Bye-laws.

The City of Panaji Corporation Act, 2002

General2002404 sections

Chapter XXXIV Chapter XXXIV

Statutory text

Bye-laws

The Corporation may, and if so required by the State Government shall, make bye-laws for carrying out the provisions and intentions of this Act, and in particular and without prejudice to the generality of the foregoing power, it may make bye-laws to regulate all or any of the following matters, namely,—

(1) Conduct of business,
- (a) the time and place of committee meetings;
- (b) the manner in which notice of such committee meetings may be given;
- (c) the quorum necessary for the transaction of business at any committee meetings;
- (d) the filling of vacancies on any committee other than the Standing Committee;
- (e) any other matter relating to the proceedings of the Corporation or of the Standing Committee, the holding and regulation of meetings and the Conduct of debate and the mode of asking and answering of questions connected with the Administration of this Act and the inspection of minute books and the supply of copies of minutes to Councillors or other persons on payment of fees or otherwise;
(2) Delegation of powers.— the exercise by the Commissioner or any other officer or any of the servants of the Corporation of the powers conferred upon the Corporation by this or any other Act for the time being in force, and the conditions and limitations subject to which such powers may be exercised;
(3) Municipal officers and servants.— (a) the qualifications of persons to be appointed Medical Officer of Health, Chief Engineer, or Engineer in charge of a separate department of Corporation works, or of persons to be appointed to posts requiring scientific or technical knowledge, and the qualifications of persons to be appointed Corporation Officers or servants;
- (b) the conditions of service of Corporation officers or servants;
- (c) the procedure to be followed in dismissing or removing from office or otherwise punishing or penalizing any Corporation officer or servant, and the cases in which and the authorities to which an appeal may be allowed;
- (d) the Corporation officers or servants from whom security may be required and the amount and nature of the security;
- (e) the grant of leave to Corporation officers and servants;
- (f) leave salaries to Corporation officers and servants on leave;
- (g) the remuneration of persons appointed to act for any of the said officers or servants during their absence on leave;
- (h) the period of service of Corporation officers and servants;
  - (i) the conditions under which Corporation officers and servants may receive pensions, gratuity or compassionate allowances on retirement or discharge and the grant of gratuities to the surviving relatives of any such officers or servants;
- (j) the conveyance allowance payable to Corporation officers;
- (k) the travelling allowance of Corporation officers and servants;
(1) the determination of what Corporation officers and servants are essential for the purpose of section 58.
(4) Provident or annuity fund.— (a) a provident or annuity fund;
- (b) compulsory subscription to such fund, whether by deduction from pay or otherwise, by all Corporation officers and servants other than those in the service of the State Government;
- (c) contributions to such funds by the Corporation from the Municipal fund;
- (d) the times, circumstances, and conditions at or under which payments may be

made out of any funds established under the Act and the conditions under which such payments shall discharge the fund from further liability;

(e) the settlement by arbitration or otherwise of disputes relating to such fund or to the payments or subscriptions thereto or to claim thereon arising between the Corporation and other persons or between persons claiming any share or interest therein;

(5) Manner of service of notice under section 74.— the manner in which notice of any enquiry or order shall be given under sub-section (1) of section 74;
(6) Transfer of property.— the conditions and limitations under which immovable property vested in the Corporation may be transferred or disposed of;
(7) Publication of annual administration report and statements of accounts.—
- (a) the form and contents of the report and statement to be prepared under section 96;
- (b) the publication of the said report and statement;
- (c) the submission of a copy thereof by the Commissioner to the State Government;
(8) Contracts.—
- (a) the manner in which and the persons by whom contracts may be executed;
- (b) the security to be demanded for the due performance of contracts;
- (c) the submission of estimates of works before contracts are entertained;
- (d) the examination and acceptance of tenders;
- (e) the kind of works which may be executed otherwise than by contract;
(9) Signature on cheques etc.—
- (a) the manner in which and the person by whom payments may be made out of the Municipal fund or cheques drawn upon the said fund may be signed;
- (b) the manner in which and the person by whom coupons attached to debentures issued under this Act may be signed;
(10) The common seal.— the custody of the common seal of the Corporation and the manner in which and the person by whom the common seal may be affixed;
(11) Preparation of budget estimates.— the manner in which the budget estimates shall be prepared;
(12) Tolls and cess on imports:- the classes of goods on which, and the rate at which tolls and cess on imports may be imposed— time and mode of collection of taxes, cesses, etc.— the regulation of the time and mode of collection of any tax which may be imposed under sub-section (2) of section 104;
(13) Assessment, collection remission, refund and recovery of taxes, cesses etc.— (a) the date before which, and the rates at which municipal taxes to be levied shall be determined;
- (b) the assessment, collection, composition, remission, refund and recovery of taxes and cesses and the exemptions from such taxes and cesses, and the prevention of evasion;
- (c) the date, place and manner of paying any tax or installment of tax payable under this Act and the person to whom it shall be paid;
- (d) the fees for notice of demand of any tax and for the execution of warrants of distress and the rates to be charged for maintenance of any livestock distrained; and the persons authorized to receive payment of any sums so payable;
- (e) the manner in which the annual values of buildings and lands shall be determined for the purposes of assessment;
(14) Drains.— (a) the maintenance and improvement of existing drains;
- (b) the construction of new drains;
- (c) the alteration and discontinuation of drains;
- (d) the flushing and cleaning of drains;
- (e) the drainage of any building or land;
- (f) the drainage of private streets;
- (g) the construction and position of closet accommodation, water closets, privies, urinals and similar conveniences, public or private, and bathing and washing and the places and the prevention of nuisances arising therefrom;
- (h) the construction and maintenance of a sufficient number of some or all of the aforesaid convenience in all buildings;
  - (i) similar provisions for the use of the public;
- (j) the payment of the cost of agency under the authority conferred by this Act;
(15) Public latrines and washing places.— (a) the maintenance and regulation of urinals, closet accommodation, water closet accommodation, water closets, bathing and washing places and premises appurtenant thereto, belonging to the Corporation;
- (b) the regulation of urinals, closet accommodation, water closets and bathing and washing places provided for the common use of the inhabitants of one or more buildings;
(16) Scavenging and disposal of refuse.— the scavenging of streets and the removal or disposal of sewage and rubbish and offensive matter from all buildings and lands within the City;
(17) Waterworks.— (a) waterworks;
- (b) the inspection of waterworks;
- (c) the power to enter waterworks;
- (d) the protection of waterworks from waste, injury, or contamination;
- (e) fire-hydrants;
- (f) boating, fishing or bathing in any waterworks;
- (g) the terms and conditions of the supply of water to lands and buildings and the provision of meters;
- (h) the cutting-off private water supplies and the regulations of water supply;
  - (i) the prevention of fraud in connection with water-supply or the use of meters;
- (j) the digging or construction of any new well, tank, pond, cistern or fountain;
- (k) the prevention of the pollution of water within the city;
(18) Streets.— (a) the maintenance and improvement of public streets;
- (b) projections, obstructions or encroachments in public streets and the issue of licences and the conditions under which they may be issued, including the payment of rent or fees;
- (c) the execution of works in or near public streets and the temporary occupation of public streets;
- (d) the naming and numbering of streets and the temporary occupation of public streets;
- (e) the cleansing of private streets and keeping them free of dusty asphalting, tarring or other means;
- (f) bill-posting and sky signs including prohibition of the same;
- (g) dangerous places;
- (h) the lighting of public streets;
  - (i) the watering of public streets;
(19) Street traffic.— street traffic and the reduction of noise caused by such traffic;
(20) Prohibition or restriction and regulation of use of barbed wire etc.— the use of barbed wire or any material likely to cause injury to persons or animals on any land or

premises abutting on any street, pathway or place which the public are entitled to use or frequent;

(21) Hedges.— the removal, trimming and cutting of trees, shrubs and hedges;
(22) Lodging houses.— (a) the periodical regulation of the number of persons who may occupy a lodging house and the licences necessary for keepers of lodging houses;
- (b) the inspection of lodging houses;
- (c) the cleanliness and ventilation of lodging houses;
- (d) the lighting of common spaces and staircases in lodging houses;
- (e) the precautions to be taken in the case of any dangerous or infectious disease breaking out in a lodging house;
- (f) the general control of lodging houses;
(23) Over crowding.— the number of persons who may occupy any building;
(24) Rest houses etc.— the inspection and control of stables, camping grounds, pounds and rest-houses;
(25) Camping on public ground.— the encamping or picketing of animals or the collection of parking of vehicles in any public place; or the use of such places for the halting of animals or vehicles;
(26) Keeping of animals.— (a) the keeping of animals in the City;
- (b) the importation of animals into the City and the transport of animals within the City.
- (c) measures to be taken with stray animals or animals likely, if at large in any street or public place, to cause annoyance or intimidation;
- (d) the prevention of cruelty to animals;
- (e) the disposal of carcasses of animals dying in the City;
- (f) the destruction of any animals which from old age or other cause are in a moribund or infirm state or have received such injuries or are suffering from such dangerous disease that their recovery therefrom is unlikely;
- (g) the prevention of the sale or use as human food of the carcasses of animals which die naturally or from disease;
- (h) the prohibition of importation into, or sale or disposal or use within, the Corporation limits of any animal or of the hide or any portion of the carcass of any animal dying or slaughtered on account of, or suffering from, any contagious or infectious disease;
(27) Wash-houses.— public wash houses and the exercise of their calling by washermen at places other than those appointed or approved by the Commissioner;
(28) Dangerous and offensive trades and factories.—
- (a) (i) the articles to be included in the description contained in clause (a) of section 219.
  - (ii) the prohibition or regulation by licence or otherwise of the storage or keeping of such articles;
- (b) (i) the trades, manufacturers, industries, or operations to be included in the description contained in clause (c) of section 219.
  - (ii) the prohibition or regulation by licence or otherwise of the exercise of such trades, manufacturers, industries, or operations;
- (c) the supervision and sanitary regulation of factories and workshops;
(29) Exemption of articles and trade operations.— the articles or quantity thereof and the trade operations connected with trade which may be exempted;
(30) Standard of water used in aerated waters etc.— the standard of water or other ingredients to be used in the manufacture or preparation of aerated water or of cordials;
(31) Labels and inscription.— the form or kind of label to be attached to packages containing articles of food or drink or drugs or any mixture thereof and the inscription on the label of such particulars, directions, statement, information or words as may be specified;
(32) Nuisances.— (a) the discharge of smoke, steam, dust, fumes or noxious vapours;
- (b) the use of whistles, trumpets and noise-producing instruments operated by any mechanical means;
- (c) the prevention of other nuisances;
(33) Advertisement.— the exhibition of advertisements, and hoardings and similar structures used for the purpose of advertising;
(34) Management of municipal markets, etc. and the supervision of the manufacture, storage and sale of food.— (a) the sale of the flesh of any four-footed animal not slaughtered in a Corporation limits of the flesh of any such animal outside these limits;
- (b) the sale of meat;
- (c) the sanitary conditions of municipal slaughter houses;
- (d) the sanitary conditions of municipal markets;
- (e) the destruction of diseased animals;
- (f) the manufacture for sale and the sale of articles of food and drink or drugs either by licence or otherwise;
- (g) the qualifications of persons who may compound, mix, prepare, dispense or sell any drugs and the certificates or permissions necessary;
- (h) the hours and manner of importation into, or of transport within, the City or any articles of food and drink or drugs, by licence for such importation, transport or otherwise;
  - (i) the places at which articles of food and drink or drugs shall be produced for inspection prior to importation, transport or exposure for sale;
- (j) the places in which articles of food and drink or drugs may or may not be manufactured, kept, sold or exposed for sale;
- (k) the notice-boards to be exhibited by the vendors and labels to be affixed by them to adulterated articles of food and drink of drugs exposed for sale and the particulars which such notice-boards and labels shall contain;
(1) the importation or transport within the City of any articles of food or drink produced under such conditions as will make them or are likely to make them injurious to the health of persons consuming them;
- (m) the supervision and sanitary condition of bakeries, places where sweets are manufactured, public eating- houses, stalls, aerated water and ice factories and dairies, stables, and buildings or enclosures where animals are kept, whether or not the animals therein are kept for profit;
- (n) the exposure of goods for sale on streets and the levying of fees from persons setting up stalls or otherwise selling or exposing goods for sale on the streets;
- (o) the regulation of the manner in which food grains whether intended for the sale or for private consumption, may be stored.
- (p) the precautions to be taken for protection milch-cattle, milk and milk products against infection or contamination;
- (q) the giving of notice of the outbreak of any contagious disease among animals and prescribing precautions to be taken for preventing the spread of any such disease;
- (r) the hawking of articles of food and drink;
(35) Private markets.— (a) the construction and structural and architectural features of private markets;
- (b) the drainage, water supply, ventilation, lighting, sanitary conditions and regulation of private markets;
- (c) the prevention of cruelty, nuisance, obstruction and overcrowding in; or in the approaches to, or in the passage or, private markets;
- (d) the supervision of private markets;
- (e) the appointment and dismissal of superintendents of private markets;
- (f) the days on which and the hours during which any private market may be held;
- (g) the prevention of undesirable or diseased persons from entering private markets;
- (h) the prohibition of all persons from selling in a private market in respect of which a licence has been refused, cancelled or suspended;
(36) Pawnbrokers.— licences to pawn brokers, the conditions for such licences and the determination, by public auction or otherwise, of the amount to be paid for such licences;
(37) Registration of births and deaths etc.— the registration of all births, deaths and marriages which take place within the City; the taking of a census and the verification of deaths and causes of deaths;
(38) Licensing of theatres, etc.— (a) safety, sanitation and internal arrangement of theatres or other places of public entertainment or resort and the control and inspection

thereof, in order to ensure the safety, health and convenience of persons employed in, or visiting, attending or resorting to the same;

(b) the licensing of such entertainments;

(39) Construction of buildings.— (a) the information and plans to be submitted with

applications for the approval of sites for buildings and for permission to erect or re-erect any building;

(b) the period within which sanction for erection or re-erection of a building must be granted or refused;
(c) the appointment of a person to supervise the work of erection or re-erection of building or of any specified class or classes of buildings and his disqualifications;
(d) the grant of a completion certificate for newly erected or re-erected buildings and the cases in which, and the persons by whom such certificates shall be granted;
(e) the height of buildings;
(f) the level and width of the foundation, the level of the lowest floor or plinth and the stability of the structure;
(g) the number and height above the ground, or above the next lower storey, of the storeys of which any building may consist;
(h) the height and slope of the roof above the uppermost floor upon which human beings are to live or cooking operations are to be carried on and, the provision of chimneys for cooking operations;
- (i) the space to be left about any building to secure the free circulation of air and to facilitate scavenging and to prevent fire and the minimum width of streets in front of the buildings;
(j) the ventilation and drainage of buildings and the minimum dimensions of doors and windows;
(k) the means and appliances to be provided and maintained for egress from buildings and protection of life in case of fire;

(1) the material to be used and the method of construction to be adopted for any building or class of buildings and the provision of impervious floors and damppro of courses for walls;
- (m) the position, materials and methods of construction of fire-places, smoke- escapes, chimneys, staircases, water-closet accommodation and drains in buildings;
- (n) the parts or portions of building sites on which no building shall be erected;
- (o) the paving of any passage between two buildings sites on which no building shall be erected;
- (p) the restriction and the use of inflammable materials in buildings;
- (q) the precautions to be taken for the purpose of preventing danger or injury to the public or to persons employed in erecting a building and of securing the stability of the various parts of the building and of the buildings and other property in the vicinity thereof, during the progress of the building or of any demolition or excavation incidental thereto;
- (r) the line of frontage where a building abuts on a street;
- (s) the materials and methods of construction to be used for godowns intended for the storage of foodgrains in excess of twenty tonnes;
- (t) the minimum requirements, including dimensions of accommodation for human beings and of accommodation for animals;
- (u) the position and dimensions of projections beyond the outer face of any external wall of a building;
  - (v) the height of factory chimneys and the consumption of smoke;
(40) Removal or improvement of insanitary building.— (a) The removal or improvement of insanitary buildings and buildings in a ruinous or dangerous condition.
- (b) the marking of vacant uninhabitable buildings;
- (c) the cleansing lime-washing, painting or repair of such building;
- (d) the exercise of compulsion upon the owners or occupiers to take such order with abandoned, unoccupied buildings or lands as the Commissioner 49[may be direct];
- (e) the excavation of earth, stone or other materials from any place;
(41) Assessment of compensation under section 267.— The assessment of compensation by the Corporation under section 267;
(42) Passenger-lifts.— (a) The construction, maintenance and working of passenger- lifts, and all machinery and apparatus pertaining thereto;
- (b) the construction, maintenance, fencing and lighting of shafts, landings, hatches and gates connected with passenger-lifts;
- (c) the entry upon, and inspection of any premises containing a passenger-lift by such persons as the Commissioner may authorize in this behalf;
- (d) the prohibition of the use of any lift where any bye-law made under this sub- section has not been complied with: Provided that such bye-laws shall not affect any provisions of the Factories Act, 1948, or of the Indian Electricity Act, 1910, or any other law or any rules framed thereunder; Explanation.— A lift actually used as a lift by passenger-lift notwithstanding that it may not have been constructed for that purpose and that its use as a passenger-lift is not authorized by the owner or occupier;
(43) Precautions in demolition of buildings.— (a) The precautions to be taken for the prevention of danger or injury to the public during, and to persons engaged in, the

demolition of buildings or parts of a building and for the protection of other parts of the same building and of other buildings in the vicinity thereof;

(b) the notice to be given by any person intending to demolish a building or part of a building to the Commissioner together with particulars of the proposed demolition and of the precautions to be taken during the progress of the work;
(c) the prohibition of the commencement of demolition within a prescribed period except with the permission of the Commissioner;
(d) the prohibition of the commencement or continuance of the demolition until all precautions have been and are being taken in accordance with the rules and with any directions and requisitions in writing which the Commissioner may issue to the person in charge of the work, or to the person who submitted the notice, if any, required under the rules;

(44) Improvement of insanitary lands.— (a) The prohibition of accumulation of water in any pool, ditch, tank, well, pond, quarry, hole drain, water-course, cistern or other receptacle;
- (b) the prohibition of cultivation, use of manure or irrigation injurious to health;
- (c) the paving and draining of cattle-stands;
- (d) the adoption of measures generally to tender insanitary lands sanitary;
(45) Holding of fairs, etc.— The holding of fairs and industrial exhibitions in the City;
(46) Protection of property of the Corporation from injury;
(47) Protection against fire.— The stacking of inflammable materials and of the lighting of fires in any specific portion of the City;
(48) Charges for services by municipal authorities.— The charge for services rendered by any municipal authority;
(49) Appointment of agents by owners of lands not resident in the City.— The appointment by owners of buildings or lands in the city, who are not residents in the City, or persons residing within or near the City to act as their agents for all or any of the purposes of the Act or any rule or bye-law made thereunder;
(50) Mode of performance of acts not otherwise provided for.— The person by

whom and the time, place and manner at or in which anything prescribed under this Act, shall be done, where no express provision has been made therefore;

(51) Inspection of municipal records.— The cases in which inspection and copies of municipal records may be granted, and the procedure and the fees for the grant of such inspection of copies;
(52) Licences and notices.— The form of licences and notices issued under this Act and the authority entitled to sign or issue them;
(53) Burial and burning grounds.— The disposal of the dead; the control, use and management of burial and burning grounds, the maintenance of all such places in good order and in a safe and sanitary condition, and the prevention of encroachments thereon;
(54) Vehicles or animals plying for hire.— (a) Vehicles or animals kept for plying for hire within the limits of the Corporation, the issue of licences to proprietors or drivers of such vehicles or animals, the prescription of types and specification of vehicles to be licenced and the fixing of fees payable for such licences and the conditions on which they may be granted or revoked;
- (b) the rates which may be demanded for the hire of any carriage, cart, motor vehicles or other conveyance or animals hired to carry loads or persons, and restriction of the loads which may be carried by any animal or carriage, cart or other conveyance plying for hire, within the limits of the Corporation: Provided that no bye-laws made under clause (a) or (b) shall apply to any Vehicle to which the Motor Vehicles Act, 1989, applies in any area where that Act is in force: Provided further that the operation of any bye-law made under the provisions of clause
- (a) or (b) or of any rules made under the Motor Vehicles Act, 1989, may, with the sanction of the State Government, be extended to:—
  - (i) any railway station;
  - (ii) the whole or any part of any street so far as such street is situated within ten miles of the limits of the Corporation;
  - (iii) the whole or any part of any street leading from the limits of the Corporation to the limits of any municipality, notified area, or cantonment, if the distance between the

limits of the Corporation and the boundaries of these authorities does not exceed fifty miles, and the Corporation and the authorities concerned each consent to the extension of such bye-laws or rules;

(55) Poor houses.— (a) The maintenance of poorhouses by the Corporation or by private persons or institutions;
- (b) the requirements to be satisfied before a poorhouse managed by a private person or institution is approved by the Corporation;
- (c) the compulsion of able-bodied beggars to work;
- (d) the nature of the work which may be required of beggars and the kind of food to be supplied to them;
- (e) the authority by which exemption from the obligation to work may be granted in a poor-house on the ground of ill-health or debility;
- (f) the inspection of poor-house by authorities to be prescribed in the bye-laws;
(56) Preventing of use of false or incorrect weights, etc.— The preventing of use in any market of false or incorrect weights, scales or measures;
(57) Printing and sales of bye-laws and exhibitions thereof in suitable places.—

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