Chapter XXIII Chapter XXIII

(1) The power to make all rules under this Act shall be exercisable by the Government by notification in the Official Gazette. (2) Without prejudice to any power to make rules contained elsewhere in this Act, the Government may make rules consistent with this Act generally to carry out the purposes of this Act. (3) All rules made under this Act shall be subject to the condition of previous publication, for fifteen days. (4) Every rule made under this Act 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 annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule.

(1) The power to make all bye-laws under this Act shall be exercisable by each Council, subject to the previous sanction of the Director or the Government as hereinafter provided. (2) Without prejudice to any power to make bye-laws contained elsewhere in this Act, a Council may make bye-laws consistent with this Act and the rules made thereunder for the administration of its affairs and for the guidance of its Committees, officers and servants. (3) (a) The Council, whenever it desires to make bye-laws under this Act, 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 Act 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) 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 Act 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.

(1) The Government may make model bye-laws on all or any of the matters in respect of which a Council is empowered to make bye-laws and publish them in the Official Gazette for the guidance of the Council. (2) If a Council has not already made bye-laws on a matter for which model bye-laws are made by the Government, the Council may adopt the model bye-laws with such minimum changes as the peculiar local circumstances may warrant. (3) If at any time it appears to the Director that the bye-laws made by a Council on any matters are inadequate to regulate such matters, and model bye-laws have been made by the Government for such matters, the Director may by an order in this behalf require the Council to adopt such model bye-laws modified to suit local conditions. (4) The Council shall comply with orders of the Director under sub-section (3) above within two months of the date of such order. (5) If the Council fails to comply with the orders of the Director, the Director may, by notification in the Official Gazette, apply such model bye-laws with such modification to suit local conditions as he thinks necessary to that Council in supersession of any bye-laws which the Council may have made already on those matters. In that event, the model bye-laws so applied shall be deemed to have been duly made by the Council. (6) If the model bye-laws made by the Government relate to the imposition, abolition, remission, alteration or regulation of any tax, the provision of sub-sections (3), (4) and (5) shall apply as if for the word “Director” therein the word “Government” had been substituted.

Every Council shall keep at its head office copies of this Act 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.