hia 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 sustai.ns damage by the execution of the said work.

Provided further that no such reappropritation shall be done from the amounts earmarked towards the repayment of any loan and interest thereon and towards coritributron to any fund or funds constituted under the provisions of this Act. (a) Save in an emergency, no sum shall be expended by or on behalf of any Council unless such sum is included in the budget for the time being in force. (b) If any sum whiah is not so included in the budget, is expended in an emergency, the circumstances in which such sum was expended shall forthwith be reported by the President to the Council and the Director, with an explanation of the way in which it is proposed to cover auch extra expenditure.

1. (1) No person shall convene, hold or attend any public meeting within a ward of a municipal area on the date or dates on which poll is taken for an election from the ward.
2. (2) Any person who contravenes any provision of sub-section (1) shall, on conviction, be punished with fine which may extend to two hundred and fifty rupees.

1. (1) No person shall, on the date or dates on which a poll is taken at any polling station, commit any of the following acts within the polling station or in any public or private place within a distance of one hundred metres of the polling station, namely :— (a) canvassing for votes; (b) soliciting the vote of any voter; or (c) Persuading any voter not to vote for any particular candidate; or (d) Persuading any voter not to vote at the election; or (e) exhibiting any notice, or sign (other than an official notice) relating to the election. (2) Any person who contravenes any provision of sub section (1) shall, on conviction, be punished with fine which may extend to two hundred and fifty rupees.

1. (1) No person shall, on the date or dates on which a poll is taken at any polling station,— (a) use or operate within, or at the entrance of the polling station, or in any public or private place in the neighbourhood thereof, any apparatus for amplifying or reproducing the human voice, such as a megaphone or a loudspeaker, or (b) shout, or otherwise act in a disorderly manner, within or at the entrance of the polling station or in any public or private place in the neighbourhood thereof, so as to cause annoyance to any person visiting the polling station for the poll or so as to interfere with the work of the officers and other persons on duty at the polling station. (2) Any person who contravenes, or wilfully aids or abets the contravention of, any provision of subsection (1) shall, on conviction, be punished with imprisonment for a term which may extend to three months or with fine which may extend to two hundred and fifty rupees, or with both. (3) If the presiding officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under this section, he may direct any police officer to arrest such person, and thereupon the police officer shall arrest him. (4) Any police officer may take such steps and use such force, as may be reasonably necessary for preventing any contravention of the provisions of sub-section (1) and may seize any apparatus used for such contravention.

1. (1) Any person who during the hours fixed for poll at any polling station misconducts himself or fails to obey the lawful directions of the presiding officer, may be removed from the polling station by the presiding officer or by any police officer on duty or by any person authorised in this behalf by such presiding officer. (2) The powers conferred by sub-section (1) shall not be exercised so as to prevent any voter who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station. (3) If any person who has been so removed from a polling station re-enters the polling station without the permission of the presiding officer, he shall on conviction, be punished with imprisonment for a term which may extend to three months, or with fine which may extend to two hundred and fifty rupees, or with both. (4) An offence under sub-section (3) shall be cognizable.

1. (1) This section applies to any public meeting in connection with an election held in a municipal area after the programme for the election from any ward of the municipal area is announced.
2. (2) Any person who at a public meeting to which this section applies acts, or incites others to act in a disorderly manner for the purpose of preventing the transaction of the business for which the meeting was called together shall, on conviction, be punished with fine which may extend to two hundred and fifty rupees.

1. (1) Every officer, clerk, agent or other person who performs any duty in connection with the recording or counting of votes at an election shall maintain and aid in maintaining the secrecy of the voting and shall not (except for some purpose authorised by or under any law) communicate to any person any information calculated to violate such secrecy. (2) Any person who contravenes any provision of sub-section (1) shall, on conviction, be punished with imprisonment for a term which may extend to three months or with fine, or with both.

1. (1) No person who is a returning officer or a presiding or polling officer at an election or an officer or clerk appointed by the returning officer or the presiding officer to perform any duty in connection with an election shall, in the conduct or the management of the election, do any act (other than the giving of vote) for the furtherance of the prospects of the election of a candidate. (2) No such person as aforesaid, and no member of a police force, shall endeavour— (a) to persuade any person to give his vote at an election; or (b) to dissuade any person from giving his vote at an election; or (c) to influence the voting of any person at an election in any manner. (3) Any person who contravenes any provision of sub-section (1) or sub-section (2) shall, on conviction, be punished with imprisonment for a term which may extend to six months, or with fine, or with both.

1. (1) If any person to whom this section applies is without reasonable cause guilty of any act or omission in breach of his official duty, he shall on conviction, be punished with fine which may extend to five hundred rupees. (2) No suit or other legal proceedings shall lie against any such person for damages in respect of any such act or omission as aforesaid. (3) The person to whom this section applies are the returning officers, presiding officers, polling officers and any other persons appointed to perform any duty in connection with the preparation of a municipal voters list, the receipt of nominations or withdrawals of candidatures or the recording or counting of votes at any election, and the expression official duty shall, for the purposes of this section, be construed accordingly, but shall not include duties imposed otherwise than by or under this Regulation.

1. (1) Any person who, at any election, fraudulently takes, or attempts to take, a ballot paper out of a polling station, or wilfully aids or abets the doing of any such act shall on conviction, be punished with imprisonment for a term which may extend to one year, or with fine which may extend to five hundred rupees, or with both. (2) If the presiding officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under sub-section (1), such officer may, before such person leaves the polling station arrest or direct a police officer to arrest such person and may search such person or cause him to be searched by a police officer: Provided that when it is necessary to cause a woman to be searched, the search shall be made by another woman with strict regard to decency.

1. (1) A person shall be guilty of an electoral offence if at any election, he- (a) fraudulently defaces or fraudulently destroys any nomination paper; or (b) fraudulently defaces or destroys or removes any list, notice or other document affixed by or under the authority of a returning officer; or (c) fraudulently defaces or fraudulently destroys any ballot paper or the official mark on any ballot paper; or (d) without due authority supplies any ballot paper to any person or receives any ballot paper from any person or is in possession of any ballot paper; or (e) fraudulently puts into any ballot box anything other than the ballot paper which he is authorised by law to put in; or (f) without due authority destroys, takes, opens or otherwise interferes with any ballot box or ballot papers then in use for the purposes of the election; or (g) fraudulently, or without due authority as the case may be, attempts to do any of the foregoing acts or wilfully aids or abets the doing of any such acts. (2) Any person guilty of an offence under this section shall- (a) if he is a returning officer or a presiding officer at a polling station or any other officer or clerk employed on official duty in connection with the election, on conviction, be punished with imprisonment for a term which may extend to two years, or with fine, or with both; (b) if he is any other person, on conviction be punished with imprisonment for a term which may extend to six months, or with fine, or with both. (3) For the purposes of this section, a person shall be deemed to be on official duty if his duty is to take part in the conduct of an election or part of an election including the counting of votes or to be responsible after an election for the used ballot papers and other documents in connection with such election but the expression official duty shall not include any duty imposed otherwise than by or under this Regulation. (4) An offence punishable under clause (b) of sub- section (2) shall be cognizable.

No Court shall take cognizance of any offence punishable under section 31 or under section 32 or under clause (a) of sub- section (2) of section 34 unless there is a complaint made by an order of, or under authority from, the Election Commission.

1. (1) If it appears to the Collector or an officer authorised by the Collector (hereinafter referred to as the requisitioning authority) that in connection with an election- (a) any premises are needed or are likely be needed for the purpose of being used as a polling station or for the storage of ballot boxes after a poll has been taken; or (b) any vehicle, vessel or animal is needed or likely to be needed for the purpose of transport of ballot boxes to, or from, any polling station or transport of member of the police force for maintaining order during the conduct of such election, or transport of any officer or other person for the performance of any duties in connection with such election, the requisitioning authority may by order in writing requisition such premises, or such vehicle, vessel or animal, as the case may be, and may make such further orders as may appear to it to be necessary or expedient in connection with the requisitioning: Provided that no vehicle, vessel or animal which is being lawfully used by a candidate or his agent for any purpose connected with the election of such candidate shall be requisitioned under this sub-section until the completion of the poll at such election. (2) The requisition shall be effected by an order in writing addressed to the person deemed by the requisitioning authority to be the owner or person in possession of the property, and such order shall be served on the person to whom it is addressed in the manner prescribed for the service of a notice under section 310. (3) Any person to whom such order is addressed shall be bound to deliver possession of such premises or such vehicle, vessel or animal to the requisitioning authority or to such other officer as may be specified in the order. (4) Whenever any property is requisitioned under sub- section (1) the period of such requisition shall not extend beyond the period for which such property is required for any of the purposes mentioned in that sub-section. Explanation. - For the purpose of this section "premises" means any land building, or part of a building and includes a hut, shed or other structure or any part thereof. (5) Any person who contravenes any order made under this section shall, on conviction, be punished with imprisonment for a term which may extend to one year, or with fine, or with both.

1. (1) Whenever in pursuance of the last preceding section, the requisitioning authority requisitions any premises or any vehicle, vessel or animal, the Council shall pay to the person interested compensation, the amount of which shall be determined by the requisitioning authority taking into consideration the following matters, namely :- (a) in the case of premises- (i) the rent payable in respect of the premises or if no rent is payable the rent payable for similar premises in the locality; (ii) if in consequence of the requisition of the premises the person interested is compelled to change his residence or place of business, the reasonable expenses (if any) incidental to such change; (b) in the case of any vehicle, vessel or animal, the fares or rates prevailing in the locality for the hire of such vehicle, vessel or animal; (2) Any person interested, or any person who claims to be entitled to receive compensation, being aggrieved by the order of the requisitioning authority as to- (i) the amount of compensation determined, or (ii) the title of any person entitled to receive compensation, or (iii) the apportionments of the amount of compensation among two or more persons, within one month from the receipt of the order under sub- section (1), or if the order is not addressed to him, within one month from the date of the order appeal to the Administrative Tribunal and the decision of the Administrative Tribunal on such appeal shall be final. Explanation - For the purpose of this section the expression "person interested" means, (a) in the case of premises- (i) the person who was in actual possession of the premises, immediately before the requisition; or (ii) when no person was in actual possession the owner of such premises;

1. (1) The requisitioning authority may, with a view to requisitioning any property under section 36 or determining the compensation payable under section 37 by order require any person to furnish to such authority as may be specified in the order such information in his possession relating to such property as may be so specified. (2) If any person to whom such order is addressed refuses to furnish such information or wilfully furnishes false information, he shall, on conviction, be punished with imprisonment for a term which may extend to three months, or with fine, or with both.

1. (1) Any person remaining in possession of any requisitioned premises in contravention of any order made under section 36 may be summarily evicted from the premises by any officer empowered by the requisitioning authority in this behalf. (2) Any officer so empowered may, after giving to any woman not appearing in public reasonable warning and facility to withdraw, remove, or open any lock or bolt or break open any door of any building or do any other act necessary for effecting such eviction.

No civil court shall have jurisdiction to question the legality of any action taken or any decision given by the prescribed authority in connection with the conduct of elections under this Regulation.

1. (1) When any premises requisitioned under section 36 are to be released from requisition, the possession thereof shall be delivered to the person from whom possession was taken at the time when the premises were requisitioned or if there were no such person, to the person deemed by the requisitioning authority to be the owner of such premises and such delivery of possession shall be a full discharge of the requisitioning authority from all liabilities in respect of such delivery, but shall not prejudice any rights in respect of the premises which any other person may be entitled by due process of law to enforce against the person to whom possession of the premises is so delivered. (2) Where the person to whom the possession of any premises reqisitioned under section 36 is to be given under sub-section (1) cannot be found or is not readily ascertainable or has no agent or any other person empowered to accept delivery on his behalf, the requisitioning authority shall cause a notice declaring that such premises are released from requisition to be affixed on some conspicuous part of such premises and publish the notice in the Official Gazette. (3) When a notice referred to in sub-section (2) is published in the Official Gazette, the premises specified in such notice shall cease to be subject to requisition on and from the date of such publication and be deemed to have been delivered to the person entitled to possession thereof and the requisitioning authority or the Council shall not be liable for any compensation or other claim in respect of such premises for any period after the said date.

1. (1) Every Council, unless sooner dissolved under section 298 shall continue for five years from the date appointed for its first meeting and no longer: Provided that a Council shall be given a reasonable opportunity of being heard before its dissolution. (2) An election to constitute a Council shall be completed: (a) before the expiry of its duration specified in sub-section (1); (b) before the expiration of a period of six months from the date of its dissolution: Provided that where the remainder of the period for which the dissolved council would have continued is less than six months, it shall not be necessary to hold any election under this sub-section for constituting the Council for such period. (3) A Council constituted upon the dissolution of a Council before the expiration of its duration shall continue only for the remainder of the period for which the dissolved Council would have continued under sub-section (1) had it not been dissolved.

1. (1) A Councillor may resign his office by tendering his resignation in writing to the President.

1. (1) The Government may on its own motion or on the recommendation of the Council remove any Councillor from office if such Councillor has been guilty of any misconduct in the dincharge of his duties, or of any disgraceful conduct. (2) The Government may likewise renove any Councillor from office if such Councillor has in the opinion of the Government become incapable of performing hin duties as a Councillor : provided that no Councillor shall be removable under this sub-aection for becoming incapable of performing his duties as the Premident or the ,Vice-President, as the case may be. (3) lo resolution rcaonmending the removal of any Councillor for the purposes of sub-section (1) or (2) nhall be passed by a council and no order of removal shall be made by the Government, unless the Councillor to whom it relates has been given a reasonable opportunity of showing cause why such recornendation or order am the cage may be, mhould not be made. (4) In every case the Government makes an order under sub-section (1) or (2) , the Councillor ahall be disqualified from ,becoming a Councillor, or a Councillor or member of any other local authority for a period of five years from the date of such order.

Notwithstanding that a Councillor han remigned his office under section 43 if he is subsequently found guilty under sub-section (1) of section 44, the Government may disqualify him from becoming a Councillor or a Councillor or member of any other local authority for a period of flve years from the dhte of its order r Provided that no much action ahall be taken against any person after the expiry of one year from the date of his resignation and without giving him a reasonable opportunity of being heard.

1. (1) A Councillor shall be disqualified to hold off ice as such, if at any time (a) is or becomes subject t-o any of the disqualifications specified in section 16 except the disqualifications specified in clause (j) of sub-section (1) of that sectiorf: (b) as a Councillor or as a me& cobittee of the Council votes in favour of any matter in which he has directly or indirectly by himself or his partner any such share or 1ntre.t as is discribed in clauses (a), (b), (c), (d), and (g) of sub-section (2) of section 16, whatever may be the value of such share or interest or in which he is professionally interested on behalf of a client, principal or other person I or (c) is grofeesionably interested or engaged in any case for or against the council: (d) absents him7self during four successive month from the meetings of the Council except the leave of absence granted by the council by a resolution on his written request for such leave ; and he shall be disabled subject to the provisions of sub-section (3) from continuing to be a Councillor and his office shall become vacant : Provided that - (i) a Councillor shall not be disqualified under clause (c) if he is engaged for the Council without receiving any remuneration therefor or appears and cbunducts his own case in- a court of law or before any authority under this Regulation against the Council irrespective of whether such a Councillor is a legal practitioner by profession or not ; (ii) for the purpose of clause (d), when the Councillor applies for leave, such leave shall be deemed to have been granted unless it ia refused within period of sixty days from the date of his application. (2) When a Councillor, incurs ahy of the disqualification in mub-section (1) it ahall be the duty of the Chief Officer to submit a report to the Collector within one month of his becoming aware of the disqualification through any source whatsoever. (3) In ever;'. case the authority to decide whether a vacancj kas arisen shall be the Director. The Director may give his decirion on receipt of the report of the Chief Officer under Sub-section (2) or on him own motion or on an application made to him b y a voter and such deciaion shall be conununipted to the Councillor concerned,. the Chief officer and the applicant, . if any. Until the Diretor decides that a vacancy has ariaen and such deciaion ia o o v i c s t e d as povided above, the Councillor shall not be deemed to have ceased to hold of fie=. (4) Any pbrwn aggrieved by the decision of the Director may within a period of fifteen days. from the date of receipt of the decision of the Director by him, appeal to the Adainiatrative Tribunal and the orders mssed bv the Adminirtrative T r i b u ~ l nhall be final- : Provided 'that. no order shall be passed under sub-asction (3) by the Director or under sub-section (4) by the Administrative Tribunal in appal, against any Councillor without giving him a reasonable opportunity of being heard. Explanation.- If any elected Councillor were subject to any dirqualification specified in section 16, at the time of his election, and continue. to be so disqualified, the disqualification shall, for the purposes of thia aection, be deemed to have been incurred during the term for which he is elected.

1. (1) The Chief Officer shall prepare and forward to the Director by the fifteen day of April, July, October, and January every year a list of all the Councillors (including the Premident and the Vice-President) wbo, on the 1st day of April, July, October, and January, respectively, immediately preceding, have failed to pay any tax or taxes due by them to the Council within two months from the date an which such tax became payable, and the amount due from each by way of each such tax. A copy of the list shall be placed before the Council at it next meeting. (2) The Chief Officer shall also issue to every Councillor included in such list, simultaneously a special notiae in the prescribed form requiring him to pdy th+ amount of tax due from him within one month from the date of the issue of such notice. (3) The Chief Officer shall forward to the Director by the last day of May, August, November, and February, immediately following, a statement showing - (i) the name of each Councillor included in the list prepared under sub-section (1) ; (ii) the amount of tax due from each such Councillor by way of dach such tax and the date on which it became payable; (iii) the date of the special notice issued to such Councillor under sub-section (2) ; and (iv) the amount of tax paid by the Councillor and the rea'aons for the non-payment of the balance, if any. (4) On reheipt of the statement under sub-sebtion (3) , the Director shall iasue a special notice to each Cbuncillor who has failed to pay any tax by the date specified in the notice under sub-section (2) calling upon him to mtate within one month from the date of the special notice why he should not be disqualified and his office declared vacant. (5) If the Councillor fails to give an explanation to the satisfaction of the Directors for the non-payment of the taxes, the Director shall issue an order disqualifying such Councillor and his office shall thereupon be vacant :

A person who ceases to be a Councillor for any reason whatsoever shall ipso facto vacate all the offices held by him by virtue of his being a Councillor.

1. (1) Where a vacancy occurs through the non-acceptance of office by any Councillor or such person being disqualified for becoming or continuing to be a Councillor, or any election being set aside under the provisions of section 22 or the death, resignation, removal or disability of a Councillor previous to the expiry of his term of office, the vacancy shall be filled by a bye-election. Provided that no bye-election shall be held to fill up a vacancy occurring within six months prior to the date on which the term of Council expires. (2) The Chief Officer shall report to the Director every vacancy in the office of a Councillor within fifteen days of the occurrence of the vacancy or within fifteen days of his becoming aware of the vacancy, whichever is later.

1. (1) Except as otherwise provided in this Regulation, the municipal Government of a municipal area shall vest in the Council. (2) In addition to the duties imposed upon it by or under this Regulation or any other law for the time being in force, unless the Government otherwise directs it shall be the duty of every Council to undertake and to make reasonable provision for the following matters within the limits of the municipal area, and when effective measures cannot otherwise be made then even outside the said limits, namely :- (a) lighting public streets, places and building; (b) watering public street and places; (c) cleansing public streets, places and sewers, and all spaces, not being private property, which are open to the enjoyment of the public, whether such spaces are vested in the Council or not; removing noxious vegetation; and abating all public nuisances; (d) extinguishing fires, and protecting life and property when fires occur; (e) regulating of abating offensive or dangerous trades or practices; (f) removing obstructions and projections in public streets or places and in spaces, not being private property, which are open to the enjoyment of the public, whether such spaces are vested in the Council or in Government; (g) securing or moving dangerous buildings or places, and reclaiming unhealthy localities; (h) acquiring and maintaining changing and regulating places for the disposal of the dead; (i) constructing, altering and maintaining public streets, culverts, municipal boundary marks, markets, slaughter-houses, latrines, privies, urinals, drains, sewers, drainage-works, sewerage works, baths, washing places, drinking fountains, tanks, wells, dams and the like; (j) obtaining a supply or an additional supply of water, proper & sufficient for preventing danger to the health of the inhabitants from the insufficiency or unwholesomeness of the existing supply, when such supply or additional supply can be obtained at a reasonable cost; (k) naming streets and numbering of premises; (l) public vaccination; (m) suitable accomodation for any calves, cows or buffaloes required within the municipal area for the supply of animal lymph; (n) printing such annual reports on the municipal administration of the municipal area as the Government by general or special orders requires the Council to submit; (o) erecting substantial boundary marks of such description and in such position as shall be approved by the Collector, defining the limits or any alteration in the limits of the municipal area; (p) disposing of night-soil and rubbish and if so required by the Government, preparation of compost manure from such night-soil and rubbish; (q) providing special medical aid and accommodation for the sick in time of dangerous or communicable disease and taking such measures as may be required to prevent the outbreak or to suppress and prevent the recurrence of such disease; (r) giving relief and establishing and maintaining relief works in time of scarcity or for destitute persons within the limits of the municipal area; (s) imposing compulsory taxes which are specified in section 181; (t) establishing and maintaining public dispensaries and providing public medical relief and organising Family Planning Centres; (u) establishing and maintaining primary schools; (v) Preparation of plans for economic development and social justice and the performance of such functions and the implementation of such schemes as may be entrusted from time to time by the Administrator to a Council including those in relation the matters referred to in sub-sections (2) and (3). (3) A Council may, at its discretion provide, either, wholly or partly, out of the municipal property and funds for- (a) laying out, whether the areas previously built upon or not, new public streets, and acquiring the land for that purpose, and the land required for the construction of buildings or curtilages thereof to abut on such streets; and also planting and maintaining road-side and other trees; (b) establishing and maintaining public hospitals, institutions for primary and secondary education, libraries, museums, lunatic asylums, gymnasiums, akhadas, and home for disabled destitute persons and constructing and maintaining buildings therefor, along with such other public building like town halls municipal shops, dharmashalas; open air theaters and rest houses;

The term of office of the President and Vice-President shall be co-terminous with the term of the Council.

1. (1) The President may resign his office by tendering his resignation in writing to the Director.
2. (2) Such resignation shall take effect on the receipt thereof by the Director.

The provisions of the last preceding section shall mutatis mutandis apply in regard to resignation of his office by the Vice-President.

1. (1) A President or a Vice-President shall cease to be a President or Vice-President as the case may be, if the Council by a resolution passed by a majority of the total number of Councillors at a special meeting so decides.
2. (2) The requisition for such special meeting shall be signed by not less than one-fourth of the total number of Councillors and shall, if such meeting is to be convened for considering the resolution for removal from office.-
   • (a) of the President, or of the President as well as the Vice-President, be sent to the Collector;
   • (b) of the Vice-President, be sent to the President.
3. (3) The Director or, as the case may be, the President shall within ten days of the receipt of a requisition under Sub-section (2) convene a special meeting of the Council: Provided that, when the Director convenes a special meeting of the Council, he shall give intimation thereof to the President.
4. (4) A meeting to consider a resolution under sub-section (1), shall be presided over.-
   • (a) by the Director or any other officer authorised by him in this behalf, when a resolution for the removal of the President or of the President and Vice-President is under consideration, but he shall have no right to vote.
   • (b) by the President, when a resolution for the removal of the Vice-President is under consideration.

1. (1) Every President or Vice-President who absents himself from the municipal area-
   • (a) for a period exceeding three months at a time unless leave so to absent himself has been granted by the Council, or
   • (b) for an aggregate period exceeding six months during a year whether or not leave for such absence has been granted by the council, shall cease to be President or Vice-President, as the case may be.
2. (2) Leave under clause (a) of sub-section (1) shall be granted for a period exceeding six months during one year. Whenever leave is granted to a Vice-President a Councillor shall be elected by the Councillors from among their number to perform all the duties and exercise all the powers of the Vice-President, during the period for which such leave is granted.
3. (3) In every case the authority competent to decide whether a President or a Vice-President has ceased to be President or Vice-President under this section, shall be the Director. The Director may give his decision either on an application made to him by any voter or on his own motion. Such decision shall be communicated to the President or Vice-President concerned, the Chief Officer and the applicant, if any. Until the collector decides that a vacancy has arisen and such decision is communicated as provided above the President or Vice-president shall not be deemed to have ceased to be President or Vice-President, as the case may be: Provided that no order shall be passed by the Director against any President or Vice-President under this section without giving him a reasonable opportunity of being heard.
4. (4) Any person aggrieved by the decision of the Director may, within a period of fifteen days from the date of communication of such decision, appeal to the Administrative Tribunal and the decision of the Administrative Tribunal on such appeal shall be final.

1. (1) On the election of a new President or Vice-President, the retiring President or Vice-President in whose place the new President or Vice-President has been elected shall hand over charge of his office to such new President or Vice-President, as the case may be.
2. (2) Every President or Vice-President who resigns his office or is removed from office or ceases to be President or Vice-President for any reason other than the election of a new President or Vice-President shall hand over charge of his office-
   • (i) to the Vice-President, if he is the President,
   • (ii) to the President, if he is the Vice-President.
3. (3) If any President or Vice-President refuses to hand over charge of his office as required under sub-section (1) or sub-section (2), the Director may, by order in writing, direct the President or the Vice-President, as the case may be, to forthwith hand over charges of his office and all papers and property of the Council, if any in his possession as such President or Vice-President, to the persons specified in sub-section (1) or sub-section (2) and such President or Vice-President to whom a direction has been issued under this sub-section shall hand over charge as required by the Director.
4. (4) If any President or Vice-president to whom a direction has been issued under sub-section (3) does not comply with such direction, he shall, on conviction, be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to Rs. 2,000, or with both.

1. (1) Subject to the provisions of this Regulation and of any rules and bye-laws framed thereunder, the President of a Council shall-
   • (a) preside, unless prevented by reasonable cause, at all meetings of the Council and regulate the conduct of business at such meetings;
   • (b) watch over the financial and executive administration of the Council;
   • (c) perform such executive functions of, and exercise such powers as are conferred upon him by or under this Regulation or any other law for the time being in force;
   • (d) exercise supervision and control over the acts and proceedings of all officers and servants of the Council in matter of executive administration and in matters concerning the accounts and records of the Council; and
   • (e) furnished to the Government or the Director or the Collector or any other Government officer authorised by the Government from time to time, such reports returns or records as may be prescribed by rules or as may be called for at any time by the Government, the Director, the Collector or such officer.
2. (2) The President may, in cases of emergency, direct the execution or stoppage of any work or the doing of any act which requires the sanction of the Council and the immediate execution or doing of which is, in his opinion, necessary for the service or safety of the public, and may direct that the expenses of executing such work or doing such act shall be paid from the municipal fund: Provided that-
   • (a) he shall not act under this section in contravention of any order of the Council prohibiting the execution of any particular work or the doing of any particular act; and
   • (b) he shall report forthwith the action taken under this section and the reasons therefor to the Standing Committee and the Council at their respective next meeting.

1. (1) It shall be the duty of the Vice-President of a Council-
   • (a) in the absence of the President and unless prevented by reasonable cause, to preside at the meeting of the Council;
   • (b) whenever there is a casual vacancy in the office of the President, to exercise all the powers and to perform all the duties of the President, pending the election or, as the case may be, nomination of a new President;
   • (c) to exercise such of the powers and perform such of the duties of the President as the President may from time to time depute to him;
   • (d) during the absence of the President, to exercise the powers and to perform the duties of the President.
2. (2) The Vice-president shall be the ex-officio Chairman of such one of the Subjects Committees, if any, as the Council may determine.

In the event of the offices of the President and the Vice-President of a Council becoming vacant simultaneously, pending the election of a new president, the powers and duties of the President shall be exercised and performed by the Director of such other officer as the Director may in this behalf appoint.

The Government may prescribe the rates of honorarium or allowances to be paid to the President and members of the Council by rules made in this behalf.

1. (1) Every municipal Council shall appoint a Standing Committee and may appoint such Subjects Committees, as it may deem necessary. (2) The Standing Committee shall consist of such number of members as the Council may determine, so however that the number of members so determined shall not exceed one third of the total number of Councillors. Provided that in so determining the number of the member of the standing Committee, a fraction shall be ignored. (3) If the Council decides to appoint any Subjects Committee, such Committee shall consist of not more than five members, as it may determine. (4) The President shall, within seven days of his election as President under section 52 call a special meeting of the Council for the purpose of- (a) determining the number of members of the Standing Committee; (b) determining the Subjects Committee or Committees, if any, to be appointed and the number of members of each such Committee and If more than one such Committee are to be appointed, the subjects Committee of which the Vice-president shall be the ex-officio Chairman; and (c) electing members for the Standing Committee and the Subjects Committee or Committees if any, in the manner prescribed by the Government. (5) If more than one subjects Committee are to be appointed, the Chairman of the Subjects Committee other than that of which the vice-President is to be the ex-officio Chairman, shall be elected by the members thereof, at the meeting convened under sub-section (4).

The Standing committee referred to in sub-section (1) of the last preceding section shall consist of- (a) the President of the Council as the Chairman, (b) the Chairman or Chairmen of the Subjects Committees, if any, appointed under clause (b) of sub-section (4) of that section, and if no such subjects Committee is appointed, the vice-President, as the member or members; and (c) such other members elected by the Councillors from amongst their number in the manner laid down in clause (c) of sub-section (4) of section 63, so however that the total number of members of the Standing Committee shall not exceed the number determined under clause (a) of sub-section (4) of the said section: Provided that no Councillor shall be eligible to be a member of the Standing Committee, if he is already elected as a member of more than one Subjects Committee.

A council may from time to time appoint Special Committees consisting of such Councillors and for such duration as it may determine, and may refer to such Committees such special subjects or matters relating to the purposes of this Regulation, for opinion or enquiry and report as the Council may think fit. The Council may at any time discontinue or alter the constitution of any such Committee. Such Committee may be directed by the Council to submit its report or opinion, either to the Council, the Standing Committee or any of its Subjects Committees.

1. (1) The term of office of the Chairman of the Standing Committee shall be co-terminous with his term of office as President. (2) The term of office of the Chairman of a Subjects Committee of which the Vice-President is the ex-officio Chairman shall be co-terminous with his term of office as Vice-president. (3) The term of office of the Chairman of other Subjects Committees and of the members of the Standing Committee and all Subjects Committees shall be one year or for the residue of their term as Councillors, whichever is less, but each of them shall be eligible for re-election: Provided that, if any such Chairman absents himself from the municipal area for an aggregate period exceeding six months during the term of office, whether with or without leave of Council, he shall cease to be the Chairman.

A vacancy occurring in any Committee of a Council due to any reason whatsoever, shall as soon as possible, be filled up by the election of a member thereto, subject to the same provisions as those under which the member whose place is to be filled up was elected.

Each council shall make bye-laws to provide for the following matters :- (a) allotment of subjects to the Standing Committee and the Subjects Committees (if any): Provided that the subjects of transport undertaking, finance and welfare of conservancy shall be allotted to the Standing Committee, and the subjects of fairs and pilgrims to the Sanitation, Medical and Public Health Committee, and where such Committee is not appointed to the Standing Committee; (b) extent of powers of the Council under this Regulation or any other law for the time being in force to be exercised by the Standing Committee and the Subjects Committees (if any) in respect of the subjects allotted to such Committees.

The powers of financial sanctions of the Standing Committee, and the Subjects Committees of a Council shall not exceed Rs. 50,000 and Rs. 10,000 respectively: Provided that the Standing Committee or the Council shall not sanction any project or scheme involving construction of such a road, bridge, building or drainage scheme costing over Rs. 10,000 unless prior technical sanction therefor is obtained from such competent authority as the Administrator may prescribe.

1. (1) All Subjects Committees shall be subordinates to the Standing Committee in addition to the Council. (2) The Standing Committee shall be subordinate to the Council. (3) The Subjects Committees shall report all their decisions as soon as may be to the Standing Committee for information. (4) The Standing Committee shall report as soon as may be all its decisions, including its decisions on the decisions of the Subjects Committees, to the Council for its information. (5) If the directions of the Council to a Subjects Committee conflict with the directions of the Standing Committee to that Subjects Committee, the directions of the Council shall in all cases prevail.

1. (1) The Government shall, by notification in the Official Gazette, appoint a Director of Municipal Administration. His jurisdiction shall extend to the entire Union territory. (2) The Director, and the Collector of each district, shall exercise such powers and perform such duties as are conferred and imposed upon them by this Regulation or any rule made thereunder. The Government may, by notification in the Official Gazette, direct that any power (except the power to make rules) or duty which by this Regulation or by any rule made thereunder is conferred or imposed upon it shall, in such circumstances and under such conditions, if any as may be specified, be exercised or performed also by the Director or the Collector. (3) Notwithstanding anything contained in sub-sections (1) and (2), the Government may, by notification in the Official Gazette, appoint an Additional Director of Municipal Administration having jurisdiction over such part of the Union territory and with such powers as may be specified in this behalf in the said notification.

1. (1) There shall be a Chief Officer for every Council. (2) A Council may, with the sanction of the Director and if so required by the Government, shall, create all or any of the following posts, namely:- (i) a Municipal Engineer; (ii) a Water Works Engineer; (iii) a Municipal Health Officer; (iv) a Municipal Auditor;

1. (1) A Council may, with the sanction of the Director, create such posts of officers and servants other than those specified in sub-section (1) and (2) of the last preceding section as it shall deem necessary for efficient execution of its duties under this Regulation. (2) The qualifications, pay allowances and other conditions of service and the method of recruitment of any such officers and servants: (a) if the minimum salary (exclusive of allowances) of the post is less than Rs. 120/- per month, shall be determined by bye-laws made by the Council in this behalf; and (b) if the minimum salary (exclusive of allowances) of the post in Rs. 120/- or more, shall be determined by general or special order made by the Director in this behalf. (3) The Council shall, subject to the approval of the Director, decide the manner in which and the terms and conditions under which the existing officers shall be absorbed in the posts created under sub-section (1). (4) (a) The power of making appointment to any post referred to in clause (a) of sub-section (2) shall vest in the Standing Committee, and if the Council decides, in the President. (b) The power of making appointment to any post referred to in clause (b) of sub-section (2) shall vest in the Council or in the Standing Committee if the council so decides. Explanation: For the purpose of this section and sub-section (6) of section 72 the term "existing officer" or "existing servant" means an officer or servant respectively of an existing Council within the meaning of section 339.

1. (1) The Chief Officer shall: (a) Subject to the control, direction and supervision of the President, supervise the financial and executive administration of the Council and exercise such powers and perform such duties and functions as may be conferred or imposed upon him or allotted to him by or under this Regulation; (b) take steps to give effect to all the decisions or resolutions of the Council; (c) cause to be maintained and supervise the accounts and registers of the Council; (d) subject to the orders of the competent authority, take prompt steps to remove any irregularity pointed out by the Municipal Auditor; (e) prepare budget estimates and submit them to the Standing Committee; (f) report to the President and the Committee concerned all cases of fraud, embezzlement, theft or loss of municipal money and property; (g) exercise supervision and control over the acts and proceedings of all the officers and servants of the Council; (h) subject to the rules, by laws and general or special orders made under this Regulation, dispose of all questions such as the pay and allowances, leave and other privileges in respect of the officers and servants of the Council. (2) The Chief Officer may, with the sanction of the Council, delegate any of the powers or duties or functions conferred or imposed upon or allotted to him by or under this Regulation, to any municipal officer or servant: provided that such delegation shall be subject to such limitations, if any as may be prescribed by the Council and also to the control and revision by the Chief Officer.

The power and duties of all officers and servants of the Council, other than the Chief Officer, shall be such as the Standing Committee may specify from time to time.

1. (1) Without prejudice to the provisions of any law for the time being in force, the following penalties may for good reasons, be imposed upon any officer or servant of the Council: (i) Censure; (ii) Withholding of increments or promotion including stoppage at an efficiency bar; (iii) Reduction to a lower post on a fixed pay or a time scale or to a lower stage in a time scale; (iv) Recovery from his pay of the whole or part of any pecuniary loss caused to the Council by negligence or breach of orders; (v) Removal from the service, which does not disqualify from future employment; (vi) Dismissal from the service, which ordinarily disqualifies from future employment. (2) Any of the penalties mentioned in sub-section (1) may be imposed on an officer or servant of the Council by the authority competent to make the appointment of the officer or servant: Provided that the penalty mentione in items (i) and (ii) of sub-section (1) may be imposed on an officer of the council (other than an officer belonging to the common cadre specified in sub-clause (5) of section 72 or a servant of the Council, by the Chief Officer of the Council. Provided further that suspension of an officer or servant pending inquiry into the allegations against such officer or servant shall not be deemed to be a penalty and shall be ordered only by the authority competent to make appointment to the post held by such officer or servant. (3) No officer or servant shall be reduced to a lower post or rank or removed or dismissed from service under this section unless he has been given a reasonable opportunity of showing cause against such reduction, removal or dismissal; Provided that this sub-section shall not apply: (a) Where a person is reduced, removed or dismissed on the ground of conduct which has led to his conviction on a criminal charge; or (b) Where the competent authority is satisfied that, for reasons to be recorded in writing by such authority, it is not reasonably practicable to give that person an opportunity of showing cause. (4) In the case of any officer or servant holding any post permanently the minimum salary of which (exclusive of allowances) is Rs. 120 or more, no order of dismissal, removal or reduction in post or rank shall be passed without the prior approval of the Director. (5) In every case referred to the Director under the last proceeding sub-section, the Director shall not refuse to give his approval unless he is satisfied that: (i) the finding at the inquiry is perverse; or (ii) the penalty of removal or dismissal or reduction, as the case may be, is too severe. (6) Where the Director informs the Council or the Standing Committee that the finding at the inquiry is perverse, no further proceedings shall be taken against the officer or servant concerned in respect of the same matter. (7) (a) An appeal against any order imposing any penalty mentioned in sub-section (1) may be made to the authority superior to the authority imposing the penalty as shown below: (i) Chief Officer - Standing Committee; (ii) Standing Committee - Council; (iii) Council - Administrative Tribunal. (7) No such appeal may be entertained if not preferred within one month from the date of receipt of the order appealed against by the officer or servant concerned.

Every Council shall in re.apect of the officers and servant# of the Council, other than those referred to in subsections (1) and (2) of section 72, make by laws on the following matters, namely : (a) fixing the amount and nature of the security to be furnished by any employee is require to handle progerty, cash or securities belonging to the Council or by any other employee from whom it may be deemed ex edient to require security; (b) regulating the grant o f leave to the employees and the payment of leave salary and allowances to then whilst absent on leave; (c) determining the remuner;dtion to be paid to the persons appointed to act.for any of the said employees during their absence on leave; (d) authorising the paylaent:a# travelling or conveyance allowance to the employees; (e) regulating the period' of service of all employees; (f) determining the conditions under the employees or any of them shall, on retirement of discharge or in the event of injury'or dinabil,lit~. receive pension, gratuity or compassinate allowance and the conditions under which heiis or surviving relative& shall receive pension gratuity or compan'nionate allowance and the rate of amount of such pension gratunity or conpdnaionate allowance; (g) authorising payment of contributions out of the a Municip.a.1 Fund. to any pension or Provident fund which y y be e ~ w l i s h e d for the enef it of She eaplqyees; (h) determining subsistance a1 lowance, in of pay, during the period of suspension of any ixnployee, pending inquiry; (i) prescribe other conditions of service of the employees.

1. (1) There shall be held six ordinary meetings in each year for the disposal of general business, in every alternate month coryencing from the month in whidh the first meeting of the Council under section 52 is held, and such other ordinary meetings a the President may find necessary. It shall be the duty of the President to fix the,dates foj all ordinary meetings and to call such meetings. (2) The Preaident may, whenever he thinks fit, and shall, upon the written request of not leas than one-forth of the total number of Coupcillors and on a date not later than fifteen days after the receipt of such request by the President, call a special meeting. (3) If the President fails to call a meeting within the period .pacified in qlause (1) or clause (2); the Councillors rho had made a request for the special meeting being called, nay request the Dirticeor to call h special meeting. On receipt of such request, tlie Director, or any officer whom he may designate in this behalf, ehall call the special meeting on a date within 'fifteen days from the date of receipt of such request bi the' Director. Such meeting shall be;preaided over b;y.'$he Director or the officer designated, but he shall have no right to vote. (4) (a) ~evea' cl'dar da"ys,' notice of an ordinary meeting, and three clear d a ~ s " nqtke of a special meeting spkcifying the date, hour and place at which such mee~iiig and the business to be transacted thereat shall be served upon the ~ouncillors, and posted up at the municipal office. The hotice shall include any motion or proposition of which a Councillor, shall .have given written >otice, not less than ten clear days previous to the meeting, of hi= intention to bring forwa,rd thereat and in the case of a sbecial meeting, apy motion or proposition mentioned in any written request made or such meeting; (b) notwithstanding anything contained in sub-clause (a) in an emergency, for reasolrs to be recorded in writing, the President nay call a special meeting of the Council with only one day's notice served upon the Councillors and posted up at the municipal office. (5) Every meting of a coun'cil shall, except for reasons to be specified in the notice convening the meeting, be held in any of the buildings used as a municipal office by such Council. (6) Every meeting shall, in the absence of both the President and the Vice-President, be presided over by kuch one of the Councillors present as may be chosen by the meeting to ba'the Chairnan for the occasion and such Chairman ihall exercise thereat the powers vestea in the President by clause (a) of sub- section,(l) of section 59. (7) (a) The presiding authority shall preserve or8i~r at the'meeting. All points of order shall be aeoided by the presiding authorLty with or without discussion as it may deem fit, and the decision of the presiding authority shall be final; (b) (i) thi! prediding authority nay direct any Councillors whose conduct. is in its opinion 'disorderly to withdraw immediately frqm the meeting of the Council and any Counci&lor so ordered to withdraw shall' do aa forthwith a n d ' shall absent himself during the remainder of:ehe day's meeting: Provided that the 'presiding authority may withdraw such order on receiving an apology from the councillor or without auch 'apology; (ii) i f any Councillor who has been order t o withdraw continues t o repain i n the meeting, t h c resding.,, authprity qay take auch steps a s it may deem Pit to cause him t o be removed. (8) h e r y meeting s h a i l be open t o the public the presiding authority considets t h a t an inquiry o r del$berat.ion pending before t h e Council should b& held i n ' p r i ~ a t e Provided t h a t t h e presiding authority may a t any time cause. any person t o be removed who interrupts the' proceedings; (9) (a) The q u o r G , necermary f o r the transactibn of business- (i) a t an ordinary 'meeting s h a l i be pne-third of the total. number of Councillors; (ii) a t a special meeting shall be one-hal'f of the .total number of Councillors; Provided t h a t i n computing t h e quorum, a fraction shall be ignored; (b) jf it 'any t i m e dd'ing a meeting the presiding authoritp notices o r if it is brought the notice of the presiding authority t h a t the number of Councillors present including the presiding. authority f a l l s short of the quorum required, the presiding authority #hall a f t e r baiting f o r not 1q.s than f i f t e e n minutes and not more than thirty minute. adjourn the meeting to such hour on the following o r bone o t h e r f u t u r e day a s it may reasonably f i x . A notice of such adjournment shall be posted up a t the .municipal o f f i c e and the wusine(rs. w6ich w6uld , have been brought before',' the original meeting, had t h er been a auor- thereat. but no other business s h a l l be brought before the adjourned meeting and may be digpoqed',df :at quch meeting. (10) Except with t h e permission of the presiding authority (which =ha13 not be give0 i n the case of a motion or .proposition. t o modify o r cancel any resolutfionwithin t h r e e months a f t e r the passing thereof) no business ahall be transacted and no proplosition shall be discussed a t any m e t i n g unlese it had been mentioned i n the notice convening such meeting o r i n the case of a special meeting i n the written request for such meeting.

79. Meetings of Committees. - The following provi~ions shall apply to meeting of Committees :-(l)>'Subject to any general or special orders of the committee, the ordinary meetings of a Committee shall be held on such days and at such time as the Chairman may fix. ( 2 ) Upon the written request of the President or of not 1ess.than one-forth of the members of the Committee, the Chairman shall call a special meeting of the Committee on a date not later than seven days after the receipt of such request : Provided that in computing one-forth of the members, a fraction shall be ignored. ( 3 ) If the Chairman of a Committee has been absent from the municipal area for a period exceeding fifteen days or if the Chairman fails to call a meeting within the period specified in clause ( 2 ) , the President or in his absence the Vice-President may call a meeting of the Committee. ( 4 ) If the Chairman, the President and the Vice-President fail to call a meeting as required by clause ( 2 ) or ( 3 ) , one-third of the members of the Conmittee or two members, whichever is more, may call auch meeting : Provided that, in computing one-third of the members a fraction shall be ignored. ( 5 ) (a) A notice of every meeting specifying the date on which and the time and the place at which such meeting is to be held and the business to be transacted thereat shall be served upon each member of the Committee and shall also be posted up at the municipal office at least three clear days before the.date of the meeting; (b) notwithstanding anything contained in sub-clause (a), in an emergency, for reasons to be recorded in writing, the Chairman may call a meeting of the Comittee with only one day's notice eerved upon the members and posted up at the municipal off ice. ( 6 ) One-half of the member. of a Committee shall form a quorum but such number shall not be less than two. Provided that, in computing one-half of the ,embers, a fractiqp.ahal1 be ignored. (7), Every meting of a Committee shall be presided over by the Chairman and in.the absence of the Chairnan, by one of the members of the Comittee , as may be chosen by the meeting to preside. (8) The Government may make rules in respect of matters relating to the conduct of business at meeting. of Committees not provided for in this section. (9) Save as otherwise provided, by clause. (1) to ( 7 ) and the rules made under clause (a), the provision. of clauses (5). ( 7 ) . (I#), (ll), (121, (13), (14). (15), (17) and (18) of the last preceding section and the rules made under clause (19) of that section shall mutatis3mu;$ydis apply to the meetings of all 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. (1) The Chief Officer shall, unless prevented by reasonable cause, be present at every meeting of the Council. The Chief Officer may and if so required by a Comittee shall be present at the meeting of the Committee. ( 2 ) The Chief Officer may, with the permission of the presiding authority or the Courtcil, make an explanation or a statement of facts in regard to any subject under diacunsion at such meeting, but shall not vote upon or make any proposition at such meeting. ( 3 ) The Council or a Committee may require any of the Offlcers of the Council to attend any meeting of the Council or the Cgmmittee at which any matter with which such officer is concerned in being discussed. When any ,officer is thus required to attend any such meeting, he may be called upon to make a statement or exelanation of facts or supply any information, but hall not be entitled to vote or to make any proposition at such meeting.

81. Power of Council or Cormittee io require infbrmation,, -document, etc., from Chief &Officer. - ( 1 ) The.Council:.or any Committee may require, from the Chief Officer- (a) any eeturn, stateNent, es~timate, statistic* or plan or othe'r . information regarding any ,'.matter pertaining to the administration of the Council ; (bf report or clhrificat'idn on. any such , , matter ; and (c) a copy of any ?ecord, correspondence, ' plan or other document which is in his.,posses- sion or 'under his control in his ozficial capacity or which is recorded oj filed in his office or in the office of any officer or servant subordinate .to him. ( 2 ) The Chief Officer All comp1.y with any requisition . under sub-seatian (1) unless : 'he- is of. opinion that compliance therew?th will be- prejudicial to the interest of the Council or of the public, in which case, he shall refer., such requisition to the President and abide by the' deciehn of' the President.

1. (1) No disqualification of or defect in the electlon or appointment of any person acting as Councillor or as the President or presiding authority of any meeting or as Chairman or member of a Comittee ap inted under this Regulation shall be deemed to viate any act or proceedings of the Council or of any such Committee, as the case may be, in which such person has taken part, where ever the majority of persons, parties to such act or proceedings, were entitled to act.\n\n(2) No rerolution of a Council or of any such Committee shall be deemed invalid on account of any irregularity in the service of notice upon any Councillor or member, provided that the proceedings of the Council or Committee were not prejudicially affected by such irregularity.\n\n(3) Until the contrary is proved, every meeting of a Council or of a Comittee appointed under this Regulation in respect of proceedings where of a minute has been made and signed in accordance with this Regulation or the rules made thereunder, shall be deemed to have been duly convened and held and all the members of the meeting shall be deemed to have been duly qualified ; and where the proceedings are the proceedings of a Committee, such Comittee shall be deemed to have been duly constituted and to have had the power to deal with the matters referred to in the minute.\n\n(4) During any vacancy in a Council or Committee the continuing Councillors or members may act as if no vacancy had occurred.

1. (1) Subject to any special reservation made or any special conditions imposed by Govement, property of the nature hereinafter in this section specified, (not being of private ownership) and situate within the limits of the municipal area shall vest in and be under the control of the Council, and with all other property which has already vested or may hereafter vest in the Council, shall be held and applied by it for the purposes of this Regulation, that is to say,-\n\n(a) all public town-walls, gates, markets, slaughter-houses, manure and night-soil depots and all public buildings of every description which have been constructed or are maintained out of the municipal fund ;\n\n(b) all public sewers arid drains, and all sewers, drafis culverts and watercourses, in alongside or under any street, and all works materials and things appertaining thereto; constructed or mainteained out of Municipal funds ;\n\n(c) all dust, dirt dung, ashes, refuse, animal, matter or filth, or rubbish of any kind and, all unclaimed dead bodies of animals, collected by the Council froin the streets, houses, privies, sewers, cess-pools or elsewhere, or desposited in places fixed by the Council in that behalf ;\n\n(d) all public lamps, lamp-posts and apparatus connected therewith or appertaining thereto, constructed or maintaified out of Municipal funds ;\n\n(e) all lands buildings or other property transferred to the Council by the Central Government or the Government or acquired by gift, purchase or otherwise for local public purposes ;\n\n(f) all lands, building or other property specified in clauses (a), (b) and (d) belonging to or constructed by the Central Government or the Government and which may be transferred to the Council by the said Government ; and\n\n(g) all public Streets, (excluding national highways and such roads as may be specified by the Government in this behalf by order published in the Official Gazette) not being open spaces or lands owned by Government and the pavements; stones and other materials thereof, and also all trees, erections, materials, implements and things provided for such streets.\n\n(2) The lands and buildings belonging to Government and transferred to a Council under clause (e) of sub-section (1) shall not, unless otherwise expressly provided in the instrument or order of transfer, belong by right of ownership to the Council, but shall vest in it subject to the terms and conditions of the transfer. On the breach of any of the said terms or conditions, the land or the building, as the case may be, with all things attached to such land or building including all fixtures and structures shall revest in Government and it shall be lawful for Government to resume possession thereof and make such orders as to its management or disposal, as it may deem fit, without payment of compensation.

1. (1) In any municipal area to which a survey of lands, other than lands ordinarily used for the purposes of agriculture only, has been or shall be extended under any law for the time being in force, where any property or any right in or over any property is claimed by or on behalf of the Council, or by any person as against the Council, it shall be lawful for the Collector after inquiry of which due notice has been given, to pass an order deciding the claim.\n\n(2) Any suit instituted in any civil court after the expiration of one year from the date of any order passed by the Collector under sub-sections (1) or, if one or more appeals have been made against such order within the period of limitation, than from the date of any order passed by the final appellate authority as determined according to law for the time being in force in the Union territory shall be dismissed (although limitation has not been set up as a defence) if the suit is brought to set aside such order if the relief claimed is inconsistent with such order, provided that the plaintiff has had due notice of such order.\n\n(3)\n(a) The powers conferred by this section on a Collector may also be excercised by Deputy Collector ;\n(b) the inquiry refferred to in this section shall be conducted in accordance with the provisions relating to conduct of formal inquiry or inquiry contained in any relevant law for the time being in force in the Union territory.

1. (1) All moneys received by or on behalf of a qouncil by virtue of this Regulation or any other law for the time being in force, all taxes, fines and penalties paid to or levied by it under this Regulation, other than fines imposed by any Court, all proceeds of land or other property sold by the Council, and all rents accruing from its land or property, and all interest, profits and other moneys accruing by gift or transfer from the Government, or private individuals or otherwise, shall constitute the municipal fund, and shall be held and dealt with in a similar manner to the property specified in section 84 and section 93, respectively:\n\nProvided that---\n(a) nothing in this section or in section 84 shall in any way affect any obligation, accepted by or imposed upon any Council by any declarations of trust executed by or on behalf of such Council or by any scheme settled under the Charitable Endowments Act, 1891, for the administration of any trust, or by a trust of the nature specified in clause (b);\n(b) a Council may, subject to the condition that reasonable provision shall be made for the performance of all obligations imposed or that may be imposed on it by or under this Regulation or any other law for the time being in force, after crediting the necessary sums to the funds created under section 87, credit to a separate heading in the municipal accounts any portion of the municipal fund received or set apart by it specially for such purposes as the Director in this behalf approves, and the Council shall apply sums so credited exclusively to the special purposes for which such sums were received or set apart;\n(c) (i) every Council which levies a tax on pilgrims resorting periodically to a

Every Council shall build up a Salary Reserve Fund within a period of three financial years by transferring annually on or before the 31st day of December a sum equal to the total of one month's salary and allowances of all the officers and servants of the Council, Neikher during the period of three years aforesaid nor thereafter, shall it be competent for the Council to incure any expenditure from this fund, except with the previous sanction of the Director. The Director may give his sanction if he is satisfied that the proposed expenditure is for the payment of, salaries and allowances, and cannot be incurred from the unreserved funds of the Council. Such sanction shall further be subject to the condition that no expenditure from the municipal fund shall be incurred thereafter except for the purposes specified below in order of priority, till the salary Reserve Fund is fully recouped :-(a) recoupment of the salary Reserve Fund, (b) payment of salaries and allowances. The Director shall ales prescribe the period and the monthly instalment by which the said fund shall be recouped, which period in no case shall exceed six months.

1. (1) No Council shall transfer any of its immovable property without the sanction of the Government.
2. (2) A Proposal of such transfer shall be accompanied by a resolution of the Council passed at a meeting by a majority of not less than two-thirds of the total number of Councillors and ahall in no way be consistent with the rules made in this behalf by the Government.
3. (3) Notwikhetanding anything contained in subsection (1), a Council may lease its immovable property for a period not e x c e i n g three years, and the lessee shall not be allowed to make any permanent Constructions on euch immovab l e property. Such lease may be renewed by the Council beyond the period of three years with the permission of the Director, so however, that the total period of any leaie shall not exceed seven years. No such lease or any renewal thereof aka11 be granted unless supported by a resolution passed at a meeting of the Council.

1. (1) In the case-(a) of every contract which will involve expenditure not covered by a budget grant, (b) of every contract the performance of which cannot be completed within the official year current at the date of the contract, - the sanction of the Council by a resolution pass@ at an ordinary meeting shall be necessary. (2)(a) Every contract under or for any purpose of this Regulation shall be made on behalf of the council by the Chief Officer; (b) No such contract which the Chief Officer is not empowered by this fiegulation to harry out without the approval or sanction of some other muncipal authority shall be made by him until or unless such approve1 or sanction has first of all been duly given; (c) No contract which will involve an expenditure exceeding Rs. 1586, shall be made by the Chief Officer unless otherwise authorised in this behalf by the Council, except with the approval or sanction of the Council; (d) Every contract made by the Chief Officer involving an expenditure exceeding 75 per cent of thi limit in clause (c) but not exceeding that limit shall be reported by him within fifteen days after the same has been made to the Council. (e) The foregoing provisipns of this section shall apply to every variation or discharge of a contract to the same extent as to an original contract.
2. (3) Every contract entered into 'by a Chief Officer on bqhalf of a Council shall be-entered into in such manner and form as would bind such Chief Officer if such contract were on his own behalf, and may in the like manner and form be varied or discharged: Provided that-(a) wherP any such conqract, if entered into by a chief Officer, would require to be under seal, the same shall be sealed with the common seal of the Council; (b) every contract for the execution of any work or for the supply or any material or goods which will involve an expenditure exceeding five hundred rupees shall be in writing and shall be sealed with the common seal of the Council and shall specify the work to be done or the materiala or goods to be supplied, as the case may be, the price to be paid for such work, materials or goods and in the ease of a contract for work, the time or times within which the same or specified portions thereof shall, be completed.
3. (4) The common seal of the Council shall not be affixed to any contract or other instrument except in the presence of two members of the Standing Committee who shall attach their signatures to the contract or instrument in token that the same was sealed in their presence. The signature of the said members shail be distinct from the signatures of any witnesses to the execution of any such contract or instrument.
4. (5) A contract not exkCuted in the manner provided in this section shall not be binding on the Council.
5. (6) Except as is otherwise providea in sub-section (2), a Chief officer shall before 'entering into any contract for the execution of any work or the supply of any materials or goods which will involve an expenditure exceeding one thousand rupees give notice by advertisement in a local newspaper, inviting tenders for such contract: Provided that at least clear seven days shall be allowed to elapse between the date of the publication of the advertisement in the newspaper inviting tenders and the last date fixed for the receipt of tenders by the Chief Officer.
6. (7) The Chief officer shall not be bound to accept any tender which may be made in pursuance of such natice, but may, with the approval of the Council, accept any of the tenders so made which appears to him, upon a yiew of all the ciycumstances, to be the most advantageous or may reject all the tenders kubmitted to him.
7. (8) A Council, after obtaining the approval of the Collector, may authorise the Chief Officer, for reasons which shall be recorded in its prgceedings, to enter into a contract without inviting tenders as herein provided or Without accepting any tenders which he may receive aftei, having infited them.
8. (9) A Chief Officer bhaill require' security for the due performance of 'every contract into which he enters under sub-secti~n (6) and may, in his discretion, require secprlgy for the due performance of any other contract info which he enters under this Regulation,

1. (2) If any such officer or servant is so concerned or interested or, under colour of his office or employment, accepts any fee or reward whatsoever other than his proper salary or allowances, the appropriate authority may declare that he shall be incapable afterwards of holding or continuing in any office or employment under the Council. (3) Nothing in this section shall bar a prosecution under the next succeeding section.

1. (1) If any Councillor, or any officer or servant of a Council, without the written permission of the Director, is directly or indirectly interested in any contract made with such Council, he shall be deemed to have committed an offence under section 168 of the Indian Penal Code. (2) A Councillor or an officer or servant of a Council shall not, by reason only of being a shareholder in, or a member of any company, or co-operative society, be deemed to be interested in any contract entered into between the company or the society and the Council.

1. (1) If any Councillor or an officer or servant of a Council makes or directs to be made any payment or application of any money or other property belonging to or under the control of such Council to any purpose not authorised by or under this Regulation, or assents to, or concurs with or participates in any affirmative vote or proceeding relating thereto, he shall be individually liable to such Council for the loss or damage caused thereby, unless he proves that he acted in good faith and with due care and attention. (2) Every Councillor or officer or servant of a Council shall be liable to such Council for the loss of any money or the loss of, or damages to, other property belonging to it or under its control, if such loss or damage is a consequence of his negligence or misconduct. (3) No suit shall be instituted by a Council against any Councillor thereof under sub-section (1) or sub-section (2), except with the previous sanction of the Government. (4) Notwithstanding anything contained in sub-section (3), a suit under sub-section (1) or sub-section (2) may be instituted by the Government. (5) No suit shall be instituted under this section after the expiration of six years from the date when the cause of action arose.

The municipal fund and all property vested in a Council shall be applied for the purposes of this Regulation within its area: Provided that it shall be lawful for the Council with the sanction of the Director or any officer duly authorised by him in this behalf.— (a) to incur expenditure in the acquisition of land or in the construction, maintenance, repair or purchase of works beyond the limits of its area for the purpose of obtaining a supply of water required for the inhabitants of the municipal area or of providing the supply of electrical energy or gas for the use of the inhabitants of the municipal area or of establishing slaughter-houses or places for the disposal of night-soil or sewage or carcasses of animals or for drainage works or for the purpose of providing mechanically propelled transport facilities for the conveyance of the public or for the purpose of setting up of dairies or farms for the supply, distribution and processing of milk or milk products for the benefit of the inhabitants of the municipal area, or for any other purpose calculated to promote the health, safety or convenience of the inhabitants of the municipal area; or (b) to make a contribution towards expenditure incurred by any other local authority or out of any public funds for measures affecting the health, safety or convenience of the public and calculated to benefit directly the residents within the limits of the contributing council: Provided further that nothing in this section or in any other provision of this Regulation shall be deemed to make it unlawful for a council when with such sanction as aforesaid it has constructed works beyond the limits of the municipal area for the supply of water or electrical energy or gas or for drainage as aforesaid— (i) to supply or extend to or for the benefit of any persons or buildings or lands in any place whether such place is or is not within the limits of the municipal area, any quantity of water or electrical energy or gas not required for the purposes of this Regulation within the municipal area, or the advantages afforded by the system of drainage works on such terms and conditions with regard to payment and to the continuance of such supply or advantages as shall be settled by agreement between the Council and such persons or the occupiers or owners of such buildings or lands, or (ii) to incur any expenditure, on such terms with regard to payment as may be settled as aforesaid, for the construction, maintenance, repairs, or alteration of any connection pipes or any electric or gas supply lines or other works necessary for the purpose of such supply or for the extension of such advantages, or (iii) to make contribution towards the construction, establishment or maintenance of institution referred to in clause (t) of sub-section (3) of section 51, subject to the condition that the total of such contributions in any financial year shall not exceed two per cent, of the general revenues (excluding Government grants) of the Council for the pervious financial year: Provided that such contribution may, with the prior approval of the Government, exceed two per cent, but not five per cent of such revenues.

It shall not be necessary for a Council to obtain sanction of the Director under the last preceding section, if the Council, in an emergency, decides to give on loan its fire fighting equipment, road-roller, bull-dozer or ambulance car to any other local authority in the District. The terms and conditions of the loan shall be such as the Council and the borrowing local authority may mutually agree.

1. (1) It shall be lawful for a Council to deposit with the State Bank of India or such other Bank as may hereafter be appointed to conduct the business of Government treasury or in any other scheduled bank or with the sanction of the Government in any co-operative bank in the Union territory any surplus funds in its hands which may not be required for current charges, and to invest such funds in public securities in the name of the Council, and from time to time, to dispose of such securities as may be necessary. (2) All surplus funds over and above what may be required for current expenses, unless deposited or invested as provided for in sub-section (1), shall be deposited in the local Government treasury or such other place of security as may be approved by the Director.

Subject to rules made under this Regulation, a Council may compromise any suit instituted by or against it, or any claim or demand arising out of any contract entered into by it in accordance with this Regulation for such sum of money or other compensation as shall be deemed sufficient.

1. (1) The Chief Officer shall each year on or before the 31st day of December prepare and place before the Standing Committee— (i) a statement showing the income and expenditure of the Council for the previous financial year; (ii) a statement showing the income and expenditure of the Council from the 1st day of April to the 30th day of November of the financial year then current and an estimate of the income expenditure for the remaining portion of the current year; (iii) an estimate of the income and expenditure of the Council during the ensuing financial year and an estimate of the closing balance in the municipal fund at the end of the current year; (iv) proposals for any change in the taxes, fees or other charges to be levied for the ensuing year. (2) Such statements and estimates shall be prepared under such heads of accounts and in such form as may be prescribed by Government. (3) The Standing Committee shall consider the estimates and the proposals of the Chief Officer and submit them to the Council with such recommendations as it may deem fit to make, before the 31st day of January: Provided that if the Standing Committee fails to make its recommendations before the 31st day of January, the President shall place the statements and estimates before the Council without the recommendations of the Standing Committee. (4) The Council shall consider the estimates prepared by the Chief Officer and the recommendations of the Standing Committee, if any, and adopt the budget estimates with or without modifications not later than the last day of February: Provided that when a Council is indebted to Government, the budget of the Council shall be adopted only with the previous sanction of the Director: Provided further that nothing in the first proviso shall be deemed to prevent the Council during the first quarter of the financial year or till the budget is sanctioned, whichever is earlier, from paying from its municipal fund, cost of the sanctioned establishment and contingencies. (5) No budget shall be approved by the Council unless provision is made therein— (a) for the payment as they fall due of all sums and of all instalments of principal and interest for which the Council may be liable under this Regulation or any other law for the time being in force; (b) for the payment of contributions to the special funds constituted under this Regulation such as the Salary Reserve Fund; (c) for the payment of salaries and allowances of the officers and servants of the Council; (d) for a minimum cash balance at the end of the year (exclusive of the balance, if any, in any statutory fund) of such amount as may be prescribed by rules made by the Government. (6) The budget so sanctioned may be varied or altered by the Council, from time to time, as circumstances may render desirable: Provided that the Standing Committee or any other Committee appointed under this Regulation may within the budget so sanctioned, sanction reappropriations not exceeding such limits as may in respect of each class of Council be prescribed by rules, from one sub-head to another or from one minor head to another under the same major head and controlled by the same Committee. A statement of such reappropriations shall be submitted to the Council at its next meeting.

1. (1) Accounts of the receipts and disbursement of every council shall be kept in accordance with the rules contained in the Municipal Account Code prescribed by the Government and shall be placed before the Council in the prescribed manner. (2) After the end of each official year the Chief Officer shall arrange to get prepared, and if so required by section 100 get audited by the Municipal Auditor, the accounts of the Council for the year and shall place them before the Council not later than the 30th day of June of the following year. (3) An abstract of the annual accounts as passed by the Council showing the receipts and disbursements of the municipl fund under each head of receipt and disbursements, the charges for establishment, the balance, if any, of the fund remaining unspent, and such other information as may be required by the Government shall be forwarded by the Council to the Director, not later than the 31st day of July of the next financial year.

The quarterly and annual accounts, receipts and disbursements, and the budget when sanctioned shall be open to inspection by any adult inhabitant in the municipal area. A notice to that effect that a statement of such accounts and the budget are so kept for inspection shall be published in the local newspapers.

The accounts of all municipal Councils shall be subject to audit in all respects, in such manner as the Government may, by rules prescribe.

If under any special or general order issued under sub-section (1) of the last preceding section, the Government grants exemption in respect of any class of property or persons from levy of the taxes specified in sub-sections (1) and (2) of that section, the Government may under appropriation duly made by law in this behalf, annually reimburse to the Council concerned, an amount approximately equal to the loss that the Council thereby incurs. The decision of the Government regarding: (i) the mode of assessing the loss; and (ii) the amount of loss incurred by each Council concerned each year shall be final.

Section 103 Omitted.

Subject to any general or special orders which the Government may make in this behalf, a Council may impose, for the purposes of this Regulation, any of the following taxes, namely: (a) a tax on all vehicles (excluding motor vehicles as defined in the Motor Vehicles Act, 1939), boats or animals used for riding, draught or burden and kept for use within the municipal area, whether they are actually kept within or outside such area; (b) a toll on vehicles and animals used as aforesaid, entering the municipal area but not liable to taxation under clause (a); (c) a tax on dogs kept within the municipal area; (d) a special sanitary tax upon private latrines, premises or compounds cleansed by municipal agency, after notice given as hereinafter required; (e) a drainage tax; (f) a special water tax for water supplied by the Council in individual cases, charges for such supply being fixed in such mode or modes as shall be best suited to the varying circumstances of any class of cases or of any individual case; (g) a tax on persons resorting periodically to a shrine within the limits of council; (h) a special education cess; (i) & (j) omitted Provided that no special sanitary tax in respect of private latrines, premises or compounds shall be levied, unless and until the Council has: (i) made provision for the cleansing thereof by manual labour, or for conducting or receiving the sewage thereof into municipal sewers, and, (ii) issued either severally to the persons to be charged or generally to the inhabitants of the municipal area or part thereof to be charged with such tax, one month's notice of the intention of the Council to perform such cleansing and to levy such tax.

A Council before imposing any of the taxes referred to in section 104 shall observe the following preliminary procedure: (a) it shall, by resolution at a special meeting, select for the purpose one or other of the taxes specified in that section and approve the bye-laws concerning the tax selected, and such bye-laws shall specify: (i) the class of persons or property or of both, which the Council proposes to make liable, and any exemptions which it proposes to make; (ii) the amount or rate at which the Council proposes to asses each such class; (iii) the mode of recovering the tax and the days or instalments on which it shall be payable; (iv) all other matters which the Government by rules made in this behalf may require to be specified therein; (b) when such a resolution is passed, the Council shall take further action to obtain the previous sanction of the Government to the bye-laws under section 307.

After the bye-laws in respect of any discretionary tax are sanctioned by the Government under the last preceding section, such tax shall be brought into force on or after a date to be specified by the Government in its sanction. Such a tax shall not then be abolished without the previous sanction of the Government.

The bye-laws referred to in sections 105 and 106, as sanctioned and published in the Official Gazette by the Government, shall be republished by the Council in a local newspaper with a notice in the prescribed form. The notice shall specify the date on which such bye-laws shall come into force. Such date shall, however, not be less than thirty days from the date of publication of such notice: Provided that: (a) a tax leviable by the year shall not come into force except on one of the following days, namely, the first day of April, the first day of July, the first day of October or the first day of January in any year; and if it comes into force on any day other than the first day of April, it shall be leviable by the quarter till the first day of April then next ensuing. (b) If the levy of a tax, or a portion of a tax, has been sanctioned for a fixed period only, the levy shall cease at the conclusion of that period, except so far as regards recovery of arrears which may have become due during that period.

1. (1) Notwithstanding any rule, bye-law or resolution specifying the amount or rate at which a tax is leviable, a Council may, by a resolution passed at a special meeting, decide to increase or reduce the amount or rate at which such tax is leviable and to that extent the bye-laws already sanctioned by the Government shall be deemed to have been suitably amended with effect from the date specified in the notice referred to under sub-section (2): Provided that: (a) such increase or reduction shall be within the maximum and minimum limits fixed in respect of such tax under the rules; (b) such increase or reduction shall not exceed ten per centum of the amount or rate at which such tax was leviable during the preceding official year. (2) When a Council has by a resolution decided to increase or reduce the amount or rate at which any tax is leviable, the Council shall publish in the municipal area the resolution together with notice specifying a date, which shall not be less than thirty days from the date of publication of such.

1. (1) The Government may by notification in the Official Gazette, (a) appoint such officers including those of Public Works Department of the Government to be authorised Valuation Officers for the purposes of this Regulation; and (b) define the municipal areas within which such officers shall exercise the powers conferred and perform the duties imposed upon them by or under this Regulation. (2) Each council shall every year pay to the Government such sum out of its revenue for the services rendered or to be rendered in that year by any authorised Valuation Officer or Officers for its purposes, as the Government may, be general or special order determine. (3) Till such time as an authorised Valuation Officer is appointed for any municipal area, the powers conferred and duties imposed by or under this Regulation on such officer shall in that area be exercised and performed by the Standing Committee.

1. (1) In order to fix the rateable value of any building or land assessable to a property tax, there shall be deducted from the amount of rent for which such building or land might reasonably be expected to let or for which it is actually let, from year to year, whichever is greater, a sum equal to ten per centum of the said annual rent, and the said deduction shall be in lieu of all allowances for repairs or on any other account whatever. (2) The value of any machinery contained or situated in or upon any building or land shall not be included in the rateable value of such building or land.

1. (1) When a tax on building or land or both is imposed, the Chief Officers shall cause an assessment list of all buildings or lands or lands and buildings in the municipal area to be prepared in the prescribed form. (2) For the purpose of preparing such assessment list, the Chief Officer or any person acting under his authority may inspect any building or land in the municipal area and on the requisition of the Chief Officer, the owner or occupier of any such building or land shall, within such reasonable period as shall be specified in the requisition, be bound to furnish a true return to the best of his knowledge or belief and subscribe with his signature the name and place of abode of the owner or occupier or of both and the annual rent, if any, obtained and his estimate of the value of such building or land.

1. (1) When the name of the person primarily liable for the payment of a tax on buildings or lands or both in respect of any premises cannot be ascertained, it shall be sufficient to designate him in the assessment book, and in any notice which it may be necessary to serve upon the said person under this Regulation, "the holder" of such premises, without further description. (2) If, in any such case, any person in occupation of the premises shall refuse to give such information as may be requisite for determining who is primarily liable as aforesaid, such person shall himself be liable, until such information is obtained, for all taxes on buildings or lands or both leviable on the premises of which he is in occupation.

When the list of assessment has been completed by the Chief Officer, he shall submit the same to the authorised Valuation Officer appointed by the Government for the municipal area. The authorised Valuation Officer shall verify the assessment as done by the Chief Officer, if necessary by inspection of properties concerned, and return the list duly check and corrected to the Chief Officer within a period of two months.

When the list of assessment is returned by the authorised Valuation Officer under the last preceding section, the Chief Officer shall give public notice thereof and of the place where the list or copy thereof may be inspected; and every person claiming to be either the owner or occupier of property included in the list, and any agent of such person, shall be at liberty to inspect the list and to make extracts therefrom without charge.

1. (1) The Chief Officer shall, at the time of the publication of the assessment list under the last preceding section, give public notice of a date not less than thirty days, after such publication, before which objections to the valuation or assessment in such list shall be made; and in all cases in which any property is for the first time assessed or the assessment is increased, he shall also give notice thereof to the owner or occupier of the property if known, and if the owner or occupier of the property is not known, he shall affix the notice in a conspicuous position on the property. (2) Objections to the valuation and assessment on any property in such list shall, if the owner or occupier of such property desires to make an objection, be made by such owner or occupier or any agent of such owner or occupier to the Chief Officer before the time fixed in the aforesaid public notice, by application in writing, stating the grounds on which the valuation or assessment is disputed; all applications so made shall be registered in a book to be kept by the Chief Officer for the purpose.

After the period given in the public notice referred to in Section 114 expires the Chief Officer shall forward to the authorised Valuation Officer for the municipal area, the assessment list along with objections received. The authorised Valuation Officer shall investigate and dispose of the objections after allowing the objector an opportunity of being heard in person or by agent and cause the result thereof to be noted in the book kept under the last preceding section and cause any amendment necessary in accordance with such result to be made in the assessment list: Provided that before any such amendment is made, the reasons therefor shall be recorded in the book aforesaid.

1. (1) The list so finally made by the authorised Valuation Officer shall be authenticated by him under the seal of his office and his signature and he shall endorse a certificate thereon that no valid objection has been made to the valuation and assessment contained in the list, except in cases in which amendments have been made therein. (2) The list so authenticated shall be deposited in the municipal office, and shall there be open for inspection during office hours to all owners and occupiers of property entered therein or to the agents of such persons, and a notice that it is so open shall be forthwith published.

Subject to such alterations as may be made therein under the provisions of the next succeeding section and to the result of any appeal or revision made under section 164 or 166, the entries in the assessment list so authenticated and deposited and the entries, if any, inserted in the said list under the provisions of the next succeeding section shall be accepted as conclusive evidence (i) for the purposes of all municipal taxes, of the valuation, or annual rent, on the basis prescribed in section 110, of buildings or lands or both buildings and lands to which such entries respectively refer; and (ii) for the purposes of the tax for which such assessment list has been prepared of the amount of the tax leviable on such buildings or lands or both buildings and lands in any official year in which such a list is in force.

1. (1) The Chief Officer, in consultation with the authorised Valuation Officer, may at any time alter the assessment list by inserting or altering an entry in respect of any property, such entry having been omitted from or erroneously made in the assessment list through fraud, accident or mistake or in respect of any building constructed, altered, added to or reconstructed in whole or in part, where such construction, alteration, addition or reconstruction has been completed after the preparation of the assessment list, after giving notice to any person interested in the alteration of the list of a date, not less than one month from the date of service of such notice, before which any objection to the alteration should be made. (2) An objection made by any person interested in any such alteration, before the time fixed in such notice, and in the manner provided by section 115 shall be dealt with in all respect as if it were an application under the said section. (3) An entry or alteration made under this section shall subject to the provisions of sections 164 and 166 have the same effect as if it had been made in the case of a building constructed, altered, added to or reconstructed on the day on which such construction, alteration, addition or reconstruction was completed or on the day on which the new construction, alteration, addition or reconstruction was first occupied, whichever first occurs, or in other cases, on the earliest day in the current official year on which the circumstances justifying the entry or alteration existed; and the tax or the enhanced tax, as the case may be, shall be levied in such year in the proportion which the remainder of the year after such day bears to the whole year.

The assessment of every property in the municipal area shall be done after every four years.

A Council imposing any toll under this Regulation shall cause to be kept at each place where such toll is to be collected, a table showing the amounts leviable in all cases provided for in the bye-laws including the terms, if any, on which the liability to pay such tolls may be compounded by periodical payments; and it shall be the duty of every person authorised to demand payment of a toll, to show such table on the request of any person from whom such demand is made.

1. (1) In the case of non-payment on demand of any toll leviable by a Council, any person appointed to collect such toll may seize any vehicle or animal on which the toll is chargeable, or any part of the burden of such vehicle or animal which is of sufficient value to satisfy the demand, and may detain the same. He shall thereupon give the person in possession of the vehicle, or animal seized, a list of the property together with a written notice in the form of Schedule VI.
2. (2) When the expense of keeping the property seized together with the amount of the toll chargeable is likely to exceed its value, the person seizing such property may inform the person in whose possession it was that it will be sold at once; and shall sell it or cause it to be sold accordingly unless the amount of toll demanded be forthwith paid.
3. (3) If at any time before a sale has begun, the person from whose possession the property has been seized, tenders at the municipal office the amount of all expenses incurred and of the toll payable, the Chief Officer shall forthwith deliver to him the property seized.
4. (4) If no such tender is made, the property seized may be sold, and the proceeds of such sale shall be applied in payment of such toll, and the expenses incidental to the seizure, detention and sale.
5. (5) The surplus, if any, of the sale-proceeds shall be credited to the municipal fund, and may, on application made to the Chief Officer in writing within three years next after the sale, be paid to the person in whose possession the property was when seized, and if no such application is made, shall be the property of the Council.

Sections 137 and 138 omitted.

Sections 137 and 138 omitted.

1. (1) It shall be lawful for a Council to lease by public auction the levy of any toll that may be imposed under this Regulation: Provided that the lessee shall give security for the due fulfilment of the conditions of the lease.
2. (2) Where any toll has been leased under this section, any person employed by the lessee to collect such toll shall, subject to the conditions of the lease, exercise the powers and perform the duties conferred and imposed by sub-sections (1) and (2) of section 136 on a person appointed to collect a toll, and any property seized shall be dealt with as if it has been seized under the provisions of that section: provided that no property seized may be sold except under the orders of the Chief Officer.

Where a Council has imposed a tax on vehicles (other than motor vehicles) or animals used for riding, draught or burden and kept for such use within the municipal area, it may compound with the keeper of any livery-stable or of horses or such vehicles kept for sale or hire, for the payment of a lump sum for any period not exceeding one year at a time, in lieu of any amount which such keeper would otherwise have been liable to pay on account of the tax imposed as aforesaid.

No assessment and no charge or demand of any tax made under the authority of this Regulation shall be invalid by reason of any clerical error or other defect of form and when any property is described for the purpose of assessing any such tax, it shall be sufficient to describe it so that it shall be generally known, and it shall not be necessary to name the owner or occupier thereof.

Where it appears to the Government that the balance of the municipal fund of a council is insufficient for meeting any expenditure incurred under section 294 or for the performance of duties for the performance of which the Director had fixed a period under section 297, the Government may by notification require the Council to impose, within the municipal area, any tax specified in the notification which may be imposed under section 104 and which is not at the time imposed, within the said area or to enhance any existing tax in such manner or to such extend as the Government considers fit and the Council shall forthwith proceed to impose or enhance in accordance with the requisition, such tax under the provisions of this Chapter as if a resolution of the Council had been passed for the purpose under section 185.

The Administrator, with the prior approval of the Central Government, shall—

1. (a) assign to the Council, such taxes, duties, tolls and fees levied and collected by the Central Government for such purposes and subject to such conditions and limits as may be prescribed;
2. (b) Provide for making such grants-in-aid to the Council as may be determined from time to time by an order published in the Official Gazette.

1. (1) When any licence is granted under this Regulation, or when permission is given thereunder for making any temporary erection or for putting up any projection, or for the temporary occupation of any public street or other land vested in the Council, the authority granting or giving such licence or permission may charge a reasonable fee for the same as determined by the bye-laws: Provided that, when permission is given for putting up a projection, the authority giving such permission may charge every year a recurring fee until the projection is removed.
2. (2) The Council may charge a higher fee by way of penalty for any erection or projection, or for the use or occupation of any public street or other land vested in the Council, by any person without its permission or licence. Such fee shall be leviable irrespective of any other penalty or liability to which the person liable to pay the same may be subject under any other provisions of this Regulation or any other law for the time being in force. The rates of such higher fees shall also be determined by the bye-laws.

With effect from such date as the President may, by notification, specify the Finance Commission constituted under section 186 of the Andaman and Nicobar, Islands (Panchayats) Regulation, 1994 shall also be the Finance Commission for the Union territory of Daman and Diu and shall make recommendations to the Administrator as to—

1. (a) the principles which should govern,—
   • (i) the determination of the taxes, duties, tolls and fees which may be assigned to or appropriated by the Council;
   • (ii) the Grants-in-aid to the Council
2. (b) the measures needed to improve the financial positions of the Council;
3. (c) any other matter referred to the Finance Commission by the Administrator in the interests of sound finance of the Council.

All amounts on account of taxes, fees or penalties imposed or as may hereafter be imposed by or under this Regulation or rules or bye-laws made thereunder and all amounts on accounts of contract, auction, lease, or any money claimable under this Regulation or under the rules or bye-laws made thereunder shall, save as otherwise provided, be recoverable in the manner provided in this Chapter.

1. (1) When any amount becomes due to the Council under this Regulation or the rules or bye-laws made thereunder, the Chief Officer shall, with the least practicable delay, cause to be presented to the person liable for the payment thereof a bill for the sum claimed as due.
2. (2) Every such bill shall specify the period for which, and the property, occupation or thing in respect of which, the sum is claimed and shall also give notice of the liability incurred in default of payment and of the time within which an appeal may be preferred as hereinafter provided against such claim.
3. (3) If a person to whom such bill is presented pays, within fifteen days from the presentation thereof, the whole sum claimed as due, then a discount equal to one percent of such sum shall be paid by the Council to him in such manner and within such period as may be prescribed.

under the last preceding section does not, within fifteen days from the presentation thereof, either -- (a) Pay the sum claimed as due in the bill, or (b) Show cause to the satisfaction of the Chief Officer why he is not liable to pay the same, or (c) Prefer an appeal in accordance with the provisions of section 164 against the claim, the Chief Officer may cause to be served upon the person liable for the payment of the said sum a notice of demand in the form of Schedule IV or to the like effect.

If the person on whom a notice of demand has been served under the last preceding section, does not, within fifteen days from the service of such notice, pay the sum demanded in the notice, such sum with all costs of the recovery may be levied under a warrant signed by the Chief Officer in the form-of Schedule V or to the like effect, by distress and sale of the movable or immovable property of the defaulter: Provided that, where any measures precautionary or otherwise, have been taken in kespect of any such property for the recovery of any sum claimed by the Government, any proceedings under this ChaRter in respect of such property shall abate.

1. (a) Where the property is in the municipal area, the warrant issued under the last preceding section shall be addressed to an officer of the Council; (b) Where the property is in another municipal area, the warrant shall be addressed to the Chief Officer of that area; (c) Where the property is in a Cantonment, the warrant shall be addressed to the Executive Officer of the Cantonment. (d) Where the prqperty is not within the limits of a municipal area or a Cantonment, the warrant shall be addressed to a Government Officer not lower in rank than a Mamlatdar. Provided that such Chief Officer or Government Officer may endorse such warrant to a subordinate Officer.

It shall be lawful for any officer to whom a warrant issued under section 147 is addressed or andorsed, if the warrant contains a special order authorising him in this behalf, to break open at any time between sunrise and sunset any outer or inner door. or window of a building, in order to make any distress directed in the warrant, if he has reasonable grounas for believing that such building contains property which is liable to seizure under the warrant and if after notifiying his authority and purpose and duly demanding admittance he cannot otherwise obtain admittance: Provided that such officer shall not enter or break open the door of any apartment appropriated for women until he has given three hours' notice of his intention and has given such women an opportunity to remove.

It shall also be lawful for any such officer if authorized by the warrant to distrain, wherever it may be found, any movable property or attach any immovable property of the person named in the warrant issued under section 147 as defaulter, subject to the following conditions, exceptions and exemptions, namely :- (a) the following property shall not be distrained :- (i) The necessary wearing apparel and bedding of the defaulter, his wife and children. (ii) The tools of artisans. (iii) When the defaulter is an agriculturist, his implements of husbandry and such cattle and seed-grain as may be necessary to enable the defaulter to earn his livelihood; (b) The property distrained shall be as nearly as possible equal in value to the amount recoverable unlPer the warrant; and if any property has been distrained which, in the opinion of the Chief Officer or the person to whom the warrant was addressed, should not have been 80 diotralned, it shall forthwith be returned to the defaulter; (c) The officer shall, on distraining or attaching the property, forthwith make an inventory thereof and give to the parson in possession thereof at the time of distrafnt or attachment a written notice in the form of Schedule VI; (d) (i) When the property is immovable, the attachment shall be made by an order prohibiting the defaulter from transferring or charging the property in any way and all persons from taking any benefit from such transfer or charge: (ii) The order shall be proclaimed at some place on or adjacent to the property by beat of drum or other customary node, and a copy of the order shall be fixed on a conspicuous part of the property and then upon the notice board of the municipal office and alao, when the propefty is land paying revenue to the Government, In the office of the Collector of the district in which the land is aituated; (e) any transfer of or charge on the property attached or of any interest therein made without the written permission of the Chief Officer shall be void as against all claims of the Council enforcable under the attachment.

1. (1) When the property seized is not subject to speedy and natural decay, the property distrained or attached, or in the case of immovable property a sufficient portion thereof, may, unless the warrant is suspended by the Chief Officer or the sum due by the defaulter together with all costs incidental to the notice, warrant, and distress or attachment and detention of the property, is paid, be, on the expiry of the time specified in the notice served by the officer executing the warrant, sold by public auction under the orders of the Chief Officer, and the proceeds or such part thereof as shall be requisite, shall be applied firstly in discharge of any sum due to the Government in respect if such property and secondly in discharge of the sum due and of all such incidental costs as aforesaid. Where the sum due to the Council together with the cost and a sum equal to five per cent., of the purchasemoney for payment to the purchaser is paid by the defaulter, before the con£ irmation of the sale, the attachment, if any, of immovable property shall be deemed to have been removed and movable property seized shall be returned to the defaulter. Sales of movable and immovable property under this section shall be held in the manner laid down in the rules framed in that behalf. (2) After sale of the property by auction as aforesaid, the Chief Officer shall put the person declared to be the purchaser in possession of the same and shall grant him a certificate to the effect that he has purcahsed the property to which the certificate refers. (3) It shall be lawful for the Council to offer a nominal bid in the case of any immovable property put up. for auction, provided that the previous approval of the Director obtained to such bidqing.

The surplus, if any, remaining after the sale of property under the last preceding section, shall be forthwith credited to the municipal fund, notice of such credit being given at the s a w time. to the person in whose possession the property was at the time of distraint or attachment; if such person claims the surplus by written application to the Chief Officer within three years from the date of the notice given under this section, the Chief Officer shall refund the surplus to euch person. Any sum not claimed within three years from the date of such notice shall be the property of the Council.

Where the warrant is addressed outside the municipal area under section 148, the Cheif Officer may by endorsement direct the officer to whom the warrant is addressed to sell the property distrained or attached; in such case it shall be lawful for such officer to sell the property and to do all things incidental to the sale in accordance with the provisions of sections 158, 151 and 152 and to exercise the powers and perform the duties of the Chief Officer under sections 151 and 152, inrespect of such sale except the power of suspending the warrant. Such officer shall, after geducting all coots of recovery incurred by him and after confirmation of the sale remit the amount 'recovered under the warrant to the Chief Officer by whom it was issued who shall dispose of the same in accordance with the provisions of sections 151 and 152.

Fees for every notice, issued under section 146, every warrant issued under section 147 or distress or attachment made under section 156 and the maintenance ofl any livestock seized under the said section shall 5e chargeable at the rates respectively specified in that behalf in the bye-laws af the Council and shall be included in the costs of recovery.

1. (1) If the Cheif Officer shall at any time have reason to believe that any person from whom any sum recoverable under the provisions of this Chapter is due or is about to become due, is about forthwith to remove from the municipal area, the Chief Officer may direct the immediate payment by such person of the sum so due or aboue to become due by him and cause a bill for the same to be presented to him. (2) If, on presentation of such bill, the said person does not forthwith pay the sum due or about to become due by him, the amount shall be leviable by distreas and sale af the movable property or the attachment and'sale of the immovable property of the defaulter in the manner hereinbefore prescribed, except that it shall not be necessary to serve upon the defaulter any notice of demand and the Chief Officer" warrant for distress and sale may be issued and executed without any delay.

The Government may make rules for prescribing such supplemental or incidental provisions as it deems fit for ordering and holding and confirming sales by public auction of any property or class of property distrained or attached under this Regulation.

All sumes due on account of any tax on lands or buildings or both shall, subject to the prior payment of land-revenue, if any, due to the Government thereupon, be a first charge upon the building or land, in respect of which such tax ie leviable and upon. the movable property, if any, found within or upon such building or land, and belonging to any person Piable for,such tax: Provided that no arrears of any such tax shall be recovered from any oceujjier who is not the owner' if such arreara have been due for more than one year for a period during which such occupier was not in occupation.

E'or all sums paid on account of any tax under this Regulation, a receipt staking the amount, and the tax on account of which it has. been paid, shall be tendered by the person receiving such paymentsa,

Where any amount referred to in section 144 has become due and cannot be recovered under the foregoing provisions of this, Chapter by reason of the person liable for the payment thereof being outside the Union territory or his not having any or sufficient property. in tHe Union territory, and such person has property autside t h e Union territory, then such am~unt shall, be recoverable a$ am arrear of land revenue and the provisions of the Rev,enue Recovery Act 1890 0-r any other law in force ' in the Bnio,n territory ,in, this behalf shall apply to, the recovery thereof.

When a warrant;*is issue4 under .section 147, no authority other than the Chief Officer who issued the warrent shall have the power to hold back the execution of the warrant: Provided that the appellate authority to whom an appeal has been preferred under section 164 or the authority to whom a revision application is made under section 166, may issue a stay order if the' circumstences of the case so demand, only after the appeal or application for revision is duly admitted, and after recording the reasons for making such order.

If a person on whom a notice of demand has been served under section 146 does not, within fifteen days from the service of such notice, pay the sum demanded in the notice, he shall be liable to pay by way 01 ~nterest, in addition to the sum and other charges due, -- (a) one-half percent, of the sum due for each complete month for the first six months, from the date of the expiry of the period of fifteen days aforesaid; and (b) one percent, of the sum due for each complete month thereafter', during the time he continues to make default in the payment of the slua due. The amount of interest shall be recovered in the same manner as the sum due is recoverable: Provided that the Chief officer may, in such circumstances as may be prescribed, and an appellate authority or the authority to whom revision application is made may, remit the whole or any part of the interest payable in respect of any period.

Subject to the approval of the Director and subject to such rules as the Government may make in t h i ~ behalf, a council-may write off any tax, fee or other amount due to it which in its opinion is irrecoverable. Provided that no amount shall be written off unless a resolution to that effect is passed by a majority of not less than three-fourths of the total number of Councillors: Provided further that no approyal of the Director need be obtalned if the sum to be written off, no; hjnq a sum under a contract, is not more than one hundred &-?ees in any case.

1. (1) Notwithstanding any other mode of ;==:very provided by this Regulation, any arrears of any can or any amount due to the Council under a contract. agreement, lease, auction, security or indemnity bond or any other money due to the Council under this Regulation or the rules or bye-laws made thereunder, together with any sum on account of procees fees, interest and other costs, shall be recoverable by the Recovery Officer to be appointed for the purpose by the Director: Provided that no such Recovery Officer shall be appointed unless the Council by a resolution passed at a special meeting for that purpose, makes a written request to the Director. ( 2 ) Xn case the arrears of all kinds due to 3 Council as on the 31st Day of December, are in excess of fifty per cent of the total of such arrears as at the close of the previous financial year, the Director may, without reference to the Council, order appointment of a Recovery Officer. ( 3 ) In either case, the expenses on the salary and allowances of the Recovery Officer and such other subordinate staff as the Director may appoint to assist the Recovery Officer shall be paid by the Council. ( 4 ) The Recovery Officer so appointed shall have all the powers of a Revenue Officer under the corresponding law for the time being in force, but only for the purposes of recovery of municipal arrears recoverable under this Regulation as arrears of land revenue.

Appeals against any claim for taxes or other dues included in a bill presented to any person under section 145 or any other provisions of this Regulation say be made to any Judicial Magistrate by whom under the direction of the Sessions Judge such class of cases is to be tried.

No appeal under the last preceding section shall be entertained unless -- (a) the appeal is brought within fifteen days next after the presentation of the bill complained of; and (b) an application in writing stating the grounds on which the claim of the Council is disputed, has been made to the Council in the case of a tax on buildings or lands or both within the time fixed in the notice given under section 115 or 11!4 of the assessment or alteration thereof, according to which the bill is prepared; and ( c ) the amount claimed from the appellant has been depostied by him in the municipal office.

The deoision of the Magistrate in any appeal made under section 164 shall, at the instance of either party, be subject to revision by the Court to which appeals against the decision of such Magistrate ordinarily lie.

No objection shall be taken tp gny valuation, assessment or levy nor shall the liability of any person to be assessed or taxed be questioned, in any other manner or by any other authority than is provided in this Regulation.

1. (1) It shall be lawful for a council --- (a) to lay out and make new public streets, including tunnels, .bridges, pub-ways and other works subsidiary to public streets; (b) to uj$ddei,op&, .'erten&'or etherwise improve any public .' Pltreet,.&e any work subsidiary to a public street; (c) to divert, or close temporarily any public street; (d) subject 't6 'th sions of sub-section t'2), to close any .publ.ic street permanently ( 2 ) Before a'iy. ieiou'iatiiifi :to clos,k any public street permanently is passed By the Council, the Chie$,.Officer shall, by,a notice put up in the street which , is prowsed.t.o tie, closed :pe&anently and also on the notice kioard in "the municiMl. dff ice, declare the intention 04 thhq -Co$ncil tq close the street pefpanently. The ."Co~ncil shall consider all objection? :to the said prop6saY'mde i n writing and. deliueied, at the munic,ipal office .within one month from the &ate of the pablicatiijri of, the notice under this sub-section before paising a re'solution so to close the street permanently. (3) In laying out, mking,"turning, diverting. windening, opening, extending or otherwise improving any public-street, in additiqn to thC land rewired for , the carriage-way "'and 'foot,-ways and drains thereof ,' M e Council, dayacquire' ttib , fand required for the"cb-n#truction of buildftigs t o form the said street, and-*ubject to the proviaions of section 88 may sell and . dispose of such additional land in perpetuity .'or on lean* 'for a%erm of ' years, with such stipulati.dns as to.'the.cl&dl &nd description of buildings'to &'erected-thdreonlas it may think fit.

1. (1) The Council may, at any time, by notice fixed up in any atreet or part of arstPeet which is not a public street, give intimation of its-.intention to declare the same to be a'publi~'"~~treet,~'a~a"unless within one month next after such qoticehas been,ao put up, the owner, of if 'thl?r'$ :&re mo$& than ., one owner, the owners of khe greater portion d f such street 'or of such p a r t o f a street lodges ,or lodge objections thereto at thb pudkcipa't-:office; the Council may, by notice 'in writihg ,p$f..up, in Buch,"street, or' , such part, declare the eame td be 'a public stl'eet.

1. (1) The Chief Officer shall, subject to the approval of the Council, prescribe a line on each side of every public street within the municipal area. (2) The Chief Officer shall give a public notice of the proposal to prescribe such line for any street and shall also put up a special notice thereof in the street for which such line is proposed to be prescribed. The Council shall, before approving the line of the street, cansider all objections or suggestions in respect of the said proposal made in writing and delivered at the municipal office within one month from the date of the publicatiion of the notice under this sub-section. (3) The line for the time belng so prescribed shall be called "the regular line of the public street". (4) The Chief Officer may from time to time in the manner laid down in sub-sections (1) and (2) prescribe a revised line in substitution of any regular line of street already prescribed and any reference in this Regulation to the regular line of the public street shall be deemed to include a reference to such revised line. (5) No resolution approving a regular line of a public street under sub-section (1) or approving a revised line under sub-section (4) shall be passed by the Council if such line or revised line has the effect of reducing the width of the street or shifting any such line towards the centre of the street, without the previous sanction of the Collector. (6)(a) Except under the provisions of section 175, no person shall construct or reconstruct any portion of any building within the regular line of a public street or within such distance behind the regular line of the public street as may be prescribed by bye-laws, without the permission of the Chief Officer; (b) Where the Chief Officer refues permission to construct or reconstruct any building in any area within the regular line of the public street, such area shall, with the approval of the Council, be added to the street and shall thenceforth be deemed part of the public street and shall be vested in the Council ; (c) Compensation, the amount of which shall, in case of dispute, be ascertained and determined in the manner provided in section 315 shall be paid by the Council to the owner of any land added to a street under clause (b) for the value of the said land, and to the owner of any building for any lose, damage or expense incurred by such owner in consequence of any action taken or order passed by the Chief Officer under this sub-section: Provided that no such compensation shall be payable in respect of any building or portion thereof in respect of which a notice has been issued under sub-section (1) of section 198. (7) The provisions of sub-sections (8), (9), (10) and (11) of section 184 shall mutatis mutandis apply to any building or portion of a building constructed in contravention of the provisions of clause (a) of sub-section (6).

1. (1) If any part of the building projects beyond the regular line of a public street as prescribed under the last preceding section, the Council may - (a) (i) if the projecting part thereof is any structure external to the main building, then at any time; or (ii) if the projecting part is not an 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 burned 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 shall be removed or that such building when rebuilt shall be set back to or towards the said regular line; (b) if the provisions of clause (a) do not apply and if in the opinion of the Council it is necessary to set back the building to the regular line of the public street require by written notice to show cause within such period as may be specified in such notice, why such projecting part shall not be pulled down and the land within the said line acquired by the Council. (2) If such owner fails to show sufficient cause to the satisfaction of the Council why such projecting part shall not be pulled down and the land within the said line acquired as aforesaid, the Council may require the owner by a written notice to pull down the projecting part. (3) The Council shall at once take possession of the portion of the land within the regular line of the public street theretofore occupied by the projecting part so removed or set back under clause (a) or (b) of sub-section (1) or sub-section (2) and such land shall thenceforward be deemed a part of the public street and shall vest as such in the Council. (4) If any land not vested in the Council, whether open or enclosed, lies within the regular line of a public street and is not occupied by a building other than a structure external to a main building, the Council, after giving the owner of the land not less than thirty clear days' written notice of its intention, or if the land is vested in the Government then with the permission in writing of the Collector, may take possession of the said land with its enclosing wall, hedge or fence, or such external structure, if any, and if necessary, clear the same, and the land so acquired shall thenceforward be deemed a part of the public street, and be vested in the Council. (5) Compensation, the amount of which shall, in case of dispute, be ascertained and determined in the manner provided in section 315 shall be paid by the Council to the owner of any land added to a street under sub-section (3) or acquired under sub-section (4), for the value of the said land, and to the owner of any building for any loss, damage or expense incurred by such owner in consequence of any action taken by the Council under either of the said sub-sections: Provided that no such compensation shall be payable in respect of any building or portion thereof in respect of which a notice has been issued under sub-section (1) of section 198. (6) When the amount of compensation has been so ascertained and determined or when a ruinous or dangerous building falling under sub-section (1) has been taken down under the provisions of section 199, the Council may, after tendering the amount of compensation, if any, as may be payable take possession of the land so added to the street, and if necessary, may clear the same. (7) When no regular line of public street has been prescribed under section 171 in respect of any portion of a public street, if any part of a building projects beyond the front of the building on either side thereof, such projecting part shall be deemed to be within the regular line of the street and the provisions of this section shall mutatis mutandis apply to such part.

1. (1) If any building adjoining a public street is in rear of the regular line of such street, - (a) the Council may, upon such terms as it thinks fit, permit it to be set forward for the purpose of improving the line of the street; and (b) whenever it is proposed to rebuild such building or to alter or repair such building in any manner that will involve the removal or re-erection of such building or of the greater portion thereof which adjoins the said street, the Council may, in granting any permission for such work, require such building to be set forward for improving the line of the street. (2) If the land which will be included in the premises of any person permitted or required to set forward a building under sub-section (1) belongs to the Council, the permission or the requisition of the Council so to set forward the building shall be a sufficient conveyance to the said owner of the said land; and the price to be paid to the Council by the said owner for such land and other terms and conditions of the conveyance shall be set forth in the said permission or the requisition, as the case may be.

1. (1) No person shall, except with the written permission of the Chief Officer under sub-section (4),-- (a) build or set up, any fence, rail, post, platform or any projecting structure or thing, or make any other encroachment or obstruction, (b) place or deposit, or cause to be placed or deposited any box, bale, package or merchandise or any other thing, in any public street or upon any drain, gutter, sewer or aqueduct in such street. (2) Whoever contravenes any provision of sub-section (1) shall, unless the provisions of clause (a) of sub-section (6) of section 171 apply, on conviction, be punished with fine which may extend to one hundred rupees, and in the case of a continuing contravention with further fine which may extend to twenty rupees for every day after the first during which such contravention continues. (3) The Chief Officer shall have power to remove without notice any such projection, obstruction or encroachment (i) made in contravention of sub-section (1) or contrary in any manner to any permission granted under sub-section (4); or (ii) in respect of which the period specified in the permission under sub-section (4) has expired. (4) Subject to the provisions of the bye-laws, the Chief Officer may allow any temporary occupation of or erections in any public street (i) on occasions of festivals and ceremonies in such manner as not to inconvenience the public or any individual; (ii) for depositing timber, bricks, or other material that has been or is intended to be used for building purposes; (iii) for any purpose specified in the bye-laws. (5) Permission granted under sub-section (4) shall be terminable at the discretion of the Chief Officer on his giving not less than twenty four hours' written notice to the person to whom such permission was granted. Such notice shall state the reasons for such action. (6) Every person to whom any permission is granted under sub-section (1) or (4) shall, at his own expense, cause the place where he has set up any erection or deposited any thing, to be properly fenced and guarded, and, in all cases in which the same is necessary to prevent accident, shall cause such place to be well lighted during the night. (7) Every person to whom any permission is granted under sub-section (1) or (4) shall immediately after the removal of the erection made or thing placed or deposited restore and make good the street to the satisfaction of the Chief Officer. (8) Whoever contravenes the conditions of any permission granted under sub-section (4) or fails to comply with the provisions of sub-section (6) or (7), shall, on conviction, be punished with fine which may extend to one hundred rupees, and in the case of continuing contravention with further fine which may extend to twenty rupees for every day after the first during which such contravention continues.

1. (1) Except as provided in sub-section (2), no person shall erect, set up, add to or place against or in front of any premises any structure or fixture which will-- (a) overhang, jut or project into or over, or obstruct in any way the safe or convenient passage of the public along any public street; (b) jut or project into or over any drain or open channel in any public street or interfere with the use or proper working of such drain or channel or to impede the inspection or cleansing thereof. (2) The Council may, subject to any bye-laws made in this behalf, give written permission to the owner or occupier of any building in a public street to put up verandahs, balconies or rooms projecting from any upper storey of such building, or roofs, eaves, weatherboards, and similar projections, to an extent not exceeding four feet beyond the line of the plinth or basement wall of the building. (3) Permission granted under sub-section (2) may be permanent or for such period at a time as may be specified in writing when such permission is granted. (4) Notwithstanding any proceedings which may be taken under sub-section (3), the Council may, by written notice, require the owner or the occupier of any such building to remove or alter any such projection, or obstruction (i) which has been constructed or made whether with or without or contrary in any manner to permission granted under sub-section (2); (ii) which has been constructed or made contrary to the provision of any law for the time being in force if such projection or obstruction was constructed or made before the appointed day; (iii) when the period for which the permission under sub-section (2) was granted has expired. (5) The Council may after giving opportunity to the owner or occupier of a building of making representation require him by notice to remove or alter any projection or obstruction constructed or made to which sub-section (4) does not apply: Provided that the Council shall make reasonable compensation to every person who suffers damage by such removal or alteration under this sub-section. (6) If occupier of any building removes or alters any structure or fixture in accordance with such notice, he shall be entitled, unless the structure or fixture was erected, set up or placed by himself, to credit in account with the owner of the building for all reasonable expenses incurred by him in complying with the said notice. (7) Any such owner or occupier who sets up any projection or obstruction without the permission of the Council under sub-section (2), or in contravention of such permission or any owner or occupier who fails to remove any projection, encroachment or obstruction after the receipt of a notice from the Council under sub-section (4) or (5) shall, on conviction, be punished with fine which may extend to one hundred rupees and in the case of a continuing offence with further fine which may extend to twenty rupees for every day after the first during which such nuisance continues.

1. (1) The provisions of section 175 shall mutatis mutandis apply to any public place or any open space, vesting in the Council or not. (2) The provisions of sub-sections (2) and (3) of section 175 shall apply to any public place or any open space which is not a private property and which does not vest in the Council: Provided that, if such public place or open space is vested in Government, the permission of the Collector shall first be obtained. (3) Whoever not being duly authorised in that behalf, removes earth, sand or other material from, or makes any encroachment in or upon, any open space which is not a private property, shall, on conviction, be punished with fine which may extend to one hundred rupees, and in the case of continuing offence with further fine which may extend to twenty rupees for every day after the first during which such offence continues.

The Council may, by notice, require the owner or occupier of any land abutting on any public street:-- (a) to remove partially or wholly from the land any boundary wall, hedge, or other fence which is, in its opinion, likely to obstruct or cause a hindrance to traffic or is otherwise objectionable; (b) to construct on the land sufficient boundary walls, hedges or other fences of such material, description and dimensions as may be specified in the notice; (c) to maintain the boundary walls, hedges or other fences on the land in good repair; (d) to cut or trim trees growing on the land and overhanging the street and obstructing the traffic or causing danger to such traffic.

1. (1) The Council shall — (a) give a name or a number to every public street; (b) cause to be put up or painted on a conspicuous part of any building, wall or any other place at or near each end or corner of or entrance to a public street, the name or the number by which such street is to be known; (c) determine the number or sub-number by which any premises or part thereof shall be known; and may by written notice require the owner of any premises or part thereof either to put up a plate showing the number or sub-number of such premises or part determined under clause (c) in such position and manner as may be specified in such notice or to signify in writing his desire that such work shall be executed under the orders of the Council. (2) Any person who destroys, pulls down or defaces any such name or number of a public street or number or sub-number of any premises or part thereof or puts up any name, number or sub-number different from that determined by the Council and any owner of any premises or part thereof who does not at his own expense put up such number or sub-number of such premises or part thereof, shall, on conviction, be punished with fine which may extend to fifty rupees. (3) Where a number or sub-number is put up on any premises or part thereof under the order of the Council in accordance with sub-section (1), the expenses of such work shall be payable by the owner of such premises or part thereof, as the case may be. Explanation. — In this section, "premises" means any building, but does not include only walls, compound walls, fencing, Verandahs, fixed platforms, plinths, doorsteps or the like.

1. (1) No person shall, without the permission of the Chief Officer or any other lawful authority, displace, take up, or make any alteration in, or make any hole in, or otherwise damage, the pavement, gutter, flags or other materials of any public street, or the fences, walls, or posts thereof, or any municipal lamp, lamp-post, bracket, water-post, hydrant, or other accessories of a lamp, water-post or hydrant or such other municipal property. (2) Every person to whom any permission is granted under sub-section (1) shall, at his own expense, cause the place where the soil or pavement has been opened or broken up, materials have been taken up or any erection or other thing set up, to be properly fenced, guarded, and in all cases in which the same is necessary to prevent accidents, shall cause such place to be well lighted during the night. (3) Any person who contravenes any provision of sub-section (1) shall, on conviction, be punished with fine which may extend to one hundred rupees. (4) Any person who has displaced, taken up or made alteration in or made a hole in or otherwise damaged any such pavement, gutter, flags or other materials of a public street or such fences, walls, posts, municipal lamp, lamp-post, bracket, water-post, hydrant or other accessories of a lamp, water-post or hydrants or other municipal property or extinguished a municipal lamp, whether with or without the permission required under sub-section (1), shall, in addition to any penalty under sub-section (3), be liable to pay the expenses which the Council may incur in replacing or restoring the same. Such expenses shall be recoverable in the same manner as an amount due on account of a property tax.

1. (1) No person shall hawk or sell or expose for sale any article in any public street or public square, except under and in accordance with a licence granted under the bye-laws made by the Council in this behalf. (2) Any person who contravenes any provision of sub-section (1) or of any licence, issued to him shall, on conviction, be punished with fine which may extend to fifty rupees. (3) The Chief Officer or any other municipal officer authorised by him in this behalf may seize any article hawked or sold or exposed for sale in contravention of sub-section (1).

1. (1) No person shall ply any hand-cart in any public street or place, except under and in accordance with a licence granted under the bye-laws made by the Council in this behalf.

1. (1) The expression "to construct a building" throughout this Chapter includes— (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; (b) the conversion into a place for human habitation of any building not originally constructed for human habitation; (c) the conversion into more than one place for human habitation of any place originally constructed as one such place; (d) the conversion of two or more places of human habitation into a greater number of such places; (e) such alterations of the internal arrangements of a building, as affect its drainage, ventilation or other sanitary arrangements, or its security or stability; and (f) the addition of any rooms, buildings, or other structures to any buildings, and a building so altered, enlarged, reconstructed, converted or added to, is throughout this Chapter included under the expression "a new building". (2) Before beginning to construct any building, the person intending so to construct shall give to the Chief Officer notice thereof in writing and shall furnish to him at the same time, if required by a bye-law or by a special order to do so, 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 Chief Officer and all information required by the bye-laws or demanded by the Chief officer regarding the limits, designed ventilation and materials of the proposed building and the intended situation and construction of the drains, privies, water-closets, house-gullies and cess-pools, if any, to be used in connection therewith and the location of the building with reference to any existing or projected streets, the means of access to such building and the purpose for which the building will be used: Provided that, if the bye-laws of the Council so require, such notice shall be in such form as the Council may from time to time prescribe and such plans shall be signed by a person possessing the qualifications laid down in the bye-laws or licensed under the bye-laws so to sign such plans. (3) If the person giving notice under sub-section (2) fails to— (i) furnish all the information and documents required under sub-section (2); or (ii) the Chief Officer deems it necessary to call for any further information or documents, the Chief Officer shall, within sixty days of the receipt of the notice, require such person by an order in writing to furnish such information or documents. (4) Within sixty days of the receipt by the Chief Officer of the notice under sub-section (2), or if any further information and documents have been called for under sub-section (3) then within sixty days of the receipt of all such further information and documents, the Chief Officer may— (a) grant the necessary permission to construct according to the plans and information furnished under sub-section (2) and sub-section (3); (b) impose any conditions in accordance with this Regulation or the rules and bye-laws made thereunder, as to the level, drainage, sanitation, materials or to the number of storeys to be erected, or with reference to the location of the building in relation to any street existing or projected or to the means of access to such building or the purpose for which the building is to be used; (c) direct that the work shall not be proceeded with unless and until all questions connected with the respective location of the building or street have been decided to his satisfaction; (d) subject to the provisions of the next succeeding section, refuse such permission for reasons which shall be communicated to the applicant in writing. (5) The Council may, before any work has been commenced in pursuance of any permission granted by the Chief Officer under sub-section (4), revoke such permission and may give fresh permission in lieu thereof or issue any other order as may be passed by the Chief Officer under sub-section (4). (6) If the Chief Officer fails to issue an order under clause (c) or (d) of sub-section (4) within the period prescribed in that sub-section, the person giving notice under sub-section (2) shall, after the expiry of the said period, be entitled to proceed with the work in respect of which such notice has been given under sub-section (2), in the manner specified in such notice, provided that such manner is not inconsistent with any provision of this Regulation or any rule or bye-law for the time being in force thereunder. (7) No person who becomes entitled under sub-section (4), (5) or (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 therewith, unless he shall have again become so entitled by a fresh compliance with the provisions of sub-sections (2) to (6). (8) If any person begins any construction of a building of which notice is required to be given under sub-section (2)— (i) without the permission of the Chief Officer under sub-section (4) or of the Council under sub-section (5), save as otherwise provided under sub-section (6); or (ii) having received permission under clause (a) of sub-section (4), contrary to the plans and information furnished under sub-sections (2) and (3); or (iii) having received permission under clause (b) of sub-section (4), contrary to the conditions imposed under that clause or contrary to the plans and information submitted under sub-sections (2) and (3) in so far as such plans and information are not modified by such conditions; or (iv) contrary to the provisions of sub-section (6), when construction is begun under that sub-section, the Chief Officer may, by a written notice, require such person to stop such construction and to alter or demolish any construction already made as specified in the notice. If, within fifteen days from the service of such notice for demolishing any such construction, the work of demolishing it is not commenced, the Chief Officer may cause such work to be done and the expenses incurred therefor shall be recoverable from the person concerned in the same manner as an amount due on account of a property tax. (9) Any person who fails to comply with the notice issued by the Chief Officer under sub-section (8) shall, on conviction, be punished with fine which may extend to five thousand rupees. (10) The Court convicting such person may also direct such person to demolish or alter the building in accordance with the order of the Chief Officer or in such other manner as the Court may deem proper and within the period specified by the Court. If such person fails to demolish or alter the building within the period specified by the Court, or in the manner required by the Court, he shall, on conviction, be punished with further fine which may extend to twenty-five rupees for every day after the expiry of the period for compliance specified by the Court in its order during which such non-compliance continues. (11) Nothing in sub-section (8) or (10) shall be deemed to affect the power of the Council or the Chief Officer to alter the building under section 190. (12) The Chief Officer may, at any time, inspect without giving notice of his intention to do so, any work of which notice is required by sub-section (2); and at any time during the execution of any work may, by written notice, specify any matter in respect of which the execution of such work is in contravention of any provision of this Regulation or of any bye-laws made under this Regulation or of any order passed under this section: and require the person executing such work to cause anything done contrary to any such provision or bye-laws or order to be amended or to do anything which by any such provision or bye-law or order he is required to do but which has been omitted.

1. (1) When a person has given notice to the Chief Officer under sub-section (2) of the last preceding section in regard to his intention to construct a building, it shall be lawful to the Chief Officer to refuse the permission applied for: (i) if the Council passes a resolution proposing to acquire the land on which the building is proposed to be constructed; or (ii) if the proposed construction would contravene the provisions of this Regulation, or any other law for the time being in force or any scheme, rules, bye-laws or other orders under this Regulation or any other law for the time being in force; or (iii) if the notice under sub-section (2) of the last preceding section is not in accordance with the provisions of that sub-section or is not accompanied by the information and documents required by that sub-section or if the person giving such notice fails to furnish all the information and documents required under sub-section (3) of that section; or (iv) if no plan has been prepared for the laying out of streets for the area in which the building is to be constructed; or (v) if there is no adequate provision for access to the building; or (vi) if the proposed construction be an encroachment on Government or municipal land; or (vii) for any other reasons to be recorded in writing, which may be deemed sufficient by the Chief Officer. Where the permission applied for is refused the decision taken and reasons therefor shall be communicated to the applicant. (2) Refusal under clause (i) of sub-section (1) shall be subject to the following conditions: (a) if the property is acquired and no agreement is arrived at as regards the amount of compensation payable to the person giving notice under sub-section (2) of the last preceding section, the same shall be determined in accordance with the provisions of section 315 regard being had to the likely benefit, which would have accrued to such person, if the permission had not been refused; (b) if within a period of six months from the date of the resolution of the Council proposing to acquire the land, the land is not acquired by the Council by agreement upon payment, or if within such period, an application has not been made to the Collector for the institution of proceedings for compulsory acquisition under the provision of the Land Acquisition Act, 1894, or if the Council abandons the proposal to acquire the land, the notice given under sub-section (2) of the last preceding section shall be deemed to have been revived with effect from the date on which the said period of six 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. Such decision shall be communicated to the person giving notice within 30 days from the date of the decision; and the notice shall be dealt with as if the Council had not passed a resolution to acquire the land. 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 the Council's refusal to grant the permission: Provided that the Council shall not be liable to pay compensation if the notice under sub-section (2) of the last preceding section is given subsequent to the passing of the resolution by the Council to acquire the land.

1. (1) The Chief Officer may, either specially in individual cases, or generally in respect of any area specified therein. (2) The Council may by bye-laws prescribe--- (i) the areas in which permission shall be granted by the Chief Officer for the construction of external roofs and walls of buildings from any inflammable material; (ii) the conditions which may be imposed by the Chief Officer in granting permission for such construction in any other area. (3) The Chief Officer may at any time by written notice 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 appointed day and whether it was done with or without the permission of the Chief Officer. (4) An appeal shall lie to the Council against any order of the Chief Officer, refusing the permission under sub-section (1), or against any notice given by the Chief Officer under sub-section (3), if made within fifteen days of the receipt of such refusal or notice, as the case may be. (5) Whoever without such permission as is required by sub-section (1), makes or causes to be made, or in disobedience to the requirements of a notice given under sub-section (3), suffer to remain, any roof or wall of such material as aforesaid, shall, on conviction, be punished with fine which may extend to one hundred rupees, and in the case of a continuing offence with further fine which may extend to twenty-five rupees for every day after the first during which such offence continues.

1. (1) Every person constructing a building shall, within one month after the completion of construction of such building, deliver or send or cause to be delivered or sent to the Chief Officer at his office, notice in writing of such completion and shall give to the Chief Officer all necessary facilities for inspection of such building: Provided that--- (a) such inspection shall be commenced within seven days from the date of receipt of the notice of completion; and (b) the Chief Officer may, not later than one month from the date of receipt of the notice of completion, by written intimation addressed to the person from whom the notice of completion was received--- (i) give permission for the occupation of such building or for the use of the building or part thereof affected by such construction; or (ii) refuse such permission in case such building has been constructed so as to contravene any provision of this Regulation or of any bye-law made under this Regulation at the time in force or of any order passed under section 184 intimating to the person who gave the notice under sub-section (2) of that section, the reasons for such refusal and requiring such person, or if the person responsible for giving notice under sub-section (2) of the said section is not at the time of such notice owner of such building, then such owner to cause anything which is contrary to any provision of this Regulation or of any bye-law made under this Regulation at the time in force or of any order passed under section 184 to be amended or to do anything which by any such provision or bye-law or order he is required to do but which has been omitted. (2) No person shall occupy or permit to be occupied or use or permit to be used any such building constructed or part thereof affected by such construction, until--- (a) the permission referred to in proviso (b) to sub-section (1) has been received, or (b) the Chief Officer has failed for one month after the receipt of the notice of completion to intimate as aforesaid his refusal of the said permission. (3) Whoever--- (a) occupies or permits to be occupied any such building or part thereof affected by such construction without giving any notice as required under sub-section (1) or in contravention of the provisions of sub-section (2); or (b) fails to comply with any order or requisition made under sub-section (1) shall, on conviction, be punished with fine which may extend to five hundred rupees, and in the case of continuing contravention or non-compliance with further fine which may extend to twenty-five rupees for every day after the first during which such contravention or non-compliance continues.

1. (1) No person shall without the written permission of the Chief Officer or otherwise than in conformity with the terms of such permission--- (i) use or permit to be used any building or part thereof originally constructed or authorised to be used for human habitation as a godown, warehouse, workshop, workplace, factory, stable or a motor garage; or (ii) use or permit to be used for human habitation any part of a building not originally constructed or authorised to be used for that purpose. (2) If any person contravenes any provision of sub-section (1), he shall, on conviction, be punished with fine which may extend to five hundred rupees, and in the case of continuing contravention with further fine which may extend to ten rupees for every day after the first, during which such contravention continues.

1. (1) If it shall at any time appear to the Chief Officer that any building or other structure or anything affixed to such building or structure is in a ruinous condition or likely to fall, or in any way dangerous to any person occupying, resorting to or passing by such building or structure or any other structure or place in the neighbourhood thereof, the Chief Officer may, by written notice require the owner or occupier of such building or structure to pull down, secure, remove or repair such building, structure or thing or do one or more such things and to prevent all causes of danger therefrom. (2) The Chief Officer may also, if he thinks fit, require the said owner or occupier, by the said notice, either forthwith or before proceeding to pull down, secure, remove or repair the said building, structure or thing, to set up a proper and sufficient hoard or fence for the protection of passers by and other persons. (3) If it appears to the Chief Officer that the danger from a building, structure or thing which is ruinous or about to fall is of hourly imminence, he shall, before giving notice as aforesaid or before the period of notice expires, fence off, take down, secure or repair the said structure or take such steps or cause such work to be executed as may be required to arrest the danger. (4) Any expenses incurred by the Chief Officer under sub-section (3) shall be paid by the owner or occupier of the structure and shall be recoverable in the same manner as an amount due on account of a property tax.

The Chief Officer 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, for lamps to be lighted with electricity or otherwise, or subject to the provision of the Indian Telegraph Act, 1885, for telegraph wires or telephone wires or wires for the conduct of electricity for locomotive purposes. Such brackets shall be erected or fixed so as not to occasion any inconvenience or nuisance to the occupants of the said building or of any others in the neighbourhood, or to the public.

It shall not be lawful for any person to erect any hut or range or block of huts or to add any hut to any range or block of huts already existing on the appointed day, without giving previous notice to the Chief Officer. The Chief Officer may require such huts to be built so that they stand in regular lines, with a free passage or way in front of and between every two lines, of such width as the Chief Officer may think proper for ventilation and to facilitate scavenging, and at such a level as will admit of sufficient drainage; and may require such huts to be provided with such number of privies and such means of drainage as he may deem necessary. If any hut or range or block be built without such notice being given to the Chief Officer, or otherwise than as required by the Chief Officer, the Chief Officer may give written notice to the owner or building thereof, or to the owner or occupier of the land on which the same is erected or is being erected, requiring

1. (1) Where the Council is of opinion that any hut, whether used as a dwelling or for any other purpose, and whether existing on the appointed day or subsequently erected is by reason (a) of insufficient ventilation or of the manner in which such hut is crowded together with other huts; or (b) of the want of a plinth or of a sufficient plinth or of sufficient drainage; or (c) of the impracticability of scavenging, attended with risk of disease to the inhabitants of the neighbourhood, the Council shall cause a notice to be affixed to some conspicuous part of such hut, requiring the owner or occupier thereof, or the owner of the land on which such hut is built, within such reasonable time as may be fixed by the Council in this behalf, to take down and remove such hut or to carry out such alteration or works as the council may deem necessary for the avoidance of such risk. (2) Where any such owner or occupier refuses or neglects to take down and remove such hut or to carry out such alterations or works within the time appointed, the Chief Officer may cause such hut to be take down, or such alterations or works to be carried out, in accordance with the requirements of the Council. (3) Where such hut is taken down by the Chief Officer, he shall cause the materials of the hut to be sold if such sale can be effected; and the proceeds, after deducting all expenses, shall be paid to the owner of the hut or if the owner is unknown or the title disputed shall be held in deposit by the Council until the person interested therein shall obtain an order of a competent Court for the payment of the same: Provided that, where any such hut, which had not been constructed in contravention of any law for the time being in force at the time of such construction, is taken down and removed under this section, compensation shall further be paid 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 315.

1. (1) All drains, sewers, privies, water closets, house-gullies, gutter and cesspools within the municipal area shall be under the survey and control of the Council. (2) All covered drains, sewers and cesspools, whether public or private, shall be provided by the Council or other persons to whom they severally belong with proper traps, coverings or other means of ventilation; and the Chief Officer may by written notice call upon the owner of any such covered drains, sewers and cesspools to make provision accordingly.

1. (1) It shall be lawful for a Council for any drainage purposes to carry any drain, conduit, tunnel, culvert, pipe or watercourse through, across or under any street or any place laid out as or intended for a street, or under any cellar or vault which may be under any street, and, after giving reasonable notice in writing to the owner or occupier, into, through or under any land whatsoever within the municipal area. (2) The Council, or any person acting under its authority, may construct a new drain in the place of an existing drain in any land wherein any drain vested in the Council has been already constructed, or repair or alter any drain vested in the Council. (3) The Council may also erect upon any premises or land or affix to the outside of any building or structure or to any tree, any such shaft or pipe as it may deem necessary for the proper ventilation of the municipal drains, and such shaft or pipe shall be carried to a height of not less than six feet above the highest part of the adjacent house end erected so as not to cause any nuisance or inconvenience to the occupants of the building to which such shaft or pipe has been affixed or of any other building in the neighbourhood or to the public. (4) In exercise of any power under sub-sections (1), (2) and (3), no unnecessary damage shall be done, and compensation, which shall, in case of dispute, be ascertained and determined in the manner provided in section 315 shall be paid by the Council to any person who sustains damage by the exercise of such power. (5) The Council may discontinue, close up or destroy any municipal drain which has, in the opinion of the Council, become useless or unnecessary or prohibit the use of any such drain either entirely or for the purpose of foul water drainage or for the purpose of surface drainage: Provided that, if by reason of anything done under this section any person is deprived of the lawful use of any drains, the Council shall, as soon as may be, provide for his use some other drain as effectual as the one which has been discontinued, closed up or destroyed or the use of which has been prohibited.

1. (1) If any building or land be at any time undrained, or not drained to the satisfaction of the Chief Officer, the Chief Officer, subject to the control of the Council, may by written notice call upon the owner to construct, or lay from such building or land a drain or pipe of such size and materials, at such level, and with such fall as he may think necessary for the drainage of such building or land into-- (a) some drain or sewer, if there be a suitable drain or sewer within fifty feet of any part of such building or land; or (b) a covered cesspool to be provided by such owner and approved by the Chief Officer. (2) The Chief Officer may, subject to the control of the Council, by written notice require any court-yard, alley or passage between two or more buildings to be paved by the owners of such buildings with such materials and in such manner as he may direct. (3) Whoever fails to comply with the notice issued by the Chief Officer under sub-section (1) or sub-section (2) shall, on conviction, be punished with fine which may extend to one hundred rupees, and in the case of continuing offence with further fine which may extend to ten rupees for every day after the first during which such offence continues.

1. (1) It shall not be lawful to construct or reconstruct any building, or to occupy or permit occupation of any building newly constructed or reconstructed, unless and until -- (a) a drain is constructed of such size, materials and description, at such level and with such fall, as may be required by the bye-laws or if no bye-laws have been framed by the Council, as shall appear to the Chief Officer to be necessary for the effectual drainage of such building; (b) there have been provided for and set up in such building and in the land appurtenant thereto, all such appliances and fittings as may be required by the bye-laws or if no bye-laws have been framed by the Council as may appear to the Chief Officer to be necessary for the purposes 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) 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 drainage, situated at a distance not exceeding fifteen metres from such building; but if there is no such drain or place within that distance, then such drain shall empty into a cesspool provided by the owner of such building and approved by the Chief Officer.

1. (1) The owner or occupier of any building or land within the municipal area shall be entitled to cause his drains to empty into a municipal drain : Provided that he first obtains the written permission of the chief Officer and complies with such conditions as the Chief Officer may, subject to the provisions of by-laws, if any, prescribe as to the mode in which and the superintendence under which the communications are to be made between drains not vested in the Council and drains which are so vested. (2) An appeal shall lie to the Council against any order of the Chief Officer under sub-section (1), if made within fifteen days of the receipt of such order.

1. (1) If the owner or occupier of any building or land desires to connect the same with any municipal drain, by means of a drain to be constructed through any land, or to be connected with a drain, belonging to or occupied by or in the use of some other person, he may make a written application in that behalf to the Chief Officer. (2) Subject to the control of the Council, the Chief Officer thereupon, after giving to such other person a reasonable opportunity of stating any objection to such application, may, if no objection is raised, or if any objection which is raised is in his 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 conditions 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 him to be adequate and equitable.

1. (1) No person shall wilfully or negligently-- (a) injure or suffer to be injured any meter belonging to the Council or any of the fittings of any such meter; (b) break, injure or open any lock, seal, cock, valve, pipe, work engine, cistern or fitting appertaining to any municipal water-work; (c) do any act or suffer any act to be done whereby the water in, or derived from, any municipal water-work, shall be wasted; (d) obstruct, divert or in any way injure or alter any water-main or duct; (e) except with the permission of the Chief Officer, open, break, injure or tamper with any lock furnished under the provisions of this Regulation. (2) Whoever contravenes any provision of sub-section (1) shall, on conviction, be punished with fine which may extend to Rs. 100.

1. (1) The Chief officer may, by a written notice, require the owner or occupier on whose land any drain, privy, water-closet, cesspool, or other receptacle for filth or refuse for the time being exists within such distance as may be prescribed by bye-laws, from any spring, well stream, channel, tank, reservoir or other source from which water is or may be derived for public use, and which would be in a position where suqh source of water is likely to be injured or the water therein poliuted, to remove or close such drain, privy, water-closet, cesspool or other receptacle for filth or refuse, within one week from the date of service of the notice. (2) Whoever fails to comply with the notice under sub-section (1) shall, on convistisn, be punished with fine which may extend to Rs. 50 and in the case of continuing offence with further fine which may extend to Rs. 5 for every day after the first during which such offence continues.

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, altering and inspecting water mains, pipes and ducts within or without the municipal area as it has and is subject to under the provisions hereinbefore contained for carrying, renewing, repairing, a1terning and inspecting drains within the municipal area.

If at any time it appears to the Chief Officer that any building or land in the municipal area is without a proper supply of protected water, the Chief Officer, subject to the control of the Council, may by written notice require the owner, lessee or occupier of the building or land to obtain from any public works such quantity of water as may be adequate for the requirements of the persons usually occupying or employed upon the building or land, and to provide communication pipes of such size, materials and description and to take all necessary steps for the purpose as prescribed by bye-laws, if any, and if no bye-laws have been framed, then as the Chief Officer may consider necessary.

1. (1) The Chief Officer may, at any time by writtew notice, require that the owner of or any person who has the control over any well, stream, channel, tank or other source of water supply, shall, whether such source is private property or not, within a reasonable time to be specified in the notice, or in any case falling under clause (d) within twenty-four hours of such notice, (a) keep and maintain any such source of water-supply, other than a stream in good repairs; or (b) cleanse any such source of water-supply from silt, refuse and decaying vegetation; or (c) in such manner as the Chief Officer may prescribe, protect any such source of water-supply from pollution or contamination: or (d) repair, protect or enclose in such manner as the Chief Officer approves any such source of water-supply; if for want of sufficient repair, protection or enclosure; such source of water supply is, in the opinion of the Chief Officer, dangerous to the health or safety of the public or of any person having occasion to use or to pass or approach the same; or (e) desist from using and from permitting others to pass for drinking purposes any such source of water-supply, which is proved to the satisfaction of the Chief Officer to be unfit for drinking; or (f) if, notwithstanding any such notice under clause (e), such use continues and cannot in the opinion of the Chief Officer be otherwise prevented, close either temporarrly or permanently or fill up or enclose or fence in such manner as the Chief Officer considers sufficient to prevent such use of such source of water-supply as aforesaid; or (g) 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 Chief Officer considers to be injurious to health or offensive to the neighbourhood. (2) If the owner or person having control as aforesaid, fails or neglects to comply with any notice under sub-section (1) within the time specified therein, the Chief Officer may and if in his 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 Chief Officer shall be paid by the owner of, or person having control over, such water-supply, and shall be recoverable in the same manner as an amount due on account of a property tax: Provided that, in the case of any well or private stream or of any private channel, bank or other source of water-supply, the water of which is used by the public or any section of the public as of right, the expenses incurred by the Chief Officer or necessarily incurred by such owner or person having such control, may if the Council so directs, be paid from the municipal fund. (3) The Chief Officer may, by written notice, require the owner or occupier of any land to cut down, lop or trim all trees or shrubs which so overhang any public tank, well or other source of water-supply as to pollute or be likely to pollute the water thereof.

1. (1) The Council may set apart suitable places for the purpose of bathing, and may specify the times at which, and the sex of persons by whom, such places may be used, and may also set apart suitable places for washing animals, cloths or vesels or for any other purp6se connected with the health, cleanliness or comfort of the inhabitants of the municipal area.
2. (2) The Council may by public notice prohibit bathin3 or washing animals, clothes or vessels or doing any other thing in any public place not, so set apart, or at times or by persons other than those specified under sub-section (1) or may prohibit other act by which water in public places may be rendered fou.1 or unfit for u s e or which may cause inconvenience o r annoyance to persons using the bathing or washing places.
3. (3) Any person who contravenes any provision of sub-section (2), shall, on conviotion, be punished with fkne which may extend to fifty rupees.

1. (1) No new well, tank, pond, cistern or fountain shall be dug or constructed, without the previous permission in writing of the Chief Officer. (2) If any such work is begun or completed without such permission, the Chief Officer may either-- (a) 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 Chief Officer shall prescribe; or (b) grant written permission to retain such work but such permission shall not exempt such owner from any proceedings for contravening the provisions of sub-section (1).

1. (1) A Council may, with the sanction of the Director, demarcate and notify the limits of the water-shed of any lake, tank well or reservoir from which water is derived for the municipal water-work or use by the residents of the municipal area. (2) Except with the permission of the Council, no person shall-- (a) erect any building for any purpose whatever within such limits; (b) remove, alter, injure, damage or in any way interfere with any boundary marks of such water-shed; (c) extend, alter or apply to any purpose different to that to which the same has been heretofore kpplied, any building already existing within the said limits; or (d) carry on, within the said limits, any operstion of manufacture, trade or agriculture in any manner, or do any act whatever, whereby injury may arise to any auch lake, tank, well or reservoir or to any pertion thereof or whereby the water of such lake, tank, well or reservoir may be fouled or rendered less wholesome. (3) Except with the permission of the Chief Officer. no person shall-- (a) cause or suffer to percolate or drain into or upon any municipal water-work or to be brought thereinto or thereupon anything, or to be done any act, whereby the water therein may be in any way fouled or polluted or its quality altered; (b) alter the surface of any municipal and adjacent to or forming part of any such work by digging thereinto or depositing thereon any substance; (c) cause or suEfer to enter into the water in such work any animal; (d) bathe in or near such work; (e) throw or put anything into or upon the water in such work; (f) wash or cause to be washed, an or near such work any animal or thing. (4) Whoever contravenes any provision of sub-section (2), shall, on conviction, be punished with imprisonment for a term which may extend to one month, or with flne which may extend to Rs. 100, or with both. (5) Whoever contravenes any of sub-section (3) shall be deemed to have committed an offence punishable under section 237 of the Indian Penal Code. (6) When arky person is convicted under sub-section (4), the Magistrate who convicts him may order the immediate removal of any building, or the immediate discontinuance of the operation or use of land, in respect of which such conviction has been held. (7) If any order made under sub-section (6) is disobeyed or the execution thereof resisted, the offender shall, on conviction, be punished with imprisonment for a term which may extend to three months, or with fine which may extend to Rs. 300, or with both.

1. (1) If in the opinion of the Chief Officer, the working of any quarry or the removal of stone, earth or other material from the soil in any place, is dangerous to persons residing in or having a right of accese to the neighbourhood thereof, or creates or is likely to create a nuisance, the Chief Officer pay, by written notice, require the owner of the said quarry or place or the person responsible for such working or removal not to contitiue or permit the working of such quarry or the removing of such material, or to take such other measures in respect of such quarry or place as the Chief Officer shall direct for the purpose of preventing the danger or of abating the nuisance arising or likely to arise therefrom: Provided that, if such quarry or place is vested in the Government or if such working thereof or removal therefrom as aforesaid is being carried on by or on behalf of the Government or any person acting with the permission or under the authority of the Government or of any Government Officer acting as such, the chief officer shall not take such action, unless and until the Collector has consented to his so doing: Provided further that, the Chief Officer shall immediately cause a proper hoard or fence to be put up for the protection of passengers, near such quarry or place, if it appears to him to be necessary in order to prevent imminent danger.
2. (2) Any expense incurred by the Chief Officer in taking action under this section shall be paid by such owner or the peraon responsible for such working or removal, and shall be recoverable in the same manner as an amount due on account of property tax.

1. (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 my cause obstruction, deager or inconvenience in any street, before begining such work --
   • (a) first obtain permission in writing from the Chief Officer so to do; and
   • (b) cause sufficient hoards 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 Chief Officer during such time as the Chief Officer considers necessary for the public safety or convenience, and shall cause the shme to be sufficiently lighted during the night, and shall remove the same when directed by the Chief Officer.
2. (2) Whoever contravenes any provision of sub-section (1) shall, on conviction, be punished with fine which mpy extend to fifty rupees, and in the case of continuing contravention wlth further fine which may extend to ten rupees for every day after the first during which such contravehtion continues.

1. (1) It shall be the duty of all police officers and all municipal officers and servants to aid the fire brigade in the execution of its duties.
2. (2) On the occasion of a fire within the limits of a municipal area, any Magistrate, the President, the Chief Officer or any member of a fire-brigade maintained by the Council or by the Government directing the operations of the brigade, and if directed so to do by any of the persons aforesaid any police officer above the rank of a constable, may,--
   • (a) remove or order removal of any person who by his presence interferes with or impedes the operations for extinguishi'ng the fire or for saving life or property;
   • (b) close any street or passage in or near which any fire is burning;
   • (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 for the passage of hoses or other appliances, any premises;
   • (d) cause mains and pipes to be shut off so as to give greater pressure of water in or near the place where the fire has occured;
   • (e) call on the persons in charge of any fire-engine to render such assistance as may be possible; and
   • (f) generally, take such measures as may appear necessary for the preservation of life or property.
3. (3) When any Government building is endangered by such fire, any Government officer for the time being in charge of the building may exercise the powers conferred by sub-section (2).
4. (4) No compensation shall be payable by any person for any act done by him in good faith under sub-section (1) or (2).

1. (1) Whoever deposits orcauses or suffers any member of his family or hoqsehold to deposit any dust. dirt, ddung, ashes, refuse or filth of any kind or any animal matter or anybroken'gliss or,earthenware or pther rubbish or any other thing that is or may be a nuisance or danghr, inany,street,or in qny arch under a street or in any drain beside a-street or on any openspace not: being private property or on any quay, jetty or 1anding.plac.k or on any part' of the seashore, or the bank of a tidal river, or whether above or below highwater mark, or on the bank of the river water course or nullah, except at such places in such manner and at such hours as shall be fixed by the Chief Officer, and whoever commits or suffers any members of hie, family or household to commit nuisance in any such place as aforebaid, shall, onconviction, be punished with fine which may extend to onqhundred rupees.
2. (2) whoever throws 06 puts o= causes or suffers any members of his family or household to throw or put any of the mattersdesgiibed in sub-section (1) ( iexcept night-soil or except with the permission of the Chief Officer, any night-soil into any drain. culvert, tunnel, gutteror water-course, and whoever commits nuieance o5,anffers ~~ny,member of his family or household to com~t nuisance in any' sucli al'ain. culvert. funnel, gutter. or water-course, or ,in such close proximity the.reto +k to gollute the same, shall. on convictkon, punished with 'fine which may extend to one hundred rupees.

Whoever causes or allows the water of any sink, sewer or cesspool or any other liquid or other matter which is or which is likely to become a nuisance, from any building or land under his control, to run, drain or be thrown or put upon any street or open space, or to soak through any external wall, or causes or allows any offensive matter from any sewer or privy to run, drain or be thrown into a surface drain in any street, without the permission in writing of the Chief Officer or who fails to comply with any condition prescribed in such permission, shall, on conviction, be punished with fine which may extend to one hundred rupees.

Whoever, being the owner or occupier 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 any 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 a nuisance, shall, on conviction, be punished with fine which may extend to one hundred rupees, and in the case of continuing offence with further fine which may extend to twenty rupees for every day after the first during which such contravention continues.

1. (1) The Chief Officer may from time to time fix the hours within which and the routes by which daily it shall be lawful to remove any night-soil or such other offensive matter.
2. (2) The Chief Officer shall cause a notice of such hours and routes to be given in the manner prescribed in section 311.
3. (3) Whoever. -- (a) when the Chief Officer has fixed such hours and routes and given such public notice, removes or causes to be removed along any street any such offensive matter at any time except within the hours so fixed, or by any route other than that fixed by the Chief Officer; or (b) at any time, whether such hours or routes have been fixed by the Chief Officer or not. -- (i) uses for any such purpose any cart, carriage receptacle or vessel, not having a covering sufficent for preventing the escape of the contents thereof and of the stench therefrom; or (ii) wilfully or negligently slops or spills any such offensive matter in the removal thereof; or (iii) does not carefully sweep and clean every place in which any such offensive matter has been slopped or spilled; or (iv) places or sets down in any public place any vessel containing such offensive matter, shall, on conviction, be punished with fine which may extend to one hundred rupees.

Whoever, except with the written permission of the Chief Officer, and in accordance with the conditions of such permission, stores or uses night-soil or other manure or substance emitting an offensive smell in such manner as to be a nuisance to the neighbourhood shall, on conviction, be punished with fine which may extend to one hundred rupees.

If, in the opinion of the Chief Officer -- (a) any pool, ditch, quarry, hole, excavation, tank, well, pond, drain, water course, or any collection of water; or (b) any cistern or other receptacle for water whether within or outside a building; or (c) any land on which water is accumulated, is or is likely to become a breeding place of mosquitoes or in any other respect a nuisance, the Chief Officer may, by notice in writing, require the owner thereof to -- (i) fill up, cover over or drain off the same in such manner and with such materials as the Chief Officer shall prescribe; or (ii) take such measure with respect to the same including treatment by such physical, chemical or biological methods for removing or abating the nuisance as may be prescribed in the notice.

1. (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 give 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 thirty 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 an order in writing, prohibit the further use of such building or room as a dwelling. (2) When any such prohibition as aforesaid has been made by the Council, the Chief Officer shall cause notice of such prohibition to be affixed to, and the words "Unfit for human habitation" to be painted on the door or some conspicuous part of such building or room, as the case may be; and no owner or occupier of such building or room shall use or suffer the same to be used for human habitation until the Council certifies in writing that the building or room, as the case may be, has been rendered fit for human habitation.

1. (1) If any building or land, whether tenantable or otherwise, is -- (i) in an insanitary, filthy or unwholesome state; or (ii) in the opinion of the Chief Officer a nuisance to persons residing in the neighbourhood; or (iii) overgrown with prickly-pear or rank and noisome vegetation, the Chief Officer may, by written notice, require the owner or occupier of such building or land to clean, lime-wash internally or externally, clear, or otherwise put such building or land in a proper state. (2) Any person who fails to comply with the notice issued under sub-section (1) shall, on conviction, be punished with fine which may extend to one hundred rupees, and in the case of continuing non-compliance with further fine which may extend to ten rupees for every day after the first, during which such non-compliance continues. (3) Where any building, by reason of dilapidation, neglect, abandonment, disuse or disputed ownership, or of its remaining untenanted and thereby -- (a) becoming a resort of idle and disorderly persons, or of persons who have no ostensible means of subsistence or who cannot give a satisfactory account of themselves; or (b) coming into use for any insanitary or immoral purpose; or (c) affording a shelter to snakes, rats or other dangerous or offensive animals, is open to objection that it is a source of nuisance or danger or so unwholesome or unsightly as to be a source of discomfort, inconvenience or annoyance to the neighbourhood or to persons passing by such building, the Council, if it considers such objection cannot under any other provision of this Regulation be otherwise removed, may, if there is any person known or resident within the municipal area who claims to be the 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 which shall not be less than one month from the date of such notice, to -- (i) take such measure as may be specified in the notice to remove or to prevent such nuisance, danger, discomfort, inconvenience or annoyance; or (ii) cause such building to be taken down and the materials thereof to be removed.

For the purpose of this Chapter, the expression "dangerous disease" means any of the following diseases, namely: -- (i) Anthrax; (ii) Cerebrospinal fever; (iii) Chicken-pox; (iv) Cholera; (v) Diphtheria; (vi) Enteric group of fevers; (vii) Erysipelas; (viii) Influenza; Pneumonia -- acute Influenza; (ix) Leprosy; (x) Measles; (xi) Plague; (xii) Poliomyelitis; (xiii) Rabies; (xiv) Relapsing fever; (xv) Scarlet fever; (xvi) Small-pox; (xvii) Tuberculosis of lungs and intestines; (xix) Yellow fever; (xx) Continuous pyrexia of unknown origin of more than four days' duration; (xxi) Any other disease which the Government may, from time to time, by notification in the Official Gazette, declare to be a dangerous disease.

In any municipal area in which the Council has provided suitable conveyance for the free carriage of persons suffering from any dangerous diseases, it shall be lawful for the Council by public notice to prohibit the conveyances, of such persons in all or any public conveyances, and to direct that any conveyance that may, at any time, be used for conveying any such person, be immediately disinfected.

1. (1) No person suffering from any dangerous disease shall wilfully expose himself, and no person in charge of any person suffering from a dangerous disease shall expose such person, without proper precautions against spreading the said disease, in any street or in any school or factory, or in any inn, dharmashala, theatre, hotel, market, or other place of public resort. (2) No person suffering from any dangerous disease shall -- (a) make or offer for sale any article of food or drink for human consumption or any medicine or drug; or (b) wilfully touch any such article, medicine or drug when exposed for sale by others; or (c) take any part in the business of washing or carrying clothes. (3) No person on whom an order has been served in this behalf by the Chief Officer shall remove to another place, or transfer to another person, except for the purpose of disinfection, any article which

1. (1) In the event of a municipal area being threatened or visited at any time by the outbreak of any dangerous disease, the Council shall take measures for the prevention, treatment and control of the disease, including isolation of persons suffering from such disease and for investigating the causes of the prevalence or the outbreak of the disease. (2) The Collector may, by notification published in the Official Gazette and locally in such other manner as he deems fit, declare that a municipal area is visited or is threatened by the outbreak of a dangerous disease and thereupon the Collector may, by an order, require the Council to take such measures for the prevention, treatment, and control of such disease and within such period as may be specified in the order and it shall be the duty of the Council to comply with any order issued by the Collector. (3) If the Council fails to comply with any order issued by the Collector under sub-section (2), the Collector may appoint any person to take such other steps as may be necessary to give effect to the order and all the expenses incurred by the person so appointed or by the Collector shall be borne by the Council.

It shall be the duty of-- (i) every medical practitioner who, in the course of his practice, becomes cognizant of a case or a suspected case of a dangerous disease in any house or place other than a public hospital; (ii) the medical officer in charge of any hospital or dispensary at which any person suffering from or suspected to be suffering from any dangerous disease is treated or brought for treatment; (iii) the manager of a factory or the headmaster of a school, or the keeper of a lodging house who knows or has reason to believe that any person in any premises under his management or control is suffering from or has died of any dangerous disease; (iv) any head of the house-hold who knows or has reason to believe that any person residing with him is suffering from a dangerous disease, to give information of the same with the least practicable delay to the Chief Officer or the Health Officer of the Council.

The Chief Officer, the Health Officer or any person duly authorised by the Chief Officer or the Health Officer may, at any time, by day or night, enter with or without assistants, into or upon any place in which a case of a dangerous disease is reported or suspected to exist, after giving such notice as may appear to him reasonable and without any notice in the case of factories, workshops, workplaces, offices, business places and the like, for the purposes of inspection, investigation and adoption of such measures as he may consider necessary to prevent the spread of the disease, including the removal of an infected person to any hospital or place at which persons suffering from the said disease are received for medical treatment, and to prohibit the person so removed from leaving such hospital or place without the permission of the officer or person under whose orders he was removed or of the officer in charge of such hospital or place: Provided that, where the Collector has made a declaration under sub-section (2) of section 234, it shall be lawful for the Chief Officer, the Health Officer or any authorised person to enter any place in which a case of dangerous disease is reported or suspected to exist without notice.

The Chief Officer or the Health Officer or any other municipal officer duly authorised by the Chief Officer or the Health Officer in this behalf may by written notice-- (a) require the owner or the occupier of any building or part of a building in which a case of a dangerous disease occurs, to get such building cleaned, white-washed or disinfected or get any article in such building cleansed or disinfected to the satisfaction of the officer issuing such notice; (b) prohibit the letting of or the providing of accommodation in any hotel, inn, dharmashala, or sarai in which a person has, or in which there is reason to believe that a person has been suffering from a dangerous disease, unless and until the person desiring so to let or provide accommodation shall have had the building, or part thereof, cleansed, white-washed or disinfected or any article therein cleansed or disinfected to the satisfaction of the officer issuing such notice; Provided that-- if, in the opinion of the Chief Officer, or the Health Officer, or such authorised officer, the owner or occupier is too poor to pay for the cost of disinfecting, cleansing or whitewashing, he may direct such disinfecting, cleansing or white-washing to be done at the cost of the municipal fund; (ii) when a declaration has been made by the Collector under sub-section (2) of section 234, the Chief Officer, the Health Officer or such authorised officer may at any time get such disinfecting, cleansing or white-washing done without notice by the municipal staff at the cost of the municipal fund.

1. (1) If it appears to the Council that the water of any well, tank or other place is likely, if used for the purpose of drinking, bathing, washing or for any other purpose, to endanger health or cause the spread of any dangerous disease, the Council may-- (i) require the owner or the person in charge of such well, tank or other place by a written notice to take, such measures as be necessary to prevent danger to public health or prevent the spread of any dangerous disease; (ii) by public notice, prohibit the removal or use of the said water for any such purpose and may take such steps as may be necessary to prevent any person from removing or using water from such well, tank, or other place: Provided that, when a declaration under sub-section (2) of section 234 has been made by the Collector, it shall be lawful for the Chief Officer or the Health Officer to take action under this sub-section and report the action taken to the Council for approval. (2) No person shall remove or use the water from any well, tank or other place in respect of which any such public notice has been issued.

If a declaration is made by the Collector under sub-section (2) of section 234, the Council shall have power-- (a) to order with the previous permission of an Executive Magistrate, the evacuation of an infected building used as a dwelling or of any part thereof, or of any building so used adjacent to such building by the person or persons residing, whether habitually or temporarily, therein, provided that accommodation for all persons affected by the order is available or is provided elsewhere; (b) to order with the previous permission of an Executive Magistrate, the destruction of any insanitary shed or hut in which there is or has been a case of a dangerous disease or which is likely to spread any dangerous disease; (c) to prohibit either generally or by special order in any individual case, assemblages consisting of any number of persons exceeding fifty, in any place whether public or private or in any circumstances, or for any purpose, if in the opinion, recorded in writing, of the Health Officer of the Council or of the Civil Surgeon, such assemblages in such place or in such circumstances, or for such purpose, would be likely to become a means of spreading the disease or of rendering it more virulent; (d) to direct the examination by a medical officer of persons and if necessary, the disinfection of the clothing, bedding or other articles suspected of being infected, belonging to persons either arriving from places outside the municipal area or residing in any building adjacent to any infected building, and to direct that any such person shall give his name and address and present himself daily for a medical examination at such times and places as may be prescribed, for a period not exceeding ten days.

The Council may in its discretion, give-compensation to any person who sustains substantial loss or damage by reason of any action taken or reqiured to be taken under sections 236, 237, 238 and 239, but except as allowed by the Council, no claim for compensation shall lie for any loss or damage caused by the exercise of any of the powers specified in the aforesaid section.

In the event of a municipal area being threatened or visited at any time by the outbreak of any infectious disease amongst cattle, sheep, goats or other animals, the Council shall take all such measures as it deem necessary for the,purpoke of preventing, meeting, mitigating or suppkessing the disease or the outbreak or introduction thereof, and the provisions of section 232 to 241, shall mutatis mutandis apply.

1. (1) Whenever the Council considers the interior of a building is so overcrowded as to be or to be likely to become dangerous or prejudicial to the health of the inhabitants of that or of any neighbouring building, the Council may cause proceedings to be taken before an Executive Magistrate for the purposes of obtaining an order to prevent such overcrowding. (2) Such Magistrate may, on the praduction of a certificate by a medical officer.atating his opinion that the overcrowding complained of is likely to cause disease or risk of disease and after such further inquiry, if any, as may appear to such Magistrate necessary, require the owner of the buildingg within a reasonable time, not being Inore than six weeks or less than ten days, to abate the number of lodgers, tenants or other inmates of the said buildings to such extent as he shall deem necessary to prescribe, or may pass such other order as he shall deem just and proper. (3) If the owner of the said building shall have let the same, the landlord of the lodgers, tenants or other actual inmates of the same shall, for the purposes 02 this section, be deemed. 80 be the owner of the building. (4) It shall be-incumbent on any hownext to.whom a requisition is.issue&,under sub-rection (21, f~rth- with to. give to so many of the dodgers,- tenant8 ' or other actwar inmates o,f the said building as may be neceseary t~ fulfil the conditions prescribed in ouch requisition, written notice to vacate the said building within the period specified in such requiei- tion, and any such lodgere, tenant. or inmates recei- ving such notice shall be bound to.comply therewith. (5) ' ~ n y owner who after the date specified in' any requisition i'ssued under sub-section ( 2 1 permits the overcrowding of any building in contravention of such requisition, 'and any person who omits to-vaqqtg any sxich building in accordance with the notice given to him under sub-section ( 4 1 , shall, on conviction, be punished .with fine which may extend to ten rupees for eaoh day subsequent to the date specified in such se- quisitian during which such , or such omi- ssion to vacate, continues.

1. (1) %he Governmen,$ may by notification in the Official Gazette, at any time, (a) withdraw all br any of the paweat3 con-ferred under section 232 to 243 from any Council; (b) impose any limitations, restrictions, or conditions on any Council in respect of the exercieie of any such powers; or (c) cancej Any order pasred hyr a: Council i the exercise of any such power. (2) Every order issued by a Council or any authority or officer subordinate to the Council in exercise af any such power ao aforesaid shall, on the withdrawal of such power, cease to be in force in the municipal area, except as respects things done or omittea to b~ done before such order ceases to be in force. (3) The Government may by like notification at any time re~onfer~any such powers on a Council from which they are withdrawn, under ~ub-sec&ion,(,l)..

1. (1) If the Council, ia of opinion that r i ~ k so£ di'seaae has arYsen or is 1-ikely to arise either to & -any occupier in, .or to any inhabitap9.t in ' the ;neighbourhood -of, 'any part of the munickpal area by &reason df any df the following defects

1. (1) A Council may, with the previaue sanction of the Collector,provide suitable placesfor burning or burying or otherwise disposing of dead bodies and may charge for the use of any 'such place or for the supply of ally material such fees as t h e Council may from time to time determine. (2) No person shall, after the appointed day, open or provide any new place within the municipal area for the disposal of dead bodies, except with the permission of the Council: Provided that -- (i) no such permission shall be granted by the Council without the sanction of the Collector; (ii) in granting such permission, it shall be lawful for the Council to impose, with the sanction of the Collector, such condition as it may deem fit. (3) The Council may' at any time by a general or special notice require any person owning or maintaining any place for the disposal of the dead on the appointed day, to take such measures to maintain such place in good order and in a safe sanitary condition as any be specified in the notice or may apply to the Collector under the next succeeding sec- tion to close the place. (4) The cond~tion to be imposed under sub-section ( 2 ) or the measures required to be taken under sub- sect,ion ( 3 ) shall not be inconsistent with ariy bye- laws framed by the Council for the maintenance of places for the disposal of the dead, due regard being had'to the religious usages of the community or sec- tion of the community entitled to use of such place. (5) Any person who contravenes any provision of sub-section ( 2 ) shall, on conviction, be punished with fine which may extend to five hundred rupees.

1. (1) Where the Council is of opinion that any place for the disposal of the dead is in sach a state as to be, or to be likely to become, injurious to heaI'ch, or that any such place should be closed for any other reason, the Council may submit its opinion with the .reasons therefor to the Colleqtor and the Collector thereupon, after such further inquiry, if any, as he shall deem Pit to cause to be made, may by r~otifica- tion directthat such place shall cease to be so used from such date as may be specified in that behalf in the said notification. (2 1 A copy of the said notifica.tion together with a translation thereof' shall be published in the local newspapers, if any, and shall be posted up at the municipal office and in one or more conspicuous spots on or near the place to which the same relates. (3) Any person who buries or otherwise disposes of any corpse in any such place, after the date spe-

1. (1) Whoever knowingly contravenes any provision of section 232, 233, 235, 236, 237 or 238 or clause (d) of section 239, or disobeys any order or requisition made under any of the aforesaid sections, or obstructs any officer of the Council or other person acting under the authority of the Council in carrying out executively any such order shall, on conviction, be punished with fine which may extend to Rs. 200, and in the case of continuing offence with further fine which may extend to Rs. 20 for every day after the first during which such contravention continues. (2) Whoever contravenes any provision of clauses (a), (b) or (c) of section 239, or disobeys any order or requisition made under any of the aforesaid clauses, or obstructs any officer of the Council or other person acting under the authority of the Council in carrying out executively any such order shall, on conviction, be punished with fine which may extend to Rs. 1,000, and in the case of continuing offence with further fine which may extend to Rs. 50 for every day after the first during which such contravention continues.

1. (1) It shall be lawful for the council to lease by public auction or by inviting tenders or by private contract the collecting of any stallages, rents or fees which may be imposed under sub-section (1) of the last preceding section after obtaining adequate security from the lessee for the due fulfilment of the conditions of the lease. (2) Any person to whom the right to collect stallages, rents or fees has been so leased shall have the power to expel from the market or slaughter-house any person occupying any stall, shop, stand, shed, pen or space or exposing any goods for sale in, the market or using or attempting to use any such slaughter-house, without payment of the stallage, rent or fees.

1. (1) No person shall use or permit to be used any premises in the municipal area -- (a) as an eating house, tea or coffee shop, restaurant, dining-saloon, refreshment room or for a like purpose; or (b) for the preparation or sale for the purposes of trade of any article of human food or drink; or (c) as a hotel or a lodging house, except under and in accordance with the conditions of a licence granted under the provisions of the bye-laws made in this behalf. (2) The Chief Officer may enter and inspect any premises used for any of the purposes specified in sub-section (1) and may inspect any goods, vessels or implements or other articles used for such purposes and may by written notice require the owner or the person in charge of such premises to take such reasonable measures as may be specified in the notice for the cleanly conduct of such business or may require the use of the premises for such purpose to be discontinued. (3) Whoever uses or permits the use of any premises in contravention of the provisions of sub-section (1), or whoever refuses to comply with any notice issued by the Chief Officer under sub-section (2), shall, on conviction, be punished with fine which may extend to five hundred rupees and in the case of continuing offence with further fine which may extend to fifty rupees for every day after the first during which such offence continues.

1. (1) No person shall (a) carry on the trade or business of a dealer in, or importer or seller of, sweet-meats, milk, butter or other milk-products; or (b) use or permit to be used for the purposes of trade, any premises for storing or selling milk or for making, storing or selling butter or other milk-products or sweet-meats, except under and in accordance with the conditions of a licence granted under the provisions of the bye-laws made in this behalf. (2) The Chief Officer may enter and inspect any premises used for any of the purposes specified in sub-section (1) and may inspect any goods, vessels or implements or other articles used for such purpose and may by written notice require the owner or the person in charge of such premises to take such reasonable measures as may be specified in the notice for the cleanly conduct of such business or may require the use of the premises for such purpose to be discontinued. (3) Whoever uses or permits the use of any premises in contravention of the provisions of sub-section (1), or whoever refuses to comply with any notice issued by the Chief Officer under sub-section (2), shall, on conviction, be punished with fine which may extend to five hundred rupees and in the case of continuing offence with further fine which may extend to fifty rupees for every day after the first during which such offence continues.

1. (1) No person shall use any premises in the municipal area -- (a) as a stable for milch cattle; or (b) for the stallage or keeping of horses, camels, donkeys and animals other than milch cattle and animals intended for human food, except under and in accordance with a licence granted under the provisions of the bye-laws made in this behalf. (2) The Chief Officer may enter and inspect any premises used for any of the purposes specified in sub-section (1) and may inspect any animals kept on such premises or any vessels or implements used on such premises and may by written notice require the owner or the person in charge of such premises to take such reasonable measures as may be specified in the notice for the proper ventilation, sanitation or drainage of such premises, or for the proper supply of water to the animals kept on such premises or may require the use of such premises for such purpose to be discontinued. (3) Whoever uses or permits the use of any premises in contravention of the provisions of sub-section (1), or whoever refuses to comply with any notice issued by the Chief Officer under sub-section (2), shall, on conviction, be punished with fine which may extend to five hundred rupees, and in the case of continuing offence with further fine which may extend to fifty rupees for every day after the first during which such offence continues.

Notwithstanding anything contained in section 259 and 260 no licence shall be required under the said section for the use of any premises for any purpose or for carrying on any trade specified therein, in respect of which a licence has been obtained under the law for the time being in force in the Union territory regarding prevention of food adulteration.

1. (1) No person shall, without a licence granted in accordance with the bye-laws made in this behalf, establish or materially alter, enlarge or extend or permit the establishment, material alteration, enlargement or extension of any factory, work-shop or place of business in which it is intended to employ steam, electricity, water or other mechanical power. (2) The Council may after giving the applicant a reasonable opportunity of being heard and recording the reasons refuse to grant a licence if it is of the opinion that the establishment, alteration, enlargement or extension of such factory, workshop or place of business would be objectionable by reason of the density of the population in the neighbourhood thereof, or would be a nuisance or danger to the inhabitants of the neighbourhood. (3) Whoever establishes, alters, enlarges or extends or permits the establishment, material alteration, enlargement or extension of any such factory, workshop or place of business without a licence or in contravention of any condition subject to which the licence may have been granted shall, on conviction, be punished with fine which may extend to one thousand rupees. Explanation.-- Nothing in this section or section 265 shall be deemed to affect any provision of the Indian Boilers Act, 1923, or authorise any order relating to the fixing or fencing of any engine, mill-gearing, hoist or other machinery in any factory to which the provisions of the Factories Act, 1948, are applicable.

1. (1) No person shall use or employ in any factory or any other premises any whistle or trumpet operated by steam or mechanical means for the purpose of summoning or dismissing workmen or persons employed, except under and in accordance with the conditions of a licence granted under the provisions of the bye-laws made in this behalf. (2) Whoever uses or employs any such whistle or trumpet as aforesaid in contravention of any provision of sub-section (1) shall, on conviction, be punished with fine which may extend to fifty rupees and in the case of continuing offence with further fine which may extend to five rupees for every day after the first during which such offence continues.

1. (1) No person shall use any premises in the municipal area for any of the purposes specified in Schedule VII except under and in accordance with the conditions of a licence granted under the provisions of the bye-laws made in this behalf. (2) The Chief Officer may enter and inspect any premises used for any of the purposes specified in sub-section (1) and may inspect any goods, vessels or implements or other articles used for such purpose

1. (1) No person shall keep or allow to be kept in or upon any premises any article specified in Schedule VIII, except under and in accordance with the conditions of licence granted under the provisions of the bye-laws made in this behalf. (2) No person shall, except under and in accordance with the conditions of a licence granted under the provisions of the bye-laws made in this behalf, keep or allow to be kept-- (a) any of the articles specified in Part I of Schedule IX in or upon any premises in quantities exceeding at any one time the respective maximum quantities specified opposite such article; or (b) any of the articles specified in Part II of the said Schedule in or upon any premises for sale or for purposes other than domestic use. (3) Whoever keeps in or upon any premises any article in contravention of the provisions of sub-section (1) or (2), or in contravention of any conditions subject to which a licence may have been granted shall, on conviction, be punshed with fine which may extend to two hundred rupees, and in the case of continuing offence with further fine which may extend to twenty rupees for every day after the first during which such offence continues. (4) The Chief Officer may at any time enter upon any premises and may seize any article kept in contravention of the provisions of sub-section (1) or (2) or in contravention of any conditions subject to which a licence may have been granted under sub-section (1) or sub-section (2).

The provisions of the law for the time being in force in the Union territory pertaining to cattle tresspass (hereinafter in this section referred to as "the said Regulation" shall cease to apply in relation to the municipal area to which this Regulation applies: Provided that -- (a) nothing in this section shall affect the liability of any person to any penalty under the said Regulation so ceasing to be in force; (b) any appointment, notification, order, rule made or issued or deemed to be made or issued under the said Regulation in respect of any cattle-pounds within the limits of any municipal area shall, so far as it is not inconsistent with the provisions of this Regulation, be deemed to have been made or issued under this Regulation, and continue in force until superseded by any appointment, notification, order or rule made under this Regulation: (c) any cattle-pound in the local area established or deemed to be established under the said Regulation so ceasing to be in force shall be deemed to be vested in the Council within whose limits it is situated and shall be maintained and managed by the Council in accordance with the provisions in this Regulation. Explanation.-- For the purposes of Chapter IX "cattle" means and includes bulls, bullocks, heifers, cows and their young, elephants, camels, buffaloes, horses, mares, geldings, ponies, colts, fillies, mules, asses, swine, sheep, rams, lambs, goats and kids.

1. (1) Notwithstanding anything contained in any law for the time being in force, every Council within the limits of its jurisdiction shall, from time to time, appoint such places as it thinks fit to be public pounds, and may appoint suitable persons to be keepers of such pounds. (2) Every pound-keeper so appointed shall in the performance of his duties, be subject to the direction and control of the Council.

1. (1) Every pound-keeper shall maintain such registers and prepare such returns as the Government may from time to time by rules prescribe. (2) When cattle are brought to the pound, the pound-keeper shall enter in his register -- (a) the number and description of the animals; (b) the day and hour on and at which they were so brought; (c) the name and residence of the seizer; and (d) the name and residence of the owner, if known; and shall give the seizer or his agent a copy of the entry. (3) The pound-keeper shall take charge of, feed and water, the cattle until they are disposed of as hereinafter provided.

1. (1) It shall be the duty of every police officer and it shall be lawful for any municipal officer or servant authorised by the Chief Officer in this behalf to seize and take to any public pound for confinement therein, any cattle found straying in any street or trespassing upon any private or public property within the municipal area. (2) It shall be lawful for any person who is the owner or who is in charge of any private or public property to seize and take to any such public pound for confinement therein, any cattle trespassing upon such property or causing damage thereto. (3) Whoever forcibly opposes the seizure of cattle liable to be seized under this section, and whoever rescues the same after seizure, either from a pound or from any person taking or about to take them to a pound, shall, on conviction, be punished with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.

If the owner of cattle which are impounded under the last preceding section or his agent appears and claims such cattle, the pound-keeper shall deliver them to him on payment of the pound-fees and expenses chargeable in respect of such cattle under section 274.

1. (1) Every pound-keeper shall, before releasing any impounded cattle, require the owner of the impounded cattle or his agent to make, in the form prescribed by rules, a declaration regarding the ownership of such cattle and to deposit by way of security such sum as the Government may, by rules, prescribe. Different scales may be prescribed for different areas or different classes of cattle. (2) If any cattle belonging to such owner are impounded within a period of six months from the date on which the security is deposited, and if the seizure is not adjudged illegal, the amount of deposit or a part thereof, as may be prescribed by rules, shall stand forfeited to the Council. If cattle are not impounded as aforesaid, the amount of security deposit shall, on an application made by or on behalf of the depositor, be refunded to him on the expiry of that period.

1. (1) If within ten days after any cattle has been impounded, no person appearing to be the owner of such cattle claims the cattle under section 270, such cattle shall be forthwith sold by auction. (2) If within the period specified in sub-section (1), the owner or his agent claims the cattle but refuses or fails to pay the pound-fees and the expenses chargeable under the next succeeding section, the cattle or as many of them as may be necessary, shall be sold by auction: Provided that, if the cattle is not sold at auction under sub-section (1) or (2), it shall be disposed of in such other manner as the Government may by rules prescribe. (3) The Government may frame rules prescribing the manner in which auction under sub-section (1) or (2) may be held. (4) The surplus remaining after deducting the pound-fee and expenses aforesaid from the proceeds of the sale, shall be paid to any person who within fifteen days after the sale, proves to the satisfaction of the Chief Officer, that he was the owner of such cattle and shall in any other case, form part of the municipal fund. (5) No police officer, or Councillor or officer or servant of the Council, including the pound-keeper, shall, directly or indirectly, purchase any cattle at a sale under sub-section (1) or (2).

1. (1) The pound-fee chargeable shall be such as the Government may, from time to time, by rules prescribe for each kind of cattle. (2) The expenses chargeable shall be at such rates for each day during any part of which any cattle is impounded, as the Council may by bye-laws fix.

1. (1) Any person whose cattle have been seized under this Chapter, or having been so seized, have been detained, in contravention thereof, may, at any time, within ten days from the date of the seizure, make a complaint to a Magistrate of the first class. (2) The complaint shall be made by the complainant in person, or by an agent personally acquainted with the circumstances. If the Magistrate on examining the complainant or his agent has reason to believe that the complaint is well founded, he shall summon the persons complained against, and make an inquiry into the case. (3) If the seizure or detention be adjudged illegal, the Magistrate shall award to the complainant for the loss caused by the seizure or detention reasonable compensation not exceeding one hundred rupees to be paid by the person who made the seizure or detained the cattle, together with all fees paid and expenses incurred by the complainant in procuring the release of the cattle, and if the cattle have not been released, the Magistrate shall, besides awarding such compensation, order their release and direct that the fees and expenses leviable under this chapter shall be paid by the person who made the seizure or detained the cattle. (4) The compensation, fees and expenses mentioned in this section, may be recovered as if they were fines imposed by the Magistrate.

1. (a) for any damage proved to have been caused to his property or to the produce of land, by the cattle under the control of the accused, trespassing on his land; and also, (b) that the cattle in respect of which an offence has been committed shall be forfeited to the Government. (3) Any compensation awarded under sub-section (2) may be recovered as if it were a fine imposed under this section. (4) An offenck under this section shall be cognizable.

Whcevsr 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 a nuisance, or who causes or suffers such animals to stray about without a keeper, shall, on conviction, be punished -- (a) for a first offence, with fine which may extend to one hundred rupees: (b) for a second or subsequent offence, with fine which may extend to two hundred and fifty rupees,

1. (1) A Councii may be public notice require that every dog while in the street and not being lea by some person &ail be muzzled in such a way as to allow the dog freely to breathe and to drink, while effectually preventing it from biting. (2) When a notice under eub-section (1) has been issued. the Chief Officer may take possession 'of any dog found wandering unmuzzled in any public streek or place and may either detain such dog untii its owner has within three clear days claimed it, provided a proper muzzle for it and paid a13 the expenses of its detention or may, subject to the pro-visions of sub-sections (3) and (4), cause it to be sold or destroyed. (3) When a dog which has been detained under sub-section (2) is wearlng a collar with the owner's name and address thereon, or a number.ticket or any other mark by which the owner of the dog can be identified, such dog shall not be destroyed until a letter stating the fact that it has been no detalned has been sent to the said address and the dog has remained uncllaimed for three clear days. (4) Any dog which is not claimed wlthin the period specified in sub-section 3 or any dog the owner of which has failed to comply with the provision of sub-section (2) within the specified period therein, m y be sold or destroyed by the Chief Officer after thavldg been detained for the period of three days specified in, sub-eection (3): Provided that any dog which is found to be rabid may be destroyed at any time. (5) The Chief Officer may at any time destroy, or cause to be destroyed, or confine or cause to be con-fined, for such period as he may consider necessary, any dog or other animal suffering from rables or reasonably suspected to be suffering from rabies or bitten by any dog or other animal suffering or suspected as aforesaid. (6) All expensea incurred by the Chief Officer under this section may be recovered from the owner of any dog which has been taken possession of or detain-ed in the same manner an an amount due on account of a property tax. (7) No damages shall be payable in respect of any dog destroyed or otherwise disposed of under this section.

1. (1) It shall appear to any Council at any time that nuisa~ce or annoyance is caused to the public by keeping of pigs within the municipal area or any part thereof, the Council nay direct by public notice that no person shall, without the written pemissjon of the Chief Officer, or otherwise than in confcrmity with the terms of such permission, keep any pigs in the municipal area or any specified part thereof. (2) Whoever after such direction keeps any pigs in any place within the municipal area or specified part thereof without the permission required as aforesaid, or otherwise than in accordance with the terms thereof, shall, on conviction, be punished with fine which may extend to fifty rupees. (3) Any pigs found straying may be forthwith destroyed and carcass thereof disposed of as the Chief Officer shall direct. No claim shall lie for compensation for any pigs so destrdyed.

1. (1) No person shall feed or cause or permit to be fed any animal which is &epts for dairy purpose or is intended for human food, on excrementitious matter, stable refuse, filth or other offensive matter. (2) Whoever contravenes any provision of sub-section (1) shall, on conviction, be punished with fine which may extend to bne hundred rupees.

1. (1) Subject to the general control of the Council, the Chief Officer may take proceedings against any pe,rson who is charged with -- (a) any offence against this Regulation or any rules or bye-laws made thereunder; (b) any offence which affects or is likely to affect any property or interest of the Council or the due administration of thia Regulation; or (c) committing any nuisance whetever; Providea that the Chief Officer shall not, except with the previous approval of the Council, direct a prosecution or order proceedings to be taken for the punishment of any person offending against the provisions of the following sections or sub-sections, namely :-- (i) sub-section (71 of section 171 read with sub-section (8) and (9) of section 184; (ii) sub-section (6) of section 178; (iii) sub-section (5) of section 243; (2) No prosecution for any offence under this Regulation or the rules or bye-laws made thereunder shall be instituted, except within six months next after the date of the commission of the offence, or if such date is not knowh or the offence is a continuing one within six months after the commission or discovery of such offence. (3) Any prosecution undes this Regulation or the rules r bye-laws made thereunder may, save as therein otherwise provided, be instituted before any Magis-trate; and every fine or penalty imposed under or by virtue of this Regulation or any rule or bye-iaw, and any compensation, expenses, charges or damages for the recovery of whlch no special provision is otherwise made in this Regulation, m y be recovered on application to any Magistrate, by the distress and sale of an movable property within the limits of his jurisdiction belonging to the person from whom the money 1s claimable. (4) Notwithstanding ayything contained in section 248 of the Code of Criminal Procedure. 1898, no Magiatrate yptlml shall permit withdrawal of a complaint under that section in respect of an offence punishable under this 'Regulation or the rules and bye-laws made thereunder, unless the Magistrate is satisfied that although the complaint was made in good faith it was based on incorrect facts or insufficient information. (5) Nothrithstanding anything contained in the Code of Criminal Procedure, 1898, all offences punishable under this Regulation or the rules or bye-laws made thereunder may be compounded by the Chief Offi-cer, but only with the permhission of the Court before'which any prosecution for such offence is pending, or when the accused has been committed for trial or when he has been convicted and an appeal is pending, with the leave of the Court to which he is committed, or, as the case may be, before which the appeal is to be heard. (6) The Chief Officer shall before .compounding any offence under the last preceding sub-section odtain the approval of the Standing Committee, and *.the Standing Committee shall not accord its approval ,,unless the accused pays by way of composition of the -.,offence such sum as may be determined by it. Such sum >shall not be less than one-fourth of the maximum amount of fine prescribed for the offence, and if the fine prescribed therefor is unlimited shall not be less than two hundred and fifty rupees. (7) The composition of an offence under this section shall have the effect of an acquittal of the accused with which the offencehas been compounded. (8) The ' expen,ses of all , prosecutions or -,,,>proceedings shall be paid out of the municipal fund.

1. (1) Where the Chief Officer is of opinion that any privy or cesspool, or additional privies or cesspools, should be provided in or on any building or land, or in any municipal area in which a water closet system has been introduced, that water closet or additional water-closets should be provided in or on any building or land, or that water-closets should be substituted for the existing privies in such number as m y be considered necessary by him, the Chief Officer, subject to the control of the Council, may by written notice call upon the owner of such building or land, to provide such privies, cesspools or water-closets or to substitute water-closets for the existing privies at such sites as he may deem proper. (2) The Chief Officer, subject to the control of the Council, may by written notice require any person or persons em loying workmen or labourers exceeding twenty in num er, or owning or managlng any market, school or theatre or other place of public resort, to provide such privies or water closets at such sites as he may direct and to cause the same to be kept in proper order, and to he daily cleaned. (3) The Chief Officer, subject to the control of the Council, may by written notice require the owner or occupier of any land upon which there i~ a privy or water-closet, to have such privy or water-closet shut out, by a sufficient roof and a wall or fence, from the view of persons passing by or resident in the neighbourhood, or to alter as he may direct any privy door or water-closet door or trap door which opens on to any street, and which he deems to be a nuisance.

No distress levied or attachment made by 'virtue of this Regulation shall be deemed unlawful nor shall any party making the same be deemed a 'trespasser on account of any defect,or want of formin any surninons, conviction or warrane of distrees or attachment or other procee-ding relgting thereto, nor. shall such party be deemed a trespksser ab initio on account of any irregularity afterwards committed, by him; but aii persons aggriev-ed by such i.rregularlty.m~y recover full satiefaction for the special damage in any court of competerat jur'is.dictSon.

1. (1) All drains, privies, water-closets, house-gullies, gutters and cesspools and drainage works of every desckiption within a municipal area shall, unlese constructed at the cost of the Council, be altered, repaired and kept in proper order at the cost and charge of the owners of the lahds or buildings to which they belong, or for the use of which they have been constructed or continued; and the Chief Officer, subject to the control of the Council, may by written notice require any such owner to alter, repair, and put the same in good order in such manner as he may think fit. (2) It ahall Be the duty of every such owner of land or building Lo get ouch drains, privies, water-closets, house-gullies, gutters and cesspools cleansed either by the municipal agency or such other agency as the Chief Officer may approve and at such intervals as the Chief Officer reay require. (3) Subject to the controi of the Council, the Chief Officer may by written notice require the owner to demolish or close any privy or cesspool, wheCRer constructed before or after the appointed day, Nhich in the opinion of the Chief Officer i s la nuisance, or ia so constructed as to be inaccessible for the pnr- pose of scavenging or incapable of being properly cleaned or kept in good order.

Whoever -- (a) does or omits to do any act in contraven-tion of any provisione of this Regulation, or the rules or bye-laws made thereunder; or (b) disobeys or fails to comply with any lawful direction given by any written notice or order iasued by or on behalf of a Council under any power conferred by or under this Regu1ation;or (c) fails to comply with the conditions subject to which any permission or licence was given to him by or on behalf of a Council under any powbr conferred by or under this Regu1ation;or (d) when lawfully called upon by the Chief Officer or any officer duly authorised to aupply in information in his possession which may be required for the purpose of this Regulation or of any rules or bye-laws made thereunder, fails to supply such information or wilfully supplies false information, shall, if no other penalty is provided for the offence, on conviction, be puniahed with fine which may extend to one hunddd rilpess, and in the case of.continuing offence with further fine which may extend to ten rupees for every day after the first during which such contravention continues : Provided that, when a notice or order fixes a time within which a certain act is to be done, and no time is specified by or under this Regulation, it shall rest wlth the Magistrate to determine whether the time so fixed was reasonable time.

1. (1) No person shall, without the written consent of the Chief Officer, -- (i) make or cause to be made any drain into or out from any of the drains vested in the Council; or (ii) construct a building over any drain, culvert or gutter vested in the Council. (2) The Chief Officer may, by written notice, require any person -- (i) to demolish, alter, remake, or otherwise deal with any drain constructed in contravention of sub-section il), as he may think fit; or (ii) To pull down or otherwise deal with any building or part thereof constructed in contravention of sub-section (1) as he may think fit. (3) Any person who contravenes any provision of sub-section (1) shall, on conviction, be punished with fine which may extend to one hundred rupees.

1. (1) Subject to the general control of the Council, the Chief Officer may -- (a) institute and prosecute any suit or other proceeding for any claim or demand on behalf of the Council or for any injury to any property, rights or privileges of the Council; (b) withdraw from or compromise or compound any suit or any claim or demand which has been instituted or made on behalf of the Council; (c) institute, withdraw from or compromise or compound any suit or proceeding for the recovery of expenses or compensation claimed to be due to the Council; (d) defend, admit or compromise or compound any appeal against a rateable value or tax; (e) defend any suit or other legal proceedings brought against the Council or any municipal officer or servant in respect of anything done or omitted to be done by them respectively, in their official capacity; (f) admit or compromise any claim, suit or legal proceeding brought against the Council or any municipal officer or servant, in respect of anything done or omitted to be done as aforesaid: Provided that -- (i) if any sanction in the making of any contract is required by this Regulation, the like sanction shall be obtained for compounding or compromising any claim or demand arising out of such contract; (ii) if any such suit is in respect of land leased or sold under sub-section (3) of section 188 or in respect of any immovable property sold or leased for a term exceeding three years or otherwise transferred, it shall not be lawful for the Council to compound or compromise in respect of the suit except with the previous sanction of the Director.
2. (2) A Council may make compensation out of the municipal fund to any person sustaining any damage by reason of the exercise of any of the powers vested in it, its committees, officers or servants under this Regulation.
3. (3) The expenses of any civil proceedings prosecuted or defended on behalf of the Council shall be payable from the municipal fund.

1. (1) The Chief Officer, after due notice to the occupier, may inspect any drain, privy, water-closet, house-gully, gutter or cesspool; and for that purpose, at any time between sunrise and sunset may enter upon any lands or buildings with assistants and workmen, and cause the ground or any other structure to be opened or broken where he or they may think fit, doing as little damage as may be. (2) The expense of such inspection and of causing the ground or the structure to be closed or repaired and. made good as before shall be borne by the Council, unless the drain, privy, water-closet, house-gully, gutter 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-laws or orders thereunder in force at the time or issued in respect of such construction; in which case such expense shall be. paid by the owner of such drain, privy, water-closet, house-gully, gutter or cesspool, and shall be recoverable in the same manner as an amount due on account of a property tax.

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 any of the foregoing provisions of this Chapter, to be executed by inurslci- pal or othehr agency under its'own o,rders, without first of all giving the person by whom the same would otherwise have to be executed the option of doing the same. (2) The expenses of any work so done shall be paid by the person aforesaid, unless the Council shall, by a general or apeeial order 3r re~o?atior~, ~anction the execution of such work at the charge of the municipal fund.

1. (1) No suit shall lie against a Council or against any committee constituted under this Regulation, or against any officer or servant of a Council in respect of any act done in pursuance or execution or intended execution of this Regulation, or in respect of any alleged neglect or default in the execution of this Regulation,-- (a) unless it is commenced within six months next after the accrual of the cause of action; and (b) until the expiration of one month after notice in writing has been, in the case of a Council or its committee, delivered or left at the municipal office and, in the case of an officer or servant of a Council, delivered to him or left at his office or place of abode; and all such notices shall state with reasonable particularity the causes of action and the name and place of abode of the intending plaintiff and of his advocate, pleader or agent, if any, for the purpose of the suite.
2. (2) At the trial of any such suit, -- (a) the plaintiff shall not be permitted to adduce evidence relating to any cause of action save such as is set forth in the notice delivered or left by him as aforesaid; (b) if the suit be for damages and if tender of sufficient amends shall have been made before the action was brought, the plaintiff shall not recover more than the amount so tendered and shall pay all costs incurred by the defendant after such tender.
3. (3) If the defendant in any such suit is an officer or servant of a Council payment of any sum or part thereof payable by him in or in consequence of the suit may, with the sanction of the Council, be made from the municipal fund.
4. (4) Nothing in clause (a) and (b) of sub-section (1) shall apply to any suit under section 38 of the Specific Relief Act, 1963 or under sub-section (1) or (2) of section 92 of this Regulation.

1. (1) Any police officer may arrest any person committing in his view any offence against any of the provisions of this Regulation or of any rule or of any bye-law made thereunder, if the name and address of such person is unknown to him, and if such person declines to give his name and address or if the police officer has reason to doubt the accuracy of such name and address if given; and such person may be detained at the station house until his name and address have been correctly ascertained: Provided that no person arrested shall be detained without the order of a Magistrate longer than shall be necessary for producing him before a Magistrate, or than twenty-four hours of his arrest, whichever is longer.
2. (2) It shall also be the duty of all police officers to give immediate information to the Council of the commission of any offence against the provision of this Regulation or of any rule or bye-law made thereunder and to assist all municipal officers and servants in the exercise of their lawful authority.

The Director, the Collector, or any officer of the Government authorised by the Government, the Director or the Collector, shall generally have power -- (a) to enter on and inspect, or cause to be entered on and inspected any immovable property occupied by or movable property belonging to any Council or any institution under its control or management or any work in progress under it or under its direction; (b) to call for or inspect any extract from any Council's or its committee's proceedings and any book or document in the possession of, or under the control of the Council or any of its committees.

The Director shall have power-- (a) to call for any return, statement, account or report which he may think fit to require any Council to furnish; (b) to require the Council to take into its consideration any objection which appears to him to exist to the doing of anything which is about to be done or is being done by or on behalf of such Council or any information which he is able to furnish and which appears to him to necessitate the doing of a certain thing by the Council, and to make a written reply to him within a reasonable time stating its reasons for not desisting from doing, or for not doing, such thing.

1. (1) If, in the opinion of the Collector, the execution of any order or resolution of a Council, or the doing of any thing which is about to be done or is being done by or on behalf of a Council, is causing or is likely to cause injury or annoyance to the public or is against public interest or to lead to a breach of the peace or is unlawful, he may by order in writing under his signature suspend the execution or prohibit the doing thereof.
2. (2) When the Collector makes any order under his signature, he shall forward to the Council affected thereby a copy of the order indicating therein the reasons for making it and also submit a report to the Director along with a copy of such order.
3. (3) Within twenty days from the receipt of such order of the Collector, the Council shall, if it so desires, forward a statement to the Director indicating therein why the order of the Collector should be rescinded, revised or modified. If no such statement is received by the Director within time, the Director shall presume that the Council had no objection if the order of the Collector is confirmed.
4. (4) On receipt of such report from the Collector and the Council's statement referred to in sub-section (3), if any, the Director may rescind the order or may revise or modify or confirm the order or direct that the order shall continue to be in force with or without modification: Provided that the Director shall take into account the statement of a Council, if received, before such an order is made by him.

1. (1) In case of emerge- ncy, the Collector may provide for the exedution of any work, or the doing of any act, which may be executed or done by or on behalf of a Council and the immediate execution or doing of which is. in his opinion, necessary for the health or safety of the public; and may direct that the reasonable expense of executing the work or doing the act, with a reasonable remuneratron to the person appainted to execute or to do it, shall forthwith be paid by the Council. (2) If the expense and remuneration are not so paid, the Rollector may make an order directing any person, who for the time being has custody of any moneys on behalf of the Council as its officer. treasurer, banker or otherwise, to pay such expense and remuneration from such moneys as he may have in his hands or may from time to time receive, and such person ahall be bound to obey such otder. Every bayment made purmuant to such order shall be a sufficient discharge to auch person from all liability to the Council in respect of any sum or sums so paid by him out of the moneye of the Council held or received by him. (3) The provisions of sub-Lectiona (2), (3) and (4) of the last preceding section shall apply so far as may be to any order made under this section.

If in the opinion of the Director the number of gerrons who are employed by a Council as officers or servants, or whom a Council proposes to employ or the remuneration assigned by the Counci? to those persons or to any particular person in excessive, the Council shall, on the requirement of the Director, teduce the number of the said persons ot the remuneration of the said person or persons : Provided that the Council may appOal against any such requirement to the Government, whose decision shall be conclusive.

(1.) The Government may ,order an inquiay . to be , held by any-officer appointed by it in this behalf into, any matters concerning the municipal administration of any.Counci1 or any matters with respect- to which sanction,: approval or. consent of. the Government is required under this Regulation. (2) The,, off i c w holding such inquiry shall for thepurpose- thereof have the powers which are veste* in a Court under Code of Civil Procedure, 1988, in VoflW,!: respect of the following matters : -- (a). discovery and inspection, (b) enforcing the attendance of* witnesses-,. and requiring.the deposits of their expenses. (c) compelling t h e production of documents. (dl examination of witnesses on oath, (e) granting adjourments, (f) reception of evidence on affidavit, and. (g) .i.sauing cQimiesion cases, may summon : and examine any person whose evidence appears to him to be material; and shall be deemed to be a Civil Coyr,t.within the meaning of ..section 488 and 482 of the Code .of Cri- minal , pro.cedure, 1898. v of 10898. Explanqti~n.' - E o r t h e purpose of enforcing. the , atitendance of witnes&es the local limit o . f . . ~ h obfi-. cer's jurisdiction. shall be the limits o~Pe the Union Territory. (3) The reasonab1.e expenses incurred by any person in attending to kive evidence may be allowed by the . .officer holding the inquiry to such person and shall be deemedto be part of the costs. (4) Costa shall be in the discretion of the Government and the Government shall have full power to determine by and to whom and to what extent such costs are to be paid and such costs shall be recove- rable as an arrear of land revenue.

1. (1) When the Director is iafarmed, on a ,$,- ! complaint made .or otherwise, that def,ault has been made in the performance of any duty imposed on a m : + - . 1x4 Council by or under this Regulation or by or under 3j;.; any enactment for the time being in force, the % - Director, if satisfied after due inquiry that the alleged default has been made, may by order fix a period for the performance of that duty and *. ,* I communicate such order to the CaunciL. (2) If the duty is not percorned within the period *. ,- u so fixed the Director may appoint some person to : perform it, and mag direct that the expense of per- forming it; ,with a reasonable remuneration to the . person appointed to perfokm it, ahall be forthwith % , paid by the, Council. (3) If Dhe expense and remuneration are not so paid, the Director may make an order directing the if bank in which any moneys of the Council are deposi- . ry,ted or the person in charge of the local. Government I Treasury or af any other place of security in which the moneys of the Council are deposited to gay such expense and remunCsation from euch moneys ae may be ;.i. standing to the credi"t09 the Council in such bank or :-> . may be in the hands of reruch pereons or as may from J . . ~q <- time to time be received from or on behalf of the Council by way of deposit by such bank or person, and :L? auch bank or person shall be bound to obey such order. Every payment3hade pursuant to auch order shall be a sufficient discharge to such bank or person fsomvall liability to the Council in respect of any sum or,surns.so paid by it or him out of the moneys of the @ounciP so deposited with such bank or person.

1. (1) If, in the Opinion of the Administrator, the Council is not competent to perform sxly ..py 0-1' r: duties imposed upon it by or under this Regulation or any other law for the time being in force; or persistently .'. makes . default :*;- <n the performance ~b auch duties, or in kcri7.3~~ ,+p,3 ~fli:i* complying with the lawful directions and 02 . i t z ; 1 ' 5 9 order= issued by the Collector, the i~,:,,, Director, the Adrniniriitrator or any other %rig S - , J ' i ; 2 s ' 5 r + i i . . . *;- ; ; % " -. f-idf authority empowered under any law for . . :+: the time being in force to issue such i h -L, direction OH orderb~ to the .6ouncil; or f ' f : 5 (cf exceeds or abuses ikg powers; or f V l " , . f , ' . > ~ , ? 1 - ' s*,?23b ' ' 9d) ' t! a situation has arisen in which the 'f75""~f'"*,$L ',>> . " the Administrator of the eounclf cannot be ,;. c:E . i 3 carried out in accordance with the .:- :;&~ -- -- - 4 r+3-c ?--provision of this Regulation ; or t . \ c 'f",-- ' < ' - *.*- ,. * - " - * . * > : r 1 ,- .;, 6; r p teS the financial position and the credit of . - the CsuneiS is- seyiously thereakcned, . % c ' : r . * $ 9: % the Adminisbratos 'may, by an order \ . 2 ; $ 4 ' 3.. 2 ! - ' L .. published together with a statement of *iE{<+ ' " " ' - 9 : a t e & reasons therefor, in the &ff Pcial - r "P.,: - a -* f r.- Gazette, diaaalve the Council : -it;. ,-: 1 .*t:,: i ariql>- A f %fkovided that the Council shall be biven a ' I* . . 1;reasonable 1og$?orkunity of, being heard before its 's- >i--::>~isssliLltion,'. (2) When the Council is dissolved by an Order under sub- section (I), (a) all Councillors shall, on the date of dissolution, vacate their office as such Counc~llors and the persons referred to in sub-section (2) of section 9 shall cease to be represented in the Council; (b) during the period of dissolution of the Council, all the powers and functions vesting in or exercisable by the Council., the President, the Vice - President, the various Committees, the Councillors and the Chief Officer under this Regulation or any other law, for the time being in force, shall vest in and be exercisable by such officer or authority as the Adminimtrator may appoint in that behalf. (c) all property vested in the Council shall, until it is reconstituted, vest in the Central Government, (3) Subjects to the provisions of section 42, an election to constitute the bouncil shall he con~pleted before the expiration of a period of six months from the date of its dissolution.

1. (1) Every general or public notice which by or under this Regulation, a Council or any municipal Authority or officer is required or empowered to publish shall, in addition to any other procedure for its publication laid down by or under this Regulation, be published by putting up such notice on the municipal notice board. (2) Such a general or public notice may also be published in addition in any of the following manners :- (a) by putting up such notice at such prominent places within the municipal area or if such notice pertains to any locality in the municipal area only, then at such prominent places within that locality as the Council may from time to time select; (b) by publishing such notice in such newspapers circulating within the municipal area as the Council may from time to time approve; (c) by beat of drum or any other customary mode of publicity within the municipal area. (3) If, by or under this Regulation, the notice is required to be published in the manner specified in clause (b) of sub-section (2) and if in the opinion of the authority publishing such notice it is not practicable to publish the full text of the notice having regard to the cost of such publication, it shall be deemed to be sufficient compliance with clause (b) of sub-section (2) if each notice is placed on the municipal notice board and if a gist of such notice is published in the newspaper approved under clause (b) of sub-section (2), together with an announcement that the full text of the notice has been placed on the municipal notice board. (4) The provisions of this section shall apply to any proclamation, order or other instrument which the Council or any municipal authority or officer is required or empowered to publish for general information of the residents of the municipal area.

Where any notice, order or requisition under this Regulation requires any act to be done for which no time is fixed by or under this Regulation, such requisition shall fix a reasonable time for doing the same.

1. (1) Where by or under this Regulation, any person is required to execute any work or do anything and default is made in the execution of such work or the doing of such thing, 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 Regulation, be paid to the Council by the person by whom such work ought to have been executed, and shall be recoverable in the same manner as an amount claimed on account of a property tax, either in one sum or by instalments, as the Council may deem fit: Provided that, (a) except as otherwise provided by or under Regulations a notice shall be issued to such person requiring him to execute such work or to do such thing; (b) Where any drainage scheme or water works scheme has been commenced by any Council, it shall be lawful for the Council, without prejudice to its powers under section 195 or any other provision of this Regulation, to make a special agreement with the owner of any building or land as to the manner in which the drainage or water connection thereof shall be carried out, and the pecuniary or any 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 described in sub-sections (2) and (3); (4) Where an order or requisition has been passed under sub-section 1 of section 171, section 178, sub-section 1 or 2 of section 184 or under section 195, 197, 282 or 283 or where any permission has been given under section 199 or where an arrangement has been made under proviso (b) of this sub-section, the council may, without prejudice to any other powers under this Regulation, if it thinks fit, declare any expenses incurred by the Council in the execution of such order or in the carrying out of such requisition, permission or arrangement to be improvement expenses. Improvement expenses shall be a charge upon the premises or land and shall be levied in such instalments as the Council may decide, including interest at the rate of seven and a half percent, per annum, and shall be recoverable in the manner described in sub-section (2) and (3). (2) If the defaulter be the owner of any building or land in respect of which he is required to execute any work or do anything, 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 so leviable shall be recoverable in the same manner as an amount claimed on account of any property tax; every such occupier shall be entitled to deduct from the rent payable by him to his landlord such as has been so paid by or recovered from such occupier in respect of any such expenses. (3) No occupier of any building or land shall be liable to pay more money in respect of any expenses charged by this Regulation 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 the demand made upon him, or which, at any time after such demand and notice not to pay rent to the landlord has accrued and become payable by such occupier, unless he neglects or refuses, upon application made to him for that 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: Provided that nothing herein contained shall be taken to affect any special contract made between any such occupier and the owner respecting the payment of any such expenses as aforesaid.

If the occupier of any building or land prevents the owner thereof from carrying into effect in respect of such building or land, any of the provisions of this Regulation, after notice of his intention so to carry them into effect has been given by the owner to such occupier, any Executive 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 Regulation, and may also, if he thinks fit, order the occupier to pay to the owner the costs relating to such application or order; and if, after the expiration of eight days from the date of the order, such occupier continues to refuse to permit such owner to execute any such work, such occupier shall, on conviction, 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 in executing such works.

1. (1) Save as otherwise expressly provided in this Regulation, if an agreement is not arrived at with respect to any compensation or damages which are by this Regulation directed to be paid, the amount, and if necessary, the apportionment of the same, shall be ascertained and determined by the Council. (2) Any person who is aggrieved by the amount of compensation or damages determined by the Council or the apportionment of such compensation or damages, may within one month from the date of receipt by him of an intimation about the compensation or damages or the apportionment thereof determined by the Council, appeal to the District Court against the determination made by the Council. (3) Any person who is aggrieved by the failure of the Council to determine the amount of compensation or damages or the apportionment thereof, may give to the council a notice stating the circumstances of the case and requesting the Council to determine the amount of compensation or damages or the apportionment thereof. If the Council fails so to determine the amount of compensation or damages or the apportionment thereof within a period of one month from the receipt by it of the notice aforesaid, such person may apply to District Court to determine the amount of compensation or damages or the apportionment thereof. (4) In cases in which the compensation is claimed in respect of land, the District Court in deciding any appeal or application under sub-section (2) or (3) shall follow, as far as may be, the procedure providing by the Land Acquisition Act, 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 apportion the costs of all proceedings in any manner it thinks fit. (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 Council or the District Court as the case may be, take possession of the land or building, after paying the amount of compensation determined by the Council or the District Court to the party to whom such compensation may be payable. If such party refuses to accept such compensation, or if there is no person competent

1. (1) The Power to make all rules under this Regulation shall be exercisable by the Government by notification in the Official Gazette.
2. (2) Without Prejudice to any power to make rules contained elsewhere in this Regulation, the Government may make rules consistent with this Regulation generally to carry out the purposes of this Regulation.
3. (3) All rules made under this Regulation shall be subject to the condition of previous publication, for fifteen days.
4. (4) Every rule made under this Regulation shall be laid as soon as may be after it is made before the Legislature of the Union territory while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if, Before the expiry of the session in which it is so laid or the session immediately following, the Legislature agree in making any modification in the rule or the Legislature agree that the rule should not be made, and notify such decision in the Official Gazette, the rule shall from the date of publication of such notification have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annualment shall be without prejudice to the validity of any-thing previously done or omitted to be done under that rule.

1. (1) The Power to make all bye-laws under this Regulation shall be exercisable by each Council, subject to the previous sanction of the Director or the Government as herein-after provided.
2. (2) Without prejudice to any power to make bye-laws contained elsewhere in this Regulation, a Council may make bye-laws consistent with this Regulation and the rules made thereunder for the administration of its affairs and for the guidance of its Committees, officers and servants.
3. (3) (a) The Council whenever it desires to make bye-laws under this Regulation, shall by a resolution at a special meeting approve a draft of such bye-laws.
   • (b) The Council shall put up the draft on its notice board and publish it in a local newspaper as soon as may be possible, after such resolution is passed, inviting the inhabitants to submit their objections and suggestions to the Council within a reasonable period to be specified in such notice.
   • (c) The Council at a special meeting shall then consider the objections and suggestions received, if any, and shall by a resolution approve the final draft of the bye-laws.
   • (d) Within seven days of the passing of such resolution, the Council shall send such final draft to the Director.
   • (e) The Director shall examine the final draft of the bye-laws sent to him under clause (d) and may -- (i) refuse to sanction them or return them to the Council-if in his opinion,-- (A) the bye-laws are inconsistent with this Regulation or the rules made thereunder and the inconsistency cannot be removed except by materially altering the bye-laws; or (B) objection, if any, to the bye-laws has not been duly considered by the Council; or (C) there is any new objection to the bye-laws; or (D) the rates of taxes or fees proposed in the bye-laws are inadequate; or (ii) sanction them, with or without such modifications as he considers necessary. The Director shall publish the bye-laws as sanctioned by him in the Official Gazette and the bye-laws so published shall take effect from the date of their publication in the Official Gazette or such other subsequent date as may be mentioned therein;
   • (f) Notwithstanding anything contained in clause (e), if the bye-laws sent by any Council under clause (d) relate to imposition, abolition, remission, alteration or regulation of any tax, the Director shall forward them to the Government for sanction and thereupon the provisions of clause (e) shall apply as if for the word "Director" in the said clause the word "Government" had been substituted.
4. (4) If it appears to the Government that an amendment of any of the bye-laws of a Council is necessary or desirable in the interests of the general public or because they are inconsistent with any provisions of this Regulation or the rules made thereunder, the Government may, after consulting the Council, by notification in the official Gazette, amend or cancel any of the bye-laws, and on the issue of such notification the bye-laws shall be deemed to have been duly amended or cancelled, as the case may be, accordingly, without prejudice to the validity of anything previously done or omitted to be done.

Subject to the provisions of sub-section (2) to (4), it shall be lawful for the President, Vice-president, the Chief Officer or any officer authorised by or under this Regulation, or by the Chief Officer in this behalf, to enter for the purposes of this Regulation with such assistants as he may deem necessary, into or upon any building or land and to open or cause to be opened any door, gate or other barrier- (a) if he considers the opening thereof necessary for the purpose of such entry; and (b) if, the owner or occupier is absent or being present refuses to open such door, gate or barrier. (2) Save as otherwise provided in this Regulation or any rule or bye-law made thereunder, no entry authorised by or under this Regulation, shall be made except between the hours of sunrise and sunset. (3) Save as otherwise provided in this Regulation or any rule or bye-law made thereunder, no land or building shall be entered into or upon without the consent of the occupier or, if there be no occupier, of the owner thereof and no such entry shall be made without giving the said occupier or owner, as the case may be, not less than twenty four hours written notice of the intention to make such entry: Provided that no such notice shall be necessary if the place to be inspected is a factory or workshop or trade premises or a stable for horses or a shed for cattle or a latrine or urinal or a work under construction, or for the purpose of ascertaining whether any animal intended for human food is slaughtered in that place in contravention of this Regulation or any bye-law made thereunder. (4) When any place used as a human dwelling is entered under this Regulation, due regard shall be paid to the social and religious customs and usages of the occupants of the place entered, and no apartment in the actual occupancy of a female shall be entered or broken open until she has been informed that she is at liberty to withdraw and every reasonable facility has been afforded to her for withdrawing.

1. (1) Whenever any person is required to execute any work by or under the provisions of this Regulation and the Chief Officer is of opinion whether on receipt of an application from such person or otherwise that the only or the most convenient means by which such person can execute such work is by entering any of the adjoining premises belonging to some other person, the Chief Officer after giving the owner or occupier of such adjoining premises a reasonable opportunity of stating any objection, may, if no such objection is raised or if any objection which is raised appears to him invalid or insufficient, by an order in writing, authorise such person required to execute the work, to enter such adjoining premises: Provided that, in an emergency, the Chief Officer may authorise any person to enter such adjoining premises, without giving the owner of such adjoining premises, opportunity to state his objection, if any. (2) Subject to the provisions of sub-section (3), every such order bearing the signature of the Chief Officer shall be sufficient authority to the person in whose favour it is made, or to any agent or person employed by him for this purpose, to enter upon the said premises with assistants and workmen, and to execute the necessary work. (3) The provisions of sub-sections (2), (3) and (4) of the last preceding section, except the proviso to sub-section (3) of that section, shall mutatis mutandis apply to every entry made under this section. (4) In making such entry or in executing such work, as little damage as can be shall be done to the property of the owner of the adjoining premises, and the owner or occupier of the premises for the benefit of which the work is done, shall- (i) cause the work to be executed with the least practicable delay; and (ii) pay compensation to any person who sustains damage by the execution of such work. If there is any dispute as regards the amount of compensation to be paid, such amount shall be determined by the Chief Officer. (5) If the owner or occupier of the premises for the benefit of which the work is done, refuses to pay the compensation payable under sub-section (4), the amount of such compensation may be recovered by the Chief Officer as an arrear of a property tax and paid to the person who sustains damage by the execution of such work.

1. (1) The Chief Officer may, in order to facilitate the service, issue, presentation or giving of any notice, bill, summons or such other document upon or to any person by written notice require the owner or occupier of any immovable property or of any portion thereof or the owner or person in charge of any movable property to state in writing, within such period as the Chief Officer may specify in the notice, the nature of his interest therein and the name and address of any other person having an interest therein whether as freeholder, mortgagee, lessee or otherwise so far as such name and address are known to him. (2) Any person required by the Chief Officer in pursuance of sub-section (1) or any other provisions of this Regulation to give the Chief Officer any information shall be bound to comply with the same, and give to the information to the best of his knowledge and belief.

1. (1) Where on information received, the Director is of the opinion that any person, who in his capacity as a President, Vice-President, Councillor, or officer or servant of a Council had in his custody any records, stores or money or other property belonging to the Council, inspite of the expiry of his term of office of his removal or suspension from office, as the case may be, has not delivered such records, stores, money or other property to his successor in the office, the Director may by a written order require that the records, stores, money or other property so detained, be delivered to such successor within the time to be specified in such order. (2) If such President, Vice-President, Councillor, or officer or servant of the Council fails to comply with the order of the Director under the foregoing sub-section, it shall be lawful for the Director,- (a) for recovering any such money, to direct that such money may be recovered as an arrear of land revenue and no such direction being given by the Director such money shall be recoverable as an arrear of land revenue from such person; (b) for recovering any such records or stores or other property, to issue a search warrant and to exercise all such powers with respect thereto as may lawfully be exercised by a Magistrate under the provisions of Chapter VII of the Code of Criminal Procedure, 1898. (3) No action shall be taken under this section, unless the person concerned has been given a reasonable opportunity to show cause why such action should not be taken against him. (4) The fact that action is or has been taken against an outgoing President or Vice-President under the provisions of this section shall not be a bar to the prosecution of such President or Vice-President under sub-section (4) of section 58.

Where by or under this Regulation, the previous sanction of any authority is required in respect of any staff or expenditure and such previous sanction is not obtained, such authority may accord ex-post facto

1. (1) Whenever it is provided by or under this Regulation that a licence or a written permission may be given for any purpose, such licence or permission shall specify the period for which, and the restrictions and conditions subject to which the same is granted and the date by which an application for the renewal of the same shall be made, and shall be given under the signature of the Chief Officer or of any other municipal officer empowered by or under this Regulation or by the Chief Officer to grant the same.
2. (2) Except as otherwise provided by or under this Regulation, there shall be charged a fee—
   • (a) for every such licence at such rates as shall from time to time be specified in the respective provision of the bye-laws relating to the grant of such licence; and
   • (b) for every such written permission at such rates as shall from time to time be specified in the bye-laws made in this behalf: Provided that—
     • (i) such fee may be a recurring fee;
     • (ii) the bye-laws may provide for the levy of a higher fee by way of penalty for any act done by any person without licence or written permission;
     • (iii) the higher fee levied under clause (ii) of this proviso shall be leviable in addition to any other penalty or liability to which such person may be liable under the provisions of this Regulation or any rules or bye-laws made thereunder.
3. (3) Any licence or written permission granted under this Regulation may at any time be suspended or revoked by the competent authority, if such authority is satisfied that it has been secured by the holder through misrepresentation or fraud or if any of its restrictions or conditions are infringed or evaded by the person to whom the same has been granted, or if the said person is convicted of an infringement of any of the provisions of this Regulation or of any rule or bye-law pertaining to any matter to which such licence or permission relates.
4. (4) When any such licence or written permission is suspended or revoked or when the period for which the same was granted has expired the person to whom the same was granted shall, for all purposes of this Regulation, be deemed to be without a licence or written permission, until the order for suspending or revoking the licence or written permission is cancelled or until the licence or permission is renewed, as the case may be: Provided that, when an application has been made for the renewal of a licence or written permission by the date specified therein, the applicant shall be entitled to act as if it has been renewed, pending the receipt of orders.
5. (5) Every person to whom any such licence or written permission has been granted shall, at all reasonable times, while such written permission or licence remains in force, if so required by the Chief officer of any municipal officer duly authorised in this behalf, produce such licence or written permission.
6. (6) Every application for a licence or written permission shall be addressed to the Chief Officer.
7. (7) The acceptance by or on behalf of the Council of the fee for a licence or permission shall not in itself entitle the person paying the fee to the licence or permission.

Upon a conviction being obtained in respect of the use of any place for any purpose without a licence or permission or in contravention of the conditions subject to which any licence or permission may have been granted, the Magistrate may, on the application of the authority competent to grant such licence or permission but not otherwise, order such place to be closed, and thereupon appoint any person or persons or take other steps to prevent such place being so used.

1. (1) In this section, unless the context otherwise requires—
   • (a) "specified day" means the day from which any local area is declared to be a municipal area under sub-section (1) of section 3 or the day from which a change referred to in any of the clauses (a) to (e) of sub-section (1) of section 6 takes effect;
   • (b) "existing local authority", in relation to any local area, means the Municipal Council or the panchayat having jurisdiction over such area immediately before the specified day;
   • (c) "successor local authority" in relation to any local area, means the Municipal Council or the panchayat having jurisdiction over such area from the specified day;
   • (d) "Panchayat" means a village panchayat established or deemed to be established for any village or group of villages under the Goa, Daman and Diu Village Panchayats Regulation, 1962.
2. (2) When—
   • (a) any local area is declared to be a municipal area;
   • (b) any local area is added to a municipal area;
   • (c) any local area is excluded from a municipal area;
   • (d) two or more municipal areas are amalgamated into one municipal area; or
   • (e) a municipal area is split up into two or more municipal areas, the Government may, notwithstanding anything contained in this Regulation or any other law for the time being in force, by an order published in the Official Gazette, provide for all or any of the following matters, namely :—
     • (i) in a case falling under clause (a) or (d), the constitution of an interim Council consisting of such number of Councillors appointed by the Government or of Councillors elected by the members or councillors of the existing local authorities or consisting partly of such appointed Councillors and partly of such elected Councillors, as the Government may determine, until the successor Council is in due course constituted under this Regulation;
     • (ii) in a case falling under clause (b), the interim increase in the number of Councillors, either by appointment of the additional Councillors by the Government or by election by the members of the existing local authorities or partly by such appointment and partly by such election, as the Government may determine, until the successor Council is in due course constituted under this Regulation;
     • (iii) in a case falling under clause (c), the removal of the Councillors, who in the opinion of the Government, represent the area excluded from the municipal area;
     • (iv) in a case falling under clause (e) the appointment of an administrator or administrators to exercise the powers and to perform the duties and the functions of the successor Councils, until such Councils are in due course constituted under this Regulation;
     • (v) the term for which the Councillors appointed or elected under clause (i) or (ii) or the administrators appointed under clause (iv) shall hold office and the manner of holding election and filling casual vacancies;
     • (vi) the transfer, in whole or in part, of the assets, rights and liabilities of an existing local authority (including the rights and liabilities under any agreement or contract made by it) to any successor local authorities or the Government and terms and conditions for such transfer;
     • (vii) the substitution of any such transferee for an existing local authority or the addition of any such transferee as a party to any legal proceeding to which an existing local authority is a party; and the transfer of any proceedings pending before the existing local authority or any authority or officer subordinate to it to any such transferee or any authority or officer subordinate to it;
     • (viii) the transfer or re-employment of any employees of an existing local authority to, or by, any such transferee or the termination of service of any employees of an existing local authority and the terms and conditions applicable to such employees after such transfer or re-employment or termination;
     • (ix) the continuance within the area of an existing local authority of all or any appointments, notifications, notices, taxes, orders, schemes, licences, permissions, rules, bye-laws, regulations or forms made, issued, imposed or granted by, or in respect of, such existing local authority and in force within its area immediately before the specified day, until superseded or modified under this Regulation;
     • (x) the extension and commencement of all or any appointments, notifications, notices taxes, orders, schemes, licences, permissions, rules, bye-laws, regulations or forms made, issued, imposed or granted under this Regulation by, or in respect of, any existing Council and in force within its area immediately before the specified day, to and in all or any of the other areas of the successor Council, in supersession of corresponding appointments, notifications, notices, taxes, orders, schemes, licences, permissions, rules, bye-laws, regulations of forms (if any) in force in such other areas immediately before the specified day, until the matters so extended and brought into force are further superseded or modified under this Regulation;
     • (xi) the continuance within the area of an existing local authority of all or any budget estimates, assessments, assessment lists, valuations, measurements or divisions made or authenticated by, or in respect of, such existing local authority and in force within its area immediately before the specified day, until superseded or modified under the relevant law;
     • (xii) the removal of any difficulty which may arise on account of any change referred to in clause (a) to (e).
3. (3) Where an order is made under this section transferring the assets, rights and liabilities of an existing local authority, then, by virtue of that order, such assets, rights and liabilities of the existing local authority shall vest in and be the assets, rights and liabilities of, the transferee. (4)(a) Where an order is made under this section, the Director shall, before the expiry of the term of the Councillors or municipal administrators appointed or elected under paragraph (i), (ii) or (iv) or of the Council in whose case the number of Councillors is reduced under paragraph (iii) of sub-section (2), take steps in accordance with section 9 of this Regulation, for the purpose of determining the number of Councillors of, and for holding election for, the new Council or Councils, as the case may be;
   • (b) the Councillors of the interim Council or of the Council in whose case there is an interim increase or reduction in their number or the administrator or administrators appointed or...

When the whole of the local area comprising a municipal area ceases to be a municipal area, with effect from the day on which such local area ceases to be a municipal area,- (i) the Council constitued for such municipal area shall cease to exist or function ; (ii) the Councillors of the Council shall vacate office : (iii) the Director may, notwithstanding any thing contained in this Regulation or any other law for the time being in force, by an order published in the Official Gazette provide in respect of such area for all or any of the matters specified in paragrap (vi) to (xii) (both inclusive) of sub-section (2) of section 325 and the provision of sub-section (3) of that section shall apply to such order.

Subject to the provisions of this Chapter, all the Municipal Legislation under the Reforma Administrativa Ultramarina (R.A.U.) or any other law in force immediately before the commencement of this Regulation in the Union territory corresponding to this Regulation shall, on the appointed day, stand repealed except as respect things done or omitted to be done thereunder.

The provisions of this Regulation shall have effect notwithstanding anything inconsistent therewith contained in any other law in force in the Union territory.

Notwithstanding anything contamed in any repealed law or in any other law for the time being in force, the term or extended term of office of the Councillors or members of any existing Council shall expire at 12 midnight of such day as the Government may by notification in the Official Gazette appoint,

With effect on and from the appointed day, the following consequences shall ensue, that is to say- (a) the Municipal Councils (Camaras Municipais) (hereinafter and in section 324 called the "existing Councils"), shown in column 5 of Schedule I, which were functioning immediately before the appointed day, shall be deemed to be succeeded by the Councils shown againist them in column 3 thereof (hereinafter called the "successor Councils"); (b) all property, movable and immovable, situated within the local area of a successor Council (and all interests of whatever nature and kind in such property) which vested in the corresponding existing Council immediately before the appointed day and which was being used immediately before the said day for the performance of any of the functions or duties which are required to be performed by the successor Council, under the provisions of this Regulation, shall be deemed to be transferred to and shall vest, without further assurances to such successor Council, subject to all limitations, conditions and rights of interest of any person, body or authority in force or subsisting immediately before the appointed day; (c) all property, movable and immovable, situated outside the local areas of a successor Council but within the jurisdiction of a Village Panchayat constituted under the Goa, Daman and Diu Village Panchayats Regulation, 1962 (and all interests of whatsoever nature and kind in such property) which vested in an existing Council immediately before the constitution of such Village panchayat for the performance of any of the functions or duties which are required to be performed by the said Village Panchayat under the provision of the Goa, Daman and Diu Village Panchayats Regulation, 1962, and are not required by the Council for the performance of its duties under This Regulation, shall be deemed to be transferred to and shall vest, without further assurances in such Village Panchayat, subject to all limitations, conditions and rights of interests of any person, body or authority in force or subsisting immediately before the appointed day; (d) all property, movable and immovable, wherever situated (and all interests of whatsoever nature and kind in such property) which vested in an existing Council immediately before the appointed day and which was being used for a function which on and from the appointed day are not required to be performed by an existing Council under the provisions of this Regulation or by a Village Panchayat under the Goa, Daman and Diu Village Panchayats Regulations, 1962, shall be deemed to be transferred to and shall vest, without further assurances, in the Government, subject to all limitations, conditions and rights or interests of any person, body or authority in force or subsisting immediately before the appointed day; (e) all rights, liabilities and obligations of an existing Council (including those arising under an agreement or contract) shall be deemed to be the rights, liabilities and obligations of the corresponding successor Council, the Village Panchayat or the Government, according as the function or duty out of which such rights, liabilities and obligation have arisen, is required to be performed on and from the appointed day by such successor council, Village Panchayat or the Government, as the case may be; (f) all sums due to an existing Council, whether on account of any tax or otherwise, shall be recoverable by the successor Council, Village Panchayat or the Government, according as the duty or function out of which such sum has become due, is require to be performed on and from the appointed day by the successor Council, the Village Panchayat or the Government and the successor Council, the Village Panchayat or the Government, as the case may be. shall be competent to takes any measure or institute any proceedings, which it would have been open to the existing Council or any authority thereof to that effect before the appointed day; (g) the municipal fund and liabilities other than those specified in sub-para (f) of an existing Council shall be declared to be the municipal fund and liabilities of the successor Council; (h) all contracts made with and all instruments executed on behalf of an existing Council, shall be deemed to have been made or executed on behalf of the successor Council, the Village Panchayat or the Government, according as the duty and function, as a result of which such contract was made or the instrument executed is required on and from the appointed day to be performed by the successor Council, the Village Panchayat or the Government, as the case may be, and shall be performed accordingly; (i) all proceedings and matters pending before any authority under any of the repealed laws immediately before the appointed day, shall be deemed to be transferred to the corresponding authority under this Regulation competent to entertain and dispose of such proceedings or matters; (j) in all suits and legal proceedings pending on the appointed day in or to which an existing Council was a party, the successor Council or local authority shall be deemed to have been substituted therefor; (k) any appointment, notification, notice, tax, order, scheme, licence, permission, rule, bye-law, regulation or form held, made, issued, imposed or granted by or in respect of an existing Council under any of the repealed laws or any other law for the time being in force in the area of such existing Council, and in force immediately before the appointed day, shall, in so far as it is not inconsistent with the provisions of this Regulation, continue to be in force as if made, issued, imposed or granted in respect of the corresponding area of the successor Council, until superseded by an authority competent so to do: Provided that -(i) no rule made under any of the repealed laws in respect of an existing Council and in force immediately before the appointed day shall be deemed to be consistent with the provisions of this Regulation by reason only of the fact that under this Regulation it is permissible to make only a bye-law or any other instrument other than a rule in respect of the matter provided for in such rule; (ii) the provisions of clause (i) of this proviso shall mutatis mutandis apply to any bye-laws, regulations, or any other instruments made under any of the repealed laws in respect of an existing Council and in force immediately before the appointed day; (l) all budget estimates, assessments, assessment lists, valuations, measurements and divisions made by or in respect of an existing Council under any of the repealed laws or any other law for the time being in force in the area of such existing Council and in force immediately before the appointed day, shall, in so far as they are not inconsistent with the provisions of this Regulation, be deemed to have been made by, or in respect of the successor council for that area; (m) any reference in any law or in any instrument to the provisions of any repealed law, shall, unless a different intention appears, be construed as a reference to the corresponding provisions of this Regulation; (n) any reference in any law or in any instrument to an existing Council shall, unless a different intention appears, be construed as a reference to the successor Council and such law or instrument shall apply to the successor Council; (o) any reference in the above clauses to an existing Council shall, in case such Council has been superseded or dissolved or is not otherwise functioning, be deemed to be a reference to the person or persons appointed to exercise the powers and discharge the duties and functions of such Council.

All officers and servants in the employment of an existing Council immediately before the appointed day, shall be deemed to be transferred to the service of the successor Council and shall, until other provision is made by a competent authority, receive such salaries and allowances, pension, provident fund, gratuity and other retirement benefits and be subject to such other conditions of service to which they were entitled immediately before the date of commencement of this Regulation : Provided that the conditions of service applicable immediately before that date to the case of any officer or servant so transferred to the service of the successor Council shall not be varied to his disadvantage except with the previous approval of the Government : Provided further that nothing in this section shall affect the power of the successor Council to discontinue the service of any such officer or servant in accordance with the provisions of this Regulation,

Notwithstanding anything contained in section 51 it shall be the duty of every successor Council or local authority to continue to carry out any duty or to manage, maintain or look after any institution, establishment, undertaking, measure, work or service, which the existing Council had been responsible for carrying out, managing, maintaining or looking after immediately before the appointed day until the Government by order relieves the successor Council or local authority of such duty or function.

Omitted.

If any difficulty arises in giving effect to the provisions of this Regulation, or the Daman and Diu Municipalities (Amendment) Regulation, 1994 the Government may as the occasion requires by order do anything which appears to it to be necessary for the purpose of removing the difficulty: Provided that no order shall be made under this section after the expiry of two years from the commencement of this Regulation.

The Government may, at any time, for the purpose of satisfying itself as to the legality or propriety of any ordex passed by, or as to the regularity of the proceedings of, any Council or any officer subordinate to such Council or the Government, acting in exefcise of any power conferred on it or him by or under this Regulation, call for and examine the record of any case pending before or disposed of by such Council or officer and may pass such order in reference thereto as it thinks fit : Provided that no order shall be varied or reversed unless notice has been given to parties interested to appear and be heard. Provided further that no such order shall be passed in any case in which an appeal i a provided and has been preferred or has Seen decided: Provided also that no such record shall bc called by the Government after one yeas from the date of the passing of the order by the Council or the officer concerned.

In all matters connected with this Regulation, if a Council makes default in carrying out any srdes made by the Government or by any authority other than the Council in exercise of any of the powers conferred on it by this Regulation or any rule ~s bye-law made therunder, the Government shall have all the powera necessary fornthe enforcement of such order at the cost of the Council.

The Government may either on its own motion or on &he application sf any party interested, review any order gassed by itself or any sanction or approval given under this Regulation, and the Director or the collector may, similarly, review an order passed by himself or any sanction or approval given by him under this Regulation, and pass such order in reference thereto as it ox he thinks Pi$ : Provided that - (h) no order aha11 be varied or reversed or no sanction or approval reviewed unless notice has been given Lo the parties interested to appear and be heard : (ii) no order from which an appeal has been made, or which i s the subject of any 'revision prscetidinga, shall eo long as such appeal or proceedings are pending, be rhviewcd; (iii) no order affecting any question 0% right between private person shall be reviewed, except on the application of a party to the proceedings and no application for the review of such order ahall be entertained unless it i~ made within ninety days from the passjng of d f the order.

Every Council shall keep at its head office copies of this Regulation and of the rules and bye-laws made thereunder and in force in the municipal area, in English, open to inspection to the inhabitants of that area, free of charge, during office hours. The council may also arrange for the sale of copies of these books.

(b) a declaration of public policy, or a promise of public action, or the mere exercise of a legal right without intent to interfere with an electoral right, shall not be deemed to be interference within the meaning of this. (3) The appeal by a candidate or his agent or by any other person with the consent of a candidate or his election agent to vote or refrain from voting for any person on the grounds of his religion, race, caste, community or language or the use of, or appeal to, religion symbols, or the use of, or appeal to, national symbols, such as national the national flag or the national emblem, for the furtherance of the propects of the election of that candidate or for prejudicially affecing the election of any candidate. (4) The publication by a candidate or his agent or by any other person, with the consent of a candidate or his election agent of any statement of fact which is false and which he either believes to be false or does not believe to be true in relation to the personal character or conduct of any candidate, or in relation to the candidature, or withdrawal of any candidate, being a statement resonably calculated to prejudice the propects of that candidate election. (5) The hiring or procuring whether on payment or otherwise, of any vehicle or vessel by a candidate or his agent or by any other person with the consent of a candidate or his election agent for the conveyance of any voter (other than the candidate himself, the members of his family or his agent) to or from any polling station: Provided that the hiring of a vehicle or vessel by a voter or by several voters at their joint costs for the purpose of conveying him or them to and from any such polling station or place fixed for the poll shall not be deemed to be a corrupt practice under this clause if the vehicle or vessel, so hired is a vehicle or vessel not propelled by mechanical power: Provided further that the use of any public transport vehicle or vessel or any tramcar or railway carriage by any voter at his own cost for the purpose of going to or coming from any such polling station or place fixed for the poll shall not be deemed to be a corrupt practice under this clause. Explanation - In this clause the expression "vehicle" means any vehicle used or capable of being used for the purpose of road transport whether propelled by mechanical power or otherwise and whether used for drawing other vehicles or otherwise. (6) The obtaining or procuring or abetting or attempting to obtain or procure by a candidate or his election agent or by any other person with the consent of a candidate or his election agent any assistance (other than the giving of vote) for the furtherance of the prospects of that candidate's election from any person in the service of the Government or Council.

1. (3) If any police officer reasonably suspects any person of committing an offence under sub section (2) he may, if requested so to do by the Chairman of the meeting, require that person to declare to him immediately his name and address and, if that person refuses or fails so to declare his name and address or if the police officer reasonably suspects him of giving a false name or address, the police officer may arrest him without warrant.

Any ballot paper found upon the person arrested on search shall be made over for safe custody to a police officer by the presiding officer, or when the search is made by a police officer, shall be kept by such officer in safe custody.

An offence punishable under sub- section (1) shall be cognizable.

1. (e) taking a census, and granting rewards for information which may tend to secure the correct registration of vital statistics; (f) making a survey; (g) paying the salaries and allowances, rent and other charges incidental to the maintenance of the Court of any stipendiary or honorary magistrate ; or any portion of any such charges ; (h) arranging for the destruction or the detention and preservation of dogs which may be destroyed or detained under section 278 of this regulation or under any law for the time being in force in the Union territory ; (i) securing or assisting to secure suitable places for the carrying on of the offensive trades specified in section 265 ; (j) supplying, constructing and maintaining in accordance with a general system, approved by the Directors of Public Health, receptacles, fittings, pipes and other appliances whatsoever on or for the use of private premises, for receiving and conducting the sewage there of into sewers under the control of the Council ; (k) the acquisition and maintenance of grazing grounds ; and the establishment maintenance of dairy farms and breeding stud ; (l) establishing and maintaining a farm or factory for the disposal sewage ; (m) promoting the well-being of municipal employees or any class of municipal employees and of their dependants ; (n) providing accommodation for servants employed by the Council ; (o) the construction sanitary dwellings for the poorer classes ; (p) the purchase, organisation maintenance, extension and management of mechanically propelled transport facilities for the conveyance of the public ; (q) the construction, maintenance repairs, and purchase of any works for the supply of electrical energy or gas ; (r) making contributions towards the construction, establishment or maintenance of educational institutions including libraries and museums, any hospital, dispensary or similar institution providing for public medical relief and/or any other institution of a charitable nature ; (s) giving grants or donation to privately run primary or secondary schools or hostels for students ; (t) the setting up of dairies or farms for the supply, distribution and processing of milk or milk products for the benefit of the inhabitants of the municipal area ; (u) any public reception ceremony, fair or entertainment or exhibition within the municipal area, if the expenses in each case do not exceed Rs. 20,000 and the total expenditure during the year does not exceed Rs. 1,00,000 provided, however, that the collector's sanction shall be necessary (i) in each case, where the expenses are above the prescribed limits herein before specified; (ii) in each case, whatever the expenses involved, after the annual limits herein before specified are reached ; (v) any other measure not specified in subsection (2) likely to promote public safety, health and convenience.

No suit for damages or for specific performance shall be maintainable against any Council or any Councillor or officer or servant thereof on the ground that any of the duties specified in section (2) above have not been performed.

The qqalificat pay , al lowances and other conditions of service and the method of recruitment of the officer specified in the section (1) and (2) shall be regu by rules made by the Gsyqrnment in this behalf.

Subject to the provisions of sub-section (5) and (6), the power of making appointment to the ports specified in sub-sections (1) and (2) aha1 1 vest in the Council.

Notwithstonding anything contained in this Regulation, the Government may, by notification in the Official Gazette, conetstute, in respect of all Councils: (a) common cadres of the Chief Officers; (b) common cadres of all or any of the officers specified in sub-section (2), whose minimum salary (exclusive of allowances) is Rs. 120/- per month.

On the constitution of a cadre under sub-section (5), the Government aha14 have power to make rules to regu qualifications, pay, allowances and other conditions of rervice and the method of recruitment of officers belonging to the cadres thereby constituted, including the manner of and the terms and conditions under which existing officers shall be obsorbed into; and such rules may vest jurisdiction in respect of all or any of ouch matters in relation to such cadres in the Government or in other authority or officers as may be prescribed.

If any cadres are constituted under sub-section (5), each Council shall every year contribute out of its reyenue such sum on account of its share of the expenditure on any officers belonging thereto posted to serve under it incurred or to be incurred in that year for its purposes, as the Government may by general or special order determine.

1. (8) Any officer or servant agrrieved by an order of removal, dismissal or reduction in a post or rank passed against him with the approval of the Director under sub-section (4) may file a revision application to the Administrative Tribunal. Such application nhall be filed within 61 days from the days from the date of auch order.

Subject to any rules mdde in this behalf, the order in which the businessshallbe transacted at any meeting shall be determined by the presiding authbrity: Provided that, if it is prbpos'd' ' by. any Councillor that priority should be given to any particular item of, buainess, or to any particular proposition, the presiding authoritysh&ll put' the proposal to the meting and be guided by Ohe ma'jority of votes of the Councillors present and voting, given for or against the proposa:k.

1. (12) Minutes containing tho names of the Concillors and of the Government officers, if any, present wider the provisions of clauus (I?), and of the proceedings at each meeting shall be kept in English in a book to be maidtained for this purpose. Except when votes are recorded by ballot, the names of the Councillors voting for or against any proposal or motion shall be recordee in the minute book. The minutes shall be signed a# soon as practicable, by the presiding authority of such meetings and shall at all reasonable times .be open to inspection by any inhabitant of the muncipal area. Such minutes shall be placed before the next meeting of the Counokl and shall, after confirmation by the meeting, be signed by the presiding authority of such mekting.

1. (13) Except as otherwise provided by or under this Regulation, all questions shall be decided by a majority of votes of the Councillors preseht and voting, the presiding authority having a second or casting voke in all cases of equality of votes. Votes shall be taken and results recorded ih such manner as may be prescribed by rules.

1. (14) Any meeting may, with the consent' of a majority of the Co~ncillors present,. be adjourned from time to time to a letter hour on thi sade day o r to any other day ; but no ' busineaa shall be transacted at any adjourned meeting other than that left undisposed of at the meeting from 'which the adjournment took place: Provided that notice of such adjournment posted up at the municipal office shall be deemed to bsj3$e sufficient notice of the. ashourned meeting: Provided further, notwithstanding anything aantained in clause (29), no quorum shall be necessary for such adjourned meeting.

1. (15) NO ' reaolutloon.. o f a - W n c i l shall be inohified or cancelled within three months after the paseing thereof except by a resolution supported by not Peas than ~ne-half of the total number of 'en' Councillors m d paaged at- the meeting of which notice shall have been given fulfilling the requirements of clauae ( 4 ) and setting forth fully the re,solution, which it is proposed to modify bqfi or cancel at such meeting and the motion or proposition for thd~ mod,kfic-a,tbon or cancellation of auch resolution.

1. (16) Except fkr reetaon. 'whic& the -p-residing nk ,authority deems 'emergent, no winesss . relating bsaPitO any work which is being or is to be executed 3,t&.ifor the Council by any Department of the Government ix a =hall be transacted at any meeting of a Counci Bln6& unless at least seven day4 previous to such -raeeting tlE;dsa latter has been addressed to the concerned office bFsB of the Government informing him of the intention t bsnpitran8ack such buaineas thereat and of the motions or ;i,propo~itions to be brought forward concerning such , -",Pw-ne s s .

1. (17) If it l G e a r a to a &mnci&l that the hn6 Sresence of any Government off icerb or an oFf,icer of ,, ,la village panchayat is desirabk f-or the purpose of ,,,cdiscusai'on or consideratioq of any question, on. ,,,which, in virtue of the &ties of his off ice, , his opinion or information which he oauld supply will be useful to such Council, at any meeting of such Council, it shall be ,competent to such "Council, by letter addree.ed +o such officer not la88 b s n ~ yrah .,,than 15 days previous ta the intended meeting, to ed , #nvite -. him to be preeent thereat ; and the said fsdj,of<icer -shall, +s far as possible, attend such s63. =m$e~4ng : Provided that such oificbr on receipt of such letter may, if yqabie to b e , present himself, instruct a Deputy or Assistant or other competent subordinate, as to his views, and may send him to the meeting at his representative, instead of, attending himself.

1. (18) No officer attending a meeting of the Council under clause (16) or (17) shall be entitled 'to vote on any proposition at such meeting.

1. (19) The Government may make rules in respect of matters relating to the conduct of business at meetings of the Council not provided for in this gection.

1. (1) Subject to the provisions of sub-section (2), property taxes assessed upon any premises shall be primarily leviable as follows, namely:-(a) if the premises are held immediately from the Government or from the Council, from the actual occupier thereof: Provided that property taxes due in respect of buildings vesting in the Government and occupied by servants of the Government or other persons on payment of rent shall be, leviable primarily from the Government; (b) if the premises are not so held-(i) from the lessor if the premises are let; (ii) from the superior lessor if the premises are sub-let; (iii) from the person in whom the right to let the premises vests if they are unlet; (iv) from the person in possession, if the premises are not let out to him. (2) If any land has been let for any term exceeding one year to tenant, and such tenant has built upon the land, the property taxes assessed upon the said land and upon the building erected thereon shall be primarily leviable from the said tenant or any person deriving title from the said tenant by the operation of law or by assignment or transfer but not by sub-lease or the legal representative of the said tenant or person whether the premises be in the occupation of the said tenant or person or legal representative or a sub-tenant.

1. (1) If the sum due on account of any property tax remains unpaid after a bill for the same has been duly served upon the person primarily liable for the payment thereof and the said person be not the occupier for the time being of the premises in respect of which the tax is due, the Chief Officer may serve a bill for the amount upon the occupier of the said premises, or, if there are two or more occupiers thereof, may serve a bill upon each of them for such portion of the sum due as bears to the whole amount due to the same ratio which the rent paid by such occupier bears to the aggregate amount of rent paid by them both or all in respect of the said premises. (2) If the occupier or any of the occupiers fails within thirty days from the service of any such bill to pay the amount therein claimed, the said amount may be recovered from him. (3) No arrear of a property tax shall be recovered from any occupier under this section which has remained due for more than one year, or which is due on account of any period for which the occupier was not in occupation of the premises on which the tax is assessed. (4) If any sum is paid by, or recovered from, an occupier under this section, he shall be entitled to credit therefor in account with the person primarily liable for the payment of the same.

1. (1) Where any building or land the tax whereof is payable by the year, or in respect of which a special sanitary tax is payable by the year or by instalments, has remained vacant and unproductive of rent throughout the year or portion of the year for which such tax is leviable, or throughout the period in respect of which any instalment is payable, the Council shall remit or refund not more than one-half of the amount of the tax or instalment of the tax, as the case may be: Provided that no such remission or refund shall be granted unless notice in writing of the fact of the building or land being vacant and unproductive of rent has been given to the Chief Officer, and that no remission or refund shall take effect for any period previous to the day of the delivery of such notice. (2) Where any such building or land as aforesaid-(a) has been vacant and unproductive of rent for any period of not less than ninety consecutive days, or (b) consists of separate tenements - one or more of which has or have been vacant and unproductive of rent for any such period as aforesaid, or (c) wholly or in great part demolished or destroyed by fire, or otherwise deprived of value, the Council may remit or refund such portion, if any, of the tax or instalment as it may think equitable. (3) The burden of proving the facts entitling any person to claim relief under this section shall be upon him.

For the purposes of clause (a) of sub-section (2) of the last preceding section, a building or land shall be deemed to be productive of rent, if let to a tenant who has a continuing right of occupation thereof, whether it is actually occupied by such tenant or not.

1. (1) Whenever the title of any person primarily liable for the payment of a tax on buildings or lands or both to or over such land or building or both is transferred, the person whose title is so transferred and the person to whom the same is transferred shall, within three months after execution of the instrument of transfer or after its registration if it be registered, or after the transfer is effected if no instrument be executed, give notice of such transfer in writing to the Chief Officer. (2) In the event of the death of any person primarily liable as aforesaid, the person to whom the title of the deceased shall be transferred as heir or otherwise shall give notice of such transfer to the Chief Officer within one year from the death of the deceased. (3) If the person liable to give the notice referred to in sub-section (1) or sub-section (2) fails to give such notice, he shall, on conviction, be punished with fine which may extend to fifty rupees.

1. (1) The notice to be given under the last preceding section shall be in the form of Schedule II or Schedule III, as the case may be; and shall state clearly and correctly all the particulars required by the said form. (2) On receipt of any such notice, the Chief Officer may, if he thinks it necessary, require the production of the instrument of transfer, if any or a copy thereof obtained under section 57 of the Indian Registration Act, 1908.

1. (1) Every person primarily liable for the payment of a tax on buildings or lands or both who transfers his title to or over such building or land or both without giving notice of such transfer to the Chief Officer as aforesaid shall, in addition to any other liability which he incurs through such neglect, continue to be liable for the payment of the said tax on the building or land or both until he gives such notice, or until the transfer shall have been recorded by the Council. (2) But nothing in this section shall be held to diminish the liability of the transferee for the said tax or to affect the prior claim of the Council on the said building and land conferred by section 157, for the recovery of the tax on the land or building or both.

Where a Council has made provision for the cleansing of any factory, hotel or club or any group of buildings or lands used for any one purpose and under one management, it may, instead of levying in respect thereof any special sanitary tax imposed under this Chapter, fix a special rate and the dates and other conditions for periodical payments thereof; such rate, dates and condition shall be determined either-(a) in accordance with the bye-laws for the time being in force: or (b) by written agreement with the person who would have been otherwise liable for the tax provided that in fixing the amount of such rate proper regard shall be had to the probable cost to the Council of the service to be rendered.

Every sum claimed by a Council as due under any of the provisions contained in section 128 shall be deemed to be an amount claimed on account of a tax and shall be recoverable in the same manner as an amount of a tax is recoverable under this Regulation.

A Council may contract with any person or department to supply for use beyond the municipal area any quantity of water belonging to it but not required by it, at such rates and on such conditions as it may think fit: Provided that such rate shall be in no case lower than the rate chargeable for water supplied for similar purposes within the municipal area.

131 to 134 Omitted

1. (2) If such owner or owners object to the proposal under sub-section (I), the Council may, after considering such objections and with the previous sanction of the Collector, declare such street to be a public street, and the owner or owners so objecting shall be entitled to compensation determined in the manner provided in section 315.

1. (3) Every such street which becomes a public street under this section shall vest in the Council.

1. (3) For the purposes of this section, a wall separating any premises from a public street shall be deemed to be a building and it shall be deemed to be a sufficient compliance with a permission or requisition so to set forward a building to the regular line of a street if a wall of such material and dimensions as are approved by the Council is erected along the said line.

1. (1) Every person intending to lay out or make a new street shall give notice thereof in writing to the Chief Officer and shall furnish along with such notice plans and sections showing:-- (a) the intended level, direction and width of the street; (b) the situation and the boundaries of any buildings, or plots abutting on such street or likely to be served by such street; (c) the position of any public street or streets which the new street may have an access to; (d) the arrangements to be made for the levelling, paving, metalling, flagging,

Every council shall prepare every year a development plan and submit it to the District Planning Committee constituted under section 184B.

1. (1) The Administrator shall constitute for all the Districts of the Union territory one District Planning Committee to consolidate the plans prepared by the Panchayats and the Councils in the Union territory and to prepare a draft development plan for the Union territory as a whole.

1. (1) Except with the permiesion of the Chief Officer, no person shall -- (a) burn, bury or otherwise dispose of any corpse except at a place provided or maintained for the purpose; (b) retain a corpse, on any premises, without burning, burying or otherwise lawfully disposing of eke save, for so long a time after death as to create a nuisance; (c) Carry a corpse along any street without having and keeping the same decently covered or without taking such precautions to prevent risk of infection or injury to the public health as the Council may, by public notice, from tinie to time, think fit to require; (d) except when no other route is available, carry a corpse along any stxeet along which the carying of corpses ie prohibiked by a public notice issued by the Council in this behalf; (e) remove a corpae which has been kept or used for purposes of dissection, otherwise than in a closed receptacle or vehicle; (f) whilst conveying a corpse, place or leave the same on-or near any street without urgent necessity; (g) reopen for the interment of a corpse a grave or vault already occupied; (h) , after bringing or causing to be brought to a burning ground any corpse fail to burn or cause the same to be burnt within six hours from the time of the arrival thereof at such ground; (i) when burning or causing to be burnt any corpse, permit the same or any portion thereof to remain without being completely seduced to ashes or permit any cloth or other article used for the conveyance or buring of such corpse to be removed or to remain on or near the place of buring without its being completely reduced to ashes; (j) exhume any body except under the provision of section 176 of the Code of Criminal Procedure, 1898 or of any other law for the time being in force, from any place for the disposal of the dead. Explanation : For the purposes of this section, the expression <<corpse>> includes any part thereof. (2) Any person who contravenes any provision of sub-section (I), shall, on conviction, be punished with fine which day extend to one hundred rupees.

80 person in charge of any place for the disposal of the dead shall permit the disposal of any dead body at such place except on the production of a cetificate signed by a registered medical practitioner specifying the date, time and cause of death or a no objection certificate signed by the chief Officer or a Councillor residing in the locality.

1. (1) A Council may provide places for the disposal of carcasses of dead animals and may make bye-laws rrgulatlng the disposal of carcasses of dead animals. (2) The Council may also charge fees at such rates as it may from time to time determine for the disposal of a carcass at any place provided by the Council or through the agency of the Council.

1. (1) The Council may construct, purchare, take on lease or otherwise acquire any building or land for the purpose of establishing a municipal market or a municipal slaughter-house or of extending or improving any existing municipal market or slaughter-house, and may from time to time build and maintain such municipal markets and slaughter-houses and such stalls, shops, sheds, pens and other buildings or conveniences for the use of the persons carrying on trade or business in, or frequenting, such municipal markets or slaughter-houses, and provide and maintain in such municipal markets such machines, weights, scales and measures for weighing and measuring goods sold therein as the Council shall think fit. (2) The Council may, at any time, close either temporarily or permanently any municipal market or municipal siaughter-house or any portion thereof.

No person shall use or allow to be used any place in any municipal area (i) as a private market; or (ii) as a private slaughter-house; or (iii) for thi storage or sale of flesh or fish or animals or birds intended for human food, except under and Ln 'accordanace with the conditions of a licence granted in accordance with the provisions of the bye-laws made in this behalf. Provided that no licence under this section shall be required for selling or storing of flesh or fish contalned in hermatically sealed receptacles. (2) Whoever uses or allows -to be used any place for any of the purposes specified in sub-section (1), without a licence, or in contravention of any conditions subject .to which a licence may have been granted under sub-section (1) shall, on conviction, be punished with fine which may extend.to five hundred rupees if the contravention is of clause (i) or (ii) of sub-section (1) and with fine which may extend to one hundred rupees if the contravention is of clause (iii) of that sub-section, and in the case of continuing contravention of the said clause (i) or (ii) with further fine of fifty rupees, and of the said clause (iii) with further fine of ten rupees, for every day after the first during which such contravention continues.

1. (1) It shall be lawful for a Council with the sanction of the Collector to establish municipal slaughter-houses or to license private slaughter-houses beyond the limits of the municipal area and all provisions of this Regulation and of bye-laws in force thereunder relating to such slaughter-houses within the municipal area shall have full force in respect of slaughter-houses established or licensed under this sectipn, as if they were within the municipal area. (2) Zt shall be lawful for the Council to prohibit the import into the municipal area of meat except of animals slaughted at a municipal slaughter-house or a slaughter-house licensed by the Council under sub-section (1). (3) Nothing in sub-sostion (2) shall be deemed to apply to cured or preserved meat.

1. (1) No person shall, without written permission of the Chief Officer, slaughter or cauae to be slaughtered any animal for sale or supply of meat in the municipal area except in a municipal slaughter-house or a licensed private slaughter-house. (2) Any person who contravenes any provision of sub-section (1) shall, on conviction, be punished with fine which may extend to one hundred rupees. (3) The Chief Officer may seize the carcass or meat of any animal slaughtered contrary to the provisions of sub-section (1) and may cause it to be sold, destroyed or disposed of in such other manner as he may think fit.

The Council may, by a written notice, require the owner, or the person in charge, of any private market or slaughter-house, to cause -- (a) the whole or any portion of the floor of the market place or slaughter-house to be raised or paved with dressed stone or other suitable material ; (b) such drains to be made in or from the market-building, market-place or slaughter-house, of such material, size and description, at such level and with such outfall, as to the Council may appear necessary; (c) supply of water to be provided for watering such market-building, market-place or slaughter-house in a clean and wholesome state; (d) Any shop, stall, shed, building or other structure in any private market to be altered or improved, in such manner as the Council may consider necessary; (e) any privy, water-closet or urinal or any other sanitary arrangement to be constructed or made at such site and in such manner as the Council deem necessary and expedient; and (f) any other meausures to be taken which in its opinion are necessary in the interest of public health or sanitation.

1. (1) The Council may -- (i) define the limits of any private market or declare what portions of such market shall be made part of the existing approaches, streets, passages and ways to and in such market; and (ii) after giving to the owner or person in charge of such market, by written notice, require such owner or person to -- (i) lay out, construct, repair, widen, pave, drain and light to the satisfaction of the Council, such approaches, streets, passages and ways to or in such market; (ii) provide such conveniences for the use of persons resorting to such market, and (iii) provide adequate ventilation and lighting of the market-building, or any portion thereof including shops and stalls, as the Council may think fit. (2) The Council may, by written notice, require such owner or occupier to maintain in proper order the approaches, streets, passages and ways to and in such market and such other conveniences as are provided for the use of persons resorting thereto.

1. (1) The Council may -- (a) charge such stallages, rents or fees as may from time to time, be fixed by it in this behalf -- (i) for the occupation or use of any stall, shop, stand, shed, pen or space in a municipal market or municipal slaughter-house; (ii) for the right to expose articles for sale in a municipal market; (iii) for the use of machines, weights, scales and measures provided for any municipal market; and (iv) for the right to slaughter animals in any municipal slaughter-house and for the feeding and watering of such animals before they are ready for slaughter; or (b) put up to public auction or dispose by private sale, the privilege of occupying or using any stall, shop, stand, shed, pen or space in a municipal market or municipal slaughter-house for such period and on such conditions as it may think fit. (2) The Chief Officer shall issue to every person authorised to occupy or use any stall, shop, stand, shed, pen or space or to expose any articles for sale in a municipal market or to slaughter animals in a municipal slaughter-house, under sub-section (1), a licence granted in accordance with the provisions of the bye-laws made in this behalf.

1. (1) When any notice is required by or under this Regulation to be served upon, issued or presented to, any person, such service, issue or presentation shall, in all cases not otherwise provided for in this Regulation, be effected— (a) by giving or tendering the notice to the person to whom it is addressed; or (b) if such person is not found, by giving or tendering it to some adult member or servant of his family found at his usual place of residence or at his last known place of abode; (c) if none of the means aforesaid be available, or if the person to whom such notice is given or tendered refuses to accept it, then by causing the notice to be affixed on some conspicuous part of the building or land, if any, to which the notice relates.
2. (2) When any notice under this Regulation is required or permitted by or under this Regulation to be served upon, issued or presented to, an owner or occupier of any building or land, - (i) it shall not be necessary to name the owner or occupier in such notice. (ii) if there be more owners or occupiers than one, such notice may be served upon or issued or presented to any one of them. Provided that, in any such case, if there is no owner resident within the municipal area, the delivery of such notice to the occupier shall be sufficient.
3. (3) Whenever it is provided by or under this Regulation, that any notice may be served upon, issued or presented to, the owner or occupier of any land or building, and the owner and occupier are different persons, such notice shall be served upon, issued or presented to, the one of them primarily liable to comply with such notice, and in case of doubt, to both of them.
4. (4) The provisions of sub-sections (1), (2) and (3) shall mutatis mutandis apply to any bill, requisition, order or summon or such other document to be served, issued or presented by or under this Regulation.
5. (5) Notwithstanding anything contained in sub-section (1), in the case of 'A' or 'B' Class Councils, bills for any municipal tax may be served upon the person liable therefor by sending it by post with a pre-paid letter under a certificate of posting, addressed to such person at his last known place of abode or place of business in the municipal area, and every bill so sent shall be deemed to have been served on the day following the day on which such letter was posted, and, in proving such service, it shall be sufficient to prove that the letter was properly addressed and posted under a certificate of posting.