Chapter XI MUNICIPAL POWERS AND OFFENCES.

The executive committee may at any time, by notice fixed up in any private street which is not maintainable by the municipality but which is permanently accessible to the public give intimation of its intention to declare the same a public street, and unless within one month next after such notice has been so put up the owner of such street or of greater part thereof lodges objections thereto at the municipal office, the municipality may, by notice in writing put up, in such street, or such part, declare the same to be a public street.

Explanation.-In this section, the expression "private street" means any road, footway, square, court, alley or passage, whether a thoroughfare or not, but which is not a public street.

(1) Every person intending to lay out or make any new street, shall give notice, in writing thereof to the chief officer and shall furnish plans and sections showing the intended level, means of drainage, direction and width of such street, and such other particulars as may be required by the by-laws in force in this behalf; and save as hereinafter provided, the level, means of drainage, direction and width of every such street shall be fixed or approved by the executive committee.

(2) Before passing orders under sub-section (1), the executive committee may either issue a provisional order directing that for a period therein specified, which shall not be longer than one month from the date of such order the intended work shall not be proceeded with or demand further particulars.

(3) If-

(a) within one month from the receipt of the notice given under sub-section (1), the executive committee has neither-

(i) passed orders and served notice thereof either fixing or disapproving the proposals submitted under sub-section (1) with regard to level, means of drainage, direction and width of the street; nor

(ii) under sub-section (2) issued any provisional order or demand for further particulars, or

(b) the executive committee, having issued such demand for and having received in accordance with the demand such further particulars, has issued no further orders within one month from the receipt of such particulars,

then within a period of one year from the date on which the person giving notice under sub-section (1) becomes entitled to lay out or make the street, the street may be laid out and made, in such manner as may have been specified in the notice under sub-section (1) and as is not inconsistent with any provision of this Act or of any bye-law for the time being in force thereunder.

(4) Whoever lays out or makes any such street either without giving the notice required by sub-section (1) or, except in accordance with the provisions of sub-section (3), without awaiting or otherwise than in accordance with the instructions issued by the executive committee, or in any manner contrary to the provisions of this Act or of any bye-law in force thereunder, shall be punished with fine which may extend to one thousand rupees; and the executive committee may cause any street so laid out or made to be altered and, any building constructed in such street to be altered or removed and the expense thereby incurred shall be paid to it by the offender, and shall be recoverable in the same manner as an amount claimed on account of any tax recoverable under Chapter IX.

(1) The chief officer shall subject to the approval of the municipality prescribe a line on each side of every public street within the municipal borough and may from time to time prescribe a fresh line in substitution for any line so prescribed or for any part thereof:

Provided that-

(a) at least one month previous to prescribing such line or such fresh line, as the case may be, the chief officer shall give public notice of the proposal and shall put up special notice thereof in the street or part of the street for which such line or such fresh line is proposed to be prescribed;

(b) the chief officer shall comply with any orders passed by the municipality after considering any written objection or suggestion in regard to such proposal. delivered at the office of the municipality within such time as may be specified in such public or special notice :

Provided further that the width of the street as per line once prescribed shall not be curtailed or that the line once prescribed shall not be shifted towards the centre of the street without the sanction of the Collector.

(2) The line for the time being so prescribed shall be called "the regular line of the public street".

(3) (a) Except under the provisions of section 176 no person shall construct or reconstruct any portion of any building within the regular line of the public street without the permission of the chief officer under section 155.

(b) Where the chief officer refuses permission to construct or reconstruct any building in any area within the regular line of the public street, such area shall on the expiry of a period of one year from the date on which permission was so refused or before the expiry of the said period, with the approval of the municipality be added to the street and shall thenceforth be deemed part of the public street and shall be vested in the municipality.

(c) Compensation, the amount of which shall in case of dispute be ascertained and determined in the manner provided in section 268, shall be paid by the municipality 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 loss, 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 cases to which section 182 applies.

(4) Whoever contravenes the provisions of sub-section (3) shall be punished with fine which may extend to three thousand rupees and, in the case of a continuing contravention, with an additional fine which may extend to twenty rupees for every day during which such contravention continues after the conviction for the first such contravention, and the chief officer may-

(a) direct that the building be stopped, and

(b) with the previous sanction of the executive committee, by written notice, require such building or portion thereof to be altered or demolished in accordance with the provisions of such notice. (3) (a) Except under the provisions of section 176 no person shall construct or reconstruct any portion of any building within the regular line of the public street without the permission of the chief officer under section 155.

(b) Where the chief officer refuses permission to construct or reconstruct any building in any area within the regular line of the public street, such area shall on the expiry of a period of one year from the date on which permission was so refused or before the expiry of the said period, with the approval of the municipality be added to the street and shall thenceforth be deemed part of the public street and shall be vested in the municipality.

(c) Compensation, the amount of which shall in case of dispute be ascertained and determined in the manner provided in section 268, shall be paid by the municipality 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 loss, 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 cases to which section 182 applies.

(4) Whoever contravenes the provisions of sub-section (3) shall be punished with fine which may extend to three thousand rupees and, in the case of a continuing contravention, with an additional fine which may extend to twenty rupees for every day during which such contravention continues after the conviction for the first such contravention, and the chief officer may-

(a) direct that the building be stopped, and

(b) with the previous sanction of the executive committee, by written notice, require such building or portion thereof to be altered or demolished in accordance with the provisions of such notice.

(1) Setting back projecting buildings. (2) Acquisition of land which is within the regular line of a street and open or occupied only by platform etc. (3) Compensation payable by the municipality. (2) Powers to regulate buildings, etc.

(1) If any part of a building projects beyond the regular line of a public street as prescribed under section 150 or beyond the front of the building on either side thereof, the municipality may,-

(a) if the projecting part thereof is a verandah, step or some other structure external to the main building, then at any time, or

(b) if the projecting part is not such external structure as aforesaid, then whenever the greater portion of such building or whenever any material portion of such projecting part has been taken down or 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 or beyond the said front of the adjoining building on either side thereof shall be removed or that such building when being rebuilt shall be set back to or towards the said regular line or the front of such building. The portion of land added to the street by such setting back or removal shall thereforth be deemed part of the public street and be vested in the municipality.

(2) (a) If any land not vested in the municipality, whether open or enclosed, lies within the regular line of a public street, and is not occupied by a building other than a platform, verandah, step or other structure external to a main building, the municipality, after giving the owner of the land (1) If any part of a building projects beyond the regular line of a public street as prescribed under section 150 or beyond the front of the building on either side thereof, the municipality may,-

(a) if the projecting part thereof is a verandah, step or some other structure external to the main building, then at any time, or

(b) if the projecting part is not such external structure as aforesaid, then whenever the greater portion of such building or whenever any material portion of such projecting part has been taken down or 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 or beyond the said front of the adjoining building on either side thereof shall be removed or that such building when being rebuilt shall be set back to or towards the said regular line or the front of such building. The portion of land added to the street by such setting back or removal shall thereforth be deemed part of the public street and be vested in the municipality.

(2) (a) If any land not vested in the municipality, whether open or enclosed, lies within the regular line of a public street, and is not occupied by a building other than a platform, verandah, step or other structure external to a main building, the municipality, after giving the owner of the land not less than fifteen clear days, written notice of its intention, or if the land is vested in Government then with the permission in writing of the Collector, may take possession of the said land with its enclosing wall, hedge or fence, 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 municipality.

(b) If any such land is occupied by a building and, in the opinion of the municipality the projecting part of the building is an obstruction to the safe and convenient passage along the public street, the municipality may for the purpose of removing the projecting part, proceed to acquire the land which lies within the regular line of the public street alongwith the superstructure thereon and the provisions of section 69 shall apply to such acquisition.

(3) Compensation, the amount of which shall in case of dispute be ascertained and determined in the manner provided in section 268, shall be paid by the municipality to the owner of any land added to a street under sub-section (1) or acquired under sub-section (2), 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 municipality under either of the said sub-sections; provided that no such compensation shall be payable in cases to which section 182 applies.

(4) 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 182, the municipality 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.

Setting forward to regular line of street. (1) The executive committee may, upon such terms as it thinks fit, allow any building to be set forward for improving the line of any public street in which such building is situated.

(2) If the land which will be included in the premises of any person permitted under sub-section (1) to set forward a building belongs to the municipality, the permission of the executive committee 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 municipality by the said owner for such land and the other terms and conditions of the conveyance shall be set forth in the said permission.

(1) Roofs and external wall of buildings not to be made of inflammable materials. (2) Powers of require removal of roof and wall if inflammable. (4) Penalty. (1) The external roofs and walls of buildings constructed or renewed after the coming into force of this Act, shall not be made of grass, wood, cloth, canvas, leaves, mats or other inflammable material except with the written consent of the chief officer which may be given either specially in individual cases, or generally in respect of any area specified therein.

(2) 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 material as aforesaid, to remove such roof or wall within such reasonable time as shall be specified in the notice whether such roof or wall was or was not made before the time at which this Act came into force, and whether it was made with or without the consent of the chief officer.

(3) An appeal shall lie to the executive committee against any order of the chief officer refusing the consent under sub-section (1) or against any notice given by the chief officer under sub-section (2) if made within fifteen days of the receipt of such refusal or notice, as the case may be.

(4) Whoever without such consent 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 (2), suffers to remain, any roof or wall of such material as aforesaid, shall be punished with fine which may extend to one hundred rupees, and with further fine which may extend to ten rupees for every day on which the offence is continued unless the offence ceases to continue before the expiry of seven days from the date of the first conviction.

Level of buildings. No building shall hereafter be constructed upon a lower level than will allow of the drainage thereof being led into some public sewer or drain either then existing or projected by the municipality, or into some stream or river or into the sea or some cesspool or other suitable place which may be approved of by the chief officer.

(1) Notice of new buildings. (2) Power to chief officer to pass order. (4) Power to suspend the work or require further particulars. (5) Right to proceed in certain cases. (6) Commencement of work. (1) Before beginning to construct any building or to alter externally or add to any existing building, or to construct or reconstruct any projecting portion of a building in respect of which the executive committee is empowered by section 151 to enforce a removal or set back, or to construct or reconstruct which the chief officer is empowered by section 150 to give permission, the person intending so to construct, alter, add or reconstruct shall give to the chief officer notice thereof in writing and shall furnish to him at the same time, if required by a by-law or by special order of the State Government to do so, a plan certified by a qualified person recognised by the municipality for the purpose and 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 by-laws or demanded by the chief officer regarding the limits, design, ventilation and materials of the proposed building, and the intended situation and construction of the drains, sewers, privies, water-closets, and cesspools, if any, to be used in connection therewith, and the location of the building with reference to any existing or projected streets, and the purpose for which the building will be used.

(2) Save as otherwise provided in this act or the rules and by-laws thereunder, the chief officer may either give permission to construct, alter, add or reconstruct. according to the plan and information furnished or may impose in writing conditions, in accordance with this Act and the rules and by-laws made thereunder, as to level, drainage, sanitation, materials or to the dimensions and cubical contents of rooms, doors, windows and apertures for ventilation or to the number of storeys to be erected, or with reference to the location of the building in relation to any street existing or projected, or the purpose for which the building is to be used, or may direct that the work shall not be proceeded with unless and until all questions connected with the respective location of the building and any such street have been decided to his satisfaction or may for reasons recorded in writing reject the notice given under sub-section (1).

(3) The municipality may, before any work has been commenced in pursuance of any permission granted by the chief officer under sub-section (2), revoke such permission and may give fresh permission in lieu thereof on such conditions, in accordance with this Act and the rules and by-laws made thereunder, with reference to the matter mentioned in the said sub-section, as it thinks proper, and may direct that the work shall not be proceeded with unless and until all questions connected with the respective location of the building and any such street have been decided to its satisfaction.

(4) Before issuing any orders under sub-section (2), the chief officer may, within one month from the receipt of such notice, either issue-

(a) a provisional order directing that for a period, which shall not be longer than one month from the date of such order, the intended work shall not be proceeded with, or (1) Before beginning to construct any building or to alter externally or add to any existing building, or to construct or reconstruct any projecting portion of a building in respect of which the executive committee is empowered by section 151 to enforce a removal or set back, or to construct or reconstruct which the chief officer is empowered by section 150 to give permission, the person intending so to construct, alter, add or reconstruct shall give to the chief officer notice thereof in writing and shall furnish to him at the same time, if required by a by-law or by special order of the State Government to do so, a plan certified by a qualified person recognised by the municipality for the purpose and 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 by-laws or demanded by the chief officer regarding the limits, design, ventilation and materials of the proposed building, and the intended situation and construction of the drains, sewers, privies, water-closets, and cesspools, if any, to be used in connection therewith, and the location of the building with reference to any existing or projected streets, and the purpose for which the building will be used.

(2) Save as otherwise provided in this act or the rules and by-laws thereunder, the chief officer may either give permission to construct, alter, add or reconstruct. according to the plan and information furnished or may impose in writing conditions, in accordance with this Act and the rules and by-laws made thereunder, as to level, drainage, sanitation, materials or to the dimensions and cubical contents of rooms, doors, windows and apertures for ventilation or to the number of storeys to be erected, or with reference to the location of the building in relation to any street existing or projected, or the purpose for which the building is to be used, or may direct that the work shall not be proceeded with unless and until all questions connected with the respective location of the building and any such street have been decided to his satisfaction or may for reasons recorded in writing reject the notice given under sub-section (1).

(3) The municipality may, before any work has been commenced in pursuance of any permission granted by the chief officer under sub-section (2), revoke such permission and may give fresh permission in lieu thereof on such conditions, in accordance with this Act and the rules and by-laws made thereunder, with reference to the matter mentioned in the said sub-section, as it thinks proper, and may direct that the work shall not be proceeded with unless and until all questions connected with the respective location of the building and any such street have been decided to its satisfaction.

(4) Before issuing any orders under sub-section (2), the chief officer may, within one month from the receipt of such notice, either issue-

(a) a provisional order directing that for a period, which shall not be longer than one month from the date of such order, the intended work shall not be proceeded with, or

(b) may demand further particulars.

(5) A work proposed in a notice given under sub-section (1) may be proceeded within the manner specified in such notice, provided such manner is not inconsistent with any provision of this Act or of any by-law for the time being in force thereunder in the following cases, namely :-

(a) in case the chief officer within one month from the receipt of the notice given under sub-section (1) has neither-

(i) passed orders under sub-section (2) and served notice thereof in respect of the intended work ; nor

(ii) issued under sub-section (4) any provisional order or any demand for further particulars;

(b) in case the chief officer having issued such demand for and having received such further particulars, has issued no further orders within one month from the receipt of such particulars.

(6) No person who becomes entitled under sub-section (2) or (5) to proceed with any intended work of which notice is required by sub-section (1) 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 (1) to (5). And no person to whom permission to erect or alter or add to any building has been granted by the municipality under section 96 of the Bombay District Municipal Act, 1901, or of that Act as adapted and applied to the Saurashtra area or under section 123 of the Bombay Municipal Boroughs Act, 1925 or of that Act as adapted and applied to the Saurashtra area or that Act as extended to the Kutch area shall be entitled to commence such work after the expiry of one year from the date on which this Act comes into force.

(7) Whoever begins any construction, alteration, addition or reconstruction without giving the notice required by sub-section (1) or without furnishing any plan, information or particulars required by or under this section, or except as provided in sub-section (5), without awaiting or in any manner contrary to such legal orders of the chief officer as may be issued under this section or contrary to the provisions of sub-section (5) or (6) or in any other respect contrary to the provisions of this Act or of any by-law in force thereunder, shall be punished with fine which may extend to an amount to fifty percent of the cost of the construction, alteration, addition, or reconstruction, as the case may be, or one thousand rupees, whichever is greater and in the case of a continuing contravention of any of the aforesaid provisions, he shall be liable to an additional fine which may extend to an amount upto one percent of the cost or ten rupees, whichever is greater, for each day during which such contravention continues after conviction for the first such contravention; and the chief officer may-

(a) direct that the construction, alteration, addition or reconstruction be stopped, and

(b) upon a conviction being obtained under sub-section (7), by written notice require such construction, alteration, addition or reconstruction to be altered or demolished in accordance with the provisions of such notice.

(8) The Chief officer may at any time inspect any work of which notice is required by sub-section (1) without giving notice of his intention to do so; and at any time during the execution of any such work as aforesaid, may, by written notice, specify, any matter in respect of which the execution of such work is in contravention of any provision of this Act or of any by-law made under this Act at the time in force 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-law 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.

Explanation.-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, doorstep 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 a building 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 arrangement, or its security or stability, and

(f) the addition of any rooms, buildings, or other structures to any building and a building so altered, enlarged, reconstructed, converted or added to, is throughout this Chapter included under the expression "a new building".

(1) When a person has given notice to the chief officer under subsection (1) of section 155 in regard to his intention to build, add to or reconstruct a building, it shall be lawful to the chief officer to refuse the permission applied for if the municipality passes a resolution proposing to acquire the land on which any building is proposed to be erected or any building situated on which is proposed to be altered, added to or reconstructed, or if the proposed construction, alteration, addition or reconstruction is likely to be an encroachment on land belonging to the Government or municipality.

(2) Such refusal 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 (1) of section 155, the same shall be determined in accordance with the provisions of section 268, 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 municipality proposing to acquire the land, the land is not acquired by the municipality by agreement upon payment, if within such period, an application has not been made to the Collector for the institution of proceedings for compulsory acquisition under the provisions of the Land Acquisition Act, 1894, or if the municipality abandons the proposal to acquire the land, the notice given under sub-section (1) of section 155 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 municipality to abandon the proposal is arrived at, as the case may be. Such decision shall be communicated to the person giving notice within fifteen days from the date of the decision; and the notice shall be dealt with as if the municipality had not passed a resolution to acquire the land. The municipality 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 municipality's refusal to grant the permission:

Provided that the municipality shall not be liable to pay compensation if the notice under sub-section (1) of section 155 is given subsequent to the passing of the resolution by the municipality to acquire the land.

Completion certificates permission to occupy or use. (1) Every person erecting a building or executing a work as described in sub-section (1) of section 155 shall, within one month after the completion of the erection of such building or the execution of such work, 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 the inspection of such building or of such work.

(2) Where a building is to be erected or any work is to be executed in accordance with a plan certified under sub-section (1) of section 155 a notice under sub-section (1) shall be accompanied by a completion certificate signed by a qualified person recognised by the municipality for the purpose.

(3) (a) An inspection referred to in sub-section (1) 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 and delivered at his address as stated in such notice or in the absence of such address, affixed to a conspicuous part of the building to which such notice relates,

(i) give permission for the occupation of such building or for the use of the building or part thereof affected by such work, or

(ii) refuse such permission in case such building has been erected or such work executed so as to contravene any provision of this Act or of any bye-law made under this Act at the time in force or of any order passed under section 155 intimating to the person who gave the notice under sub-section (1) of section 155 the reasons for such refusal and requiring such person, or, if the person responsible for giving notice under sub-section (1) of section 155 is not at the time of such notice the owner of such building or work then such owner, to cause anything which is contrary to any provision of this Act or of any bye-law made under this Act at the time in force or of any order passed under section 155 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.

(4) No person shall occupy or permit to be occupied any such building, or use or permit to be used the building or part thereof affected by any such work, until-

(a) the permission referred to in clause (b) of sub-section (3) 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.

(5) Whoever contravenes the provisions of this section or fails to comply with any order or requisition made thereunder shall be punished with fine which may extend to five hundred rupees, and in the case of a continuing contravention or non-compliance with an additional fine which may extend to ten rupees for everyday during which such contravention or non-compliance continues after the conviction for the first such contravention or non-compliance.

Regulation of huts. It shall not he lawful for any person to erect any hut or shed or range or block of huts or sheds or to add any hut or shed to any range or block of huts or sheds already existing when this Act comes into operation, without giving previous notice to the chief officer; the chief officer may require such huts or sheds to be built so that they stand in regular lines, with a tree 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 shed 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 builder thereof, or to the owner or occupier of the land on which the same is erected or is being erected, requiring him within such reasonable time as shall be specified in the notice to take down and remove the same, or to make such alterations therein or additions thereto as having regard to sanitary considerations the chief officer may think tit.

(1) Where the executive committee is of opinion that any hut or shed whether used as a dwelling or as a stable or for any other purpose, and whether existing at the time when this Act comes into operation or subsequently erected, is by reason-

(a) of insufficient ventilation or of the manner in which such hut or shed is crowded together with other huts or sheds, 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, it shall cause a notice to be affixed to some conspicuous part of such hut or shed, requiring the owner or occupier thereof, within such reasonable time as may be fixed by the executive committee in this behalf, to take down and remove such hut or shed, or to carry out such alterations or works as the executive committee 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 shed or to carry out such alterations or works within the time appointed, the chief officer may cause such hut or shed to be taken down, or such alterations or works to be carried out. in accordance with the requirements of the executive committee.

(3) Where such hut or shed is taken down by the chief officer, the said officer shall cause the materials of the hut or shed 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 shed, or if the owner is unknown or the title disputed, shall be held in deposit by the municipality until the person interested therein shall obtain an order of a competent Court for the payment of the same :

Provided always that where a hut or shed, existing at the time when the land on which iris situate first became part of a municipal borough, 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 268.

Municipal control over drains etc. (1) All sewers, drains, privies, water-closets, house-gullies and cesspools within the municipal borough shall be under the survey and control of the municipality.

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

Powers for making and repairing drains. (1) It shall be lawful for a municipality or any person acting under its authority to carry for any drainage purposes any drain, sewer, 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, into, through or under any land whatsoever within the municipal borough after giving reasonable notice in writing to the owner or occupier of such land and after taking into consideration any objections made by the owner or occupier within the period specified in the notice.

(2) A municipality, 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 municipality has been already constructed, or repair or alter any drain vested in the municipality or may discontinue, close up or destroy any such drain which in its or his opinion has become useless or unnecessary or prohibit the use of any such drain either entirely or for the purpose of foul water drainage or surface drainage :

Provided that if by reason of any such discontinuance, closing up, destruction or prohibition any person is deprived of the lawful use of any drain, the municipality shall, as soon as may be, provide for his use some other drain as effectual as the one which had been so discontinued, closed up, destroyed or the use of which has been prohibited.

(3) In the exercise of any power under this section no unnecessary damage shall be done, and compensation which shall in case of dispute be ascertained and determined in the manner provided in section 268 shall be paid by the municipality to any person who sustains damage by the exercise of such power.

Power to require sufficient drainage of houses. 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 executive committee, 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 fifteen meters 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.

New buildings not to be erected without drains. (1) It shall not be lawful to construct or reconstruct any building, or to occupy or permit to be occupied any building newly constructed or reconstructed, unless and until-

(a) a drain be constructed of such size, materials and description, at such level and with such fall, as shall appear to the 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 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 municipality for the discharge of drainage, situate at a distance not exceeding fifteen meters from such buildings; 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.

Powers of owners and occupiers of buildings or lands to drain into municipal drains. (1) The owner or occupier of any building or land within the municipal borough 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 that he complies with such conditions as the chief officer may by order in writing prescribe as to the quantity and kind of matter to be so emptied and the mode in which and the superintendence under which the communications are to be made between drains not vested in the municipality and drains which are so vested.

(2) An appeal shall lie to the executive committee against any order of the chief officer under sub-section (1) if the appeal is made within fifteen days of the receipt of such order.

(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 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 executive committee the chief officer there upon 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, authorize the applicant to carry his drain into, through, or under the said land, or into the same 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.

(3) Every such order shall be a competent authority to the person in whose favour it is made, or to any agent or other person employed by him for this purposes, 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 all provisions of this Act, 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 this section as little damage as possible shall be done, and the owner or occupier of the buildings or lands for the benefit of which the work is done, shall-

(a) cause the work to be executed with the least practicable delay ;

(b) fill in, reinstate and make good at his own cost and with the least practicable delay the ground or any portion of any building or other construction opened, broken up or removed for the purpose of executing the said work; and

(c) pay compensation to any person who sustains damage by the execution of the said work.

If the owner of any land into, through or under which a drain has been carried under section 165 whilst such land was unbuilt upon, shall at any subsequent time desire to construct a building thereon, the chief officer subject to the control of the executive committee shall, if he sanctions the construction of such building, by written notice require the owner or occupier of the building or land, for the benefit of which such drain was constructed to close, remove or divert the same, and to fill in, reinstate and make good the land in such manner as he may deem to be necessary, in order to admit of the construction or safe enjoyment of the proposed building.

Provisions of privies, etc. (1) Where the chief officer is of opinion that any privy ox cesspool or additional privies or cesspools, should be provided in or on any building or land, or in municipal borough in which a water-closet system has been introduced, that water-closets or additional water-closets should be provided in or on any building or land, that water-closets should be substituted for the existing privies in such number as may be considered necessary by him. the chief officer, subject to the control of the executive committee, 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 executive committee may by written notice require any person or persons employing workmen or labourers exceeding twenty in number, or owning or managing any market, school or theatre or other place of public resort, to provide such latrines and urinals at such sites as he may direct, and to cause the same to be kept in proper order, and to be daily cleaned.

(3) The chief officer subject to the control of the executive committee may by written notice require the owner or occupier of any land upon which there is a privy or urinal, to have such privy or urinal 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 trap door which opens on to any street, and which he deems to be a nuisance. extended by the Chief Officer for any reasonable cause it shall be lawful for the Chief Officer to make such provision from the municipal fund. The expenses incurred by the Chief Officer in making such provision shall, on demand by the Chief Officer, be payable by the owner and if not paid by him on demand, such expenses shall be recoverable by the Chief Officer in the manner provided by Chapter IX of this Act.

(2) Notwithstanding anything contained in sub-section (1), where the owner of any premises fails to comply with such requirement within the period specified under sub-section (1), the Chief Officer may, in a case where the owner is not himself the occupier of such premises, permit the occupier of such premises to make provision for such water-closet or privy accommodation at the cost of the owner, if the occupier is willing to do so, instead of the Chief Officer himself making such provision. Any such occupier who makes such provision shall after obtaining the necessary certificate from the Chief Officer about such provision having been made by him the amount of expenses incurred by him in making such provision and the reasonableness of such expenses, be entitled to deduct, such amount of expenses as is certified by the Chief Officer to be reasonable, from the rent or any other sum payable by him to the owner or to recover such amount from the owner in any other lawful manner.

(3) For the purpose of making the provision specified in sub-section (1), the Chief Officer shall have power to do all acts necessary for the purpose and the municipality shall not be liable to pay any compensation to the owner of the premises for any reasonable damage done to the premises in making such provision.

(4) Where any water-closet or privy accommodation is provided or set up by the Chief Officer under sub-section (1) and the expenses incurred by the Chief Officer in doing so are paid, or recovered from, the owner in full, such water-closet or privy accommodation shall belong to the owner of the premises and the owner shall be responsible for the expenses of maintaining it in good repairs and efficient condition.

(5) The provision as aforesaid made under sub-section (1) or sub-section (2) shall not be deemed to be a permanent structure for the purpose of clause (b) of sub-section (1) of section 13 of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

Explanation. — For the purpose of this section "water closet" means a closet used as a privy in which discharges are pushed in or carried off by water, and includes an acqua privy, gas plant, latrine attached with gas plant, a closet of type known as P.R. A.I. (Planning Research Action Institute) type, septic tank type, hand flush type, bore hole type, clap trap type or any other type which the State Government may, by notification in the Official Gazette, specify.

(1) Where any premises are, in the opinion of the Chief Officer, without adequate and suitable water-closet or privy accommodation in accordance with the bye-laws made by the municipality in that behalf, the Chief Officer, may, by written notice, require the owner of such premises to provide such water-closet or privy accommodation in accordance with the bye-laws made by the municipality in that behalf, within such time as may be specified in such notice and if the owner fails to comply with such requirement, within the time so specified or within such time as may, on the application of the owner, be extended by the Chief Officer for any reasonable cause it shall be lawful for the Chief Officer to make such provision from the municipal fund. The expenses incurred by the Chief Officer in making such provision shall, on demand by the Chief Officer, be payable by the owner and if not paid by him on demand, such expenses shall be recoverable by the Chief Officer in the manner provided by Chapter IX of this Act.

(2) Notwithstanding anything contained in sub-section (1), where the owner of any premises fails to comply with such requirement within the period specified under sub-section (1), the Chief Officer may, in a case where the owner is not himself the occupier of such premises, permit the occupier of such premises to make provision for such water-closet or privy accommodation at the cost of the owner, if the occupier is willing to do so, instead of the Chief Officer himself making such provision. Any such occupier who makes such provision shall after obtaining the necessary certificate from the Chief Officer about such provision having been made by him the amount of expenses incurred by him in making such provision and the reasonableness of such expenses, be entitled to deduct, such amount of expenses as is certified by the Chief Officer to be reasonable, from the rent or any other sum payable by him to the owner or to recover such amount from the owner in any other lawful manner.

(3) For the purpose of making the provision specified in sub-section (1), the Chief Officer shall have power to do all acts necessary for the purpose and the municipality shall not be liable to pay any compensation to the owner of the premises for any reasonable damage done to the premises in making such provision.

(4) Where any water-closet or privy accommodation is provided or set up by the Chief Officer under sub-section (1) and the expenses incurred by the Chief Officer in doing so are paid, or recovered from, the owner in full, such water-closet or privy accommodation shall belong to the owner of the premises and the owner shall be responsible for the expenses of maintaining it in good repairs and efficient condition.

(5) The provision as aforesaid made under sub-section (1) or sub-section (2) shall not be deemed to be a permanent structure for the purpose of clause (b) of sub-section (1) of section 13 of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

Explanation. — For the purpose of this section "water closet" means a closet used as a privy in which discharges are pushed in or carried off by water, and includes an acqua privy, gas plant, latrine attached with gas plant, a closet of type known as P.R. A.I. (Planning Research Action Institute) type, septic tank type, hand flush type, bore hole type, clap trap type or any other type which the State Government may, by notification in the Official Gazette, specify.

Power to require owners to keep drains, etc., in proper order or to demolish or close a privy or cesspool. (1) All sewers, drains, privies, water-closets, urinals, house-gullies and cesspools within a municipal borough shall, unless, constructed, at the cost of the municipality, be altered, repaired, cleaned and kept in proper order at the costs and charge of the owners of the lands 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 executive committee 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) Subject to the control of the executive committee the chief officer may by written notice require the owner to demolish or close any privy or cesspool, whether constructed before or after the coming into operation of this Act, which in the opinion of the chief officer is a nuisance, or is so constructed as to be inaccessible for the purpose of scavenging or incapable of being properly cleaned or kept in good order.

Power to close existing private drains. When any building or land within municipal borough has a drain communicating with any cesspool or sewers, the chief officer, if he considers that such drain, though it may be sufficient for the drainage of such building or land and though it may be otherwise unobjectionable, is not adapted to the general sewerage of the locality, may, subject to the control of the executive committee, close such drain and such cesspool or sewer, whether they are or are not on land vested in the municipality, on providing a drain or drains equally effectual for the drainage of such building or land, and the chief officer may, subject as aforesaid, do any work necessary for the purpose.

Power in respect of sewers, etc., unauthorizedly constructed, rebuilt or unstopped. The executive committee may by written notice require that any sewer, drain, privy, water-closet, urinal, house-gully or cesspool on any land within a municipal borough, constructed, rebuilt or unstopped-

(a) after such land became part of a municipal borough, and

(b) either without the consent or contrary to the orders, directions or general regulations or bye-laws, of the municipality, or contrary to the provisions of any enactment in force at the time when it was so constructed, rebuilt or unstopped-

shall be demolished, amended or altered, as it may deem fit, by the person by whom it was so constructed, rebuilt or unstopped; and every person so constructing, rebuilding or unstopping any such sewer, drain, privy, water-closet, urinal, house-gully or cesspool, whether he does or does not receive such notice or does not comply therewith, shall, in addition to any penalty to which he may be liable on account of such non-compliance, be punished with fine which, may extend to one hundred rupees.

Encroachments on municipal drains. (1) If any person, without the written consent or permission of the chief officer first obtained or in contravention of any conditions imposed or prescribed under this Act, makes or empties or causes to be made or to empty any drain into or out from any of the sewer or drains vested in a municipality, he shall on conviction be punished with fine which may extend to one hundred rupees, and the chief officer may by written notice require such person to demolish, alter, remake, or otherwise deal with such drain as he may think fit.

(2) (a) No building shall be newly constructed or reconstructed over any sewer, drain, culvert or gutter vested in a municipality, without the written consent of the chief officer, and the chief officer may by, written notice require any person who has so constructed or reconstructed any building without such written consent, to pull down or otherwise deal with the same as he may think fit.

(b) Any person who constructs or reconstructs any building in contravention of clause (a) shall, on conviction, be punished with fine which may extend to one hundred rupees.

(1) Inspection of drains etc. (2) Expense of inspection when to be borne by the Municipality. (1) A chief officer after due notice to the occupier may inspect any sewer, drain, privy, water-closet, urinal, house-gully 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 to be opened 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 to be closed and made good as before shall be borne by the municipality, unless the sewer, drain, privy, water-closet, urinal, house-gully or cesspool is found to be in bad order or conditions 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 sewer, drain, privy, water-closet, house gully or cesspool, and shall be recoverable in the same manner as an amount claimed on account of an tax recoverable under chapter IX.

(1) The executive committee may, if it thinks fit, cause any work, the execution of which may be ordered by or on behalf of the municipality under any of the provisions of this sub-chapter, to be executed by municipal or other agency under its own orders, 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 municipality shall, by a general or special order or resolution, sanction as it is hereby empowered to sanction, the execution of such work at the charge of the municipal fund.

Any pipes, fittings, receptacles, or other appliances for or connected with the drainage of any private building or land, shall, if supplied, constructed or erected at the expense of the municipality, be deemed to be municipal property, unless the municipality shall have transferred its interest therein to the owner of such building or land.

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

(1) The chief officer, subject to any bye-laws made under the provisions of this Act, and on payment of such fees as may be specified in such bye-laws, may give written permission to the owners or occupiers of buildings in public streets to put up open verandahs, balconies or rooms to project from any upper storey of such buildings, to an extent not exceeding 1.24 metres beyond the line of the plinth or basement wall of the building; and may prescribe the conditions subject to which permission may be given for the projection over such streets of roofs, eaves, weather-boards, shop-boards and the like.

(2) Permission granted under sub-section (1) may be permanent or for such period at a time as may be specified in writing when such permission is granted.

(3) (a) Notwithstanding any proceedings which may be taken under clause (b) of this sub-section, the chief officer may, by written notice, require the owner or occupier of any such building to remove or alter any such projection which has been constructed either without, or contrary in any manner to, the permission or orders given or issued by or on behalf of the municipality.

(b) Any such owner or occupier putting up any projection as aforesaid without such permission or in contravention of such permission or orders, shall be punished with fine which may extend to one hundred rupees: and if any such owner or occupier fails to remove any projection in respect of which he has been convicted under this section, he shall be punished with further fine which may extend to ten rupees for each day on which such failure or neglect continues.

(4) The chief officer may, by written notice, require the owner or occupier of any building to remove or alter any projection, encroachment or obstruction which, whether made before or after the site of such building became part of a municipal borough, shall have been made against or in front of such building, and which-

(a) overhangs just into, or in any way projects, or encroaches upon, any public street, so as to be an obstruction to safe and convenient passage along such street, or

(b) projects and encroaches into, upon or over any uncovered aqueduct, drain or sewer in any such street, so as to obstruct or interfere with such aqueduct, drain or sewer or the proper working thereof:

Provided always that the chief officer shall, if such projection, encroachment or obstruction shall have been made in any place before the date on which such place became part of a municipal borough or after such date with the written permission of the municipality, pay reasonable compensation to every person who suffers damage by such removal or alteration; and if any dispute shall arise touching the amount of such compensation, the same shall be ascertained and determined in the manner provided in section 268.

The chief officer may by written notice require the owner of a building in any street to put up and keep in good condition proper troughs and pipes for catching and carrying the water from the roof and other parts of such building, and for discharging the same, in such manner as he may think fit, so that it shall not fall upon the persons passing along the street.

Fixing of lamps, brackets, etc., to houses. 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 provisions of the Indian Telegraph Act, 1885, for telegraph wires or telephone wires, or wires for the conduct of electricity or locomotive purposes; or such pipes as he may deem necessary for the proper ventilation of sewers and water-works; such brackets and pipes shall be erected 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.

Naming streets and numbering of premises; penalty for defacing etc. (1) The municipality may from time to time cause to be put up or painted on a conspicuous part of any building at or near each end or corner of or entrance to a street, the name by which such street is to be known, and may from time to time by written notice require the owner of any premises or part thereof either to put up by means of a metal plate a number or sub-number on such premises or part thereof 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 municipality.

(2) Any person, who destroys, pulls down or defaces any such name, number, or sub-number or puts up any name, number or sub-number different from that put up by the municipality and any owner of any premises or part thereof who does not at his own expense keep such number or sub-number in good order after it has been put up thereon, 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 orders of the municipality 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, door-steps or the like.

Any person-

(a) who, without the consent of the owner or occupier, and in the case of municipal property without the permission in writing of the chief officer, affixes any posting bill; placard or other paper or means of advertisement against or upon any building wall, board, fence pole, post, lamp-post or the like, or

(b) who, without such consent as aforesaid, writes upon, soils, defaces or marks any such building, wall, board, fence, pol, post, lamp-post or the like, with chalk or paint or in any other way whatsoever,

shall on conviction be punished with fine which may extend to Rs. 100 and in addition shall be liable to pay to the owner or occupier, or, as the case may be, the municipality, such sum by way of cost of the removal of the bill, placard, paper or advertisement so posted or of the removal of the writing, soiling, defacing or marking referred to in clause (b) as may be determined by the Court. Any sum so determined, if not paid, shall be recovered as if it were fine recoverable under the Code of Criminal Procedure, 1973.

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

(1) Ruinous or dangerous buildings; precautionary measures. (2) Repairs to be made by owner or occupier; default by such. (1) Where any building or anything affixed thereon is deemed by the chief officer to be in a ruinous state or likely to fall or in any other way dangerous to any inhabitant of such building or of any neighbouring building or to any occupier thereof or to passengers, the chief officer shall immediately, if it appears to him to be necessary, cause a proper hoard or fence to be put up for the protection of passengers :

Provided that if the danger be not of hourly imminence, the chief officer may, instead of causing a hoard or fence to be put up, issue in the first instance notice in writing to the owner or occupier to put up a proper hoard or fence, and in the event of the owner or occupier failing to put up within two days from the service of such notice a hoard or fence which the chief officer considers sufficient in the circumstances of the case, the chief officer, shall at once cause such hoard or fence to be put up.

(2) The chief officer shall also cause notice in writing to be given to the owner or occupier, requiring such owner or occupier forthwith to take down, secure, or repair such building, or thing affixed thereon, as the case shall require; and if such owner or occupier does not begin to repair, take down, or secure such building or thing within three days after the service of such notice, and complete such work with the due diligence, the chief officer shall cause all or so much of such building or things as he shall think necessary to be taken down, repaired or secured.

(3) All expenses incurred by the chief officer under this section shall be paid by the owner or occupier of such building and shall be recoverable in the same manner as an amount claimed on account of any tax recoverable under Chapter IX.

(1) Powers and duties with regard to dangerous, stagnant or insanitary sources of water supply. (2) Remedy on non-compliance with directions issued. (1) The chief officer may at any time by written notice require that the owner of or any person who has 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 repair, 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 by surface drainage, or

(d) repair, protect or enclose in such manner as the chief officer approves, any such source of water-supply other than a stream in its natural flow, if for want of sufficient repair, protection or enclosure, such source of water-supply is in the opinion of the 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 use for drinking purposes any such source of water-supply, other than a stream in its natural flow, 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 temporarily or permanently or fill up or enclose or fence in such manner as the chief officer considers sufficient to prevent such use, 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 thereto, any stagnant water which the chief officer considers 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 such requisition within the time specified by or under the provision of sub-section (1), 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 claimed on account of any tax recoverable under Chapter IX:

Provided that in the case of any well or private stream or of any private channel, tank or other source of water-supply, the water of which is used by the public or by any section of the public as of right, the expenses incurred by the chief officer or necessarily incurred by such owner or person having such control, may, if the executive committee so direct, be paid from the municipal fund. (a) keep and maintain any such source of water-supply, other than a stream in good repair, 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 by surface drainage, or

(d) repair, protect or enclose in such manner as the chief officer approves, any such source of water-supply other than a stream in its natural flow, if for want of sufficient repair, protection or enclosure, such source of water-supply is in the opinion of the 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 use for drinking purposes any such source of water-supply, other than a stream in its natural flow, 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 temporarily or permanently or fill up or enclose or fence in such manner as the chief officer considers sufficient to prevent such use, 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 thereto, any stagnant water which the chief officer considers 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 such requisition within the time specified by or under the provision of sub-section (1), 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 claimed on account of any tax recoverable under Chapter IX:

Provided that in the case of any well or private stream or of any private channel, tank or other source of water-supply, the water of which is used by the public or by any section of the public as of right, the expenses incurred by the chief officer or necessarily incurred by such owner or person having such control, may, if the executive committee so direct, be paid from the municipal fund.

(1) Whoever displaces, takes up, or makes any alteration in 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 such municipal property therein, without the written consent of the chief officer or other lawful authority, shall be punished with fine which may extend to two hundred rupees.

(2) Any person who has displaced, taken up or made alteration in, any such pavement, gutter, flags or other materials, or in such fences, walls, posts, municipal lamps, lamp-posts, brackets, water-posts, hydrants or other municipal property, whether with or without the consent required under sub-section (1) shall be liable to pay the expense which the municipality may incur in replacing or restoring the same. Such expense shall be recoverable in the same manner as an amount claimed on account of any tax recoverable under Chapter IX.

Obstructions and encroachments upon public streets and open spaces. (1) Whoever in any area after it has become a municipal borough,

(a) shall, have built or set up, or shall build or set up, any wall, or any fence, rail, post, stall, verandah, platform, plinth, step or any projecting structure or thing or other encroachment or obstruction, or

(b) shall deposit or cause to be placed or deposited any box, bale, package or merchandise, or any other thing,

In any public place or street or in or over or upon any open drain, gutter, sewer or aqueduct in such place or street shall be punished with fine which may extend to fifty rupees and with further fine which may extend to ten rupees for every day on which, such projection, encroachment, obstruction or deposit continues after the date of first conviction for such offence.

(2) The chief officer shall have power to remove any such obstruction or encroachment, and shall have the like power to remove any unauthorised obstruction or encroachment of the like nature in any open space not being private property, whether such space is vested in the municipality or not; provided that if the space be vested in Government the permission of the Collector shall have first been obtained; the expense of such removal shall be paid by the person who has caused the said obstruction or encroachment, and shall be recoverable in the same manner as an amount claimed on account of any tax recoverable under Chapter IX.

(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 private property, shall be punished with fine which may extend to two hundred rupees, and, in the case of encroachment, with further fine which may extend to twenty rupees for every day on which the encroachment continues after the date of first conviction for such offence.

(4) Nothing contained in this section shall prevent the chief officer from allowing any temporary occupation of or erections in any public street on occasions of festivals and ceremonies, or the piling of fuel in by-streets and spaces for not more than ten days and in such manner as not to inconvenience the public or any individual from allowing the occupation of, or temporary erection of structures on, any such streets or spaces for any other purposes in accordance with bye-laws made under the Act.

(5) Nothing contained in this section shall apply to any projection duly authorized under sub-section (1) of section 176.

Hoards to be set up during repairs, etc. (1) A person intending to construct or take down any building or to alter or repair any building externally shall, if the position or circumstances of the work is or are likely to cause or may cause obstruction, danger or inconvenience in any street, before beginning such work—

(a) first obtain a licence 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 same to be sufficiently lighted during the night, and shall remove the same when directed by the chief officer.

(2) Whoever contravenes any of the provisions of this section shall be punished with fine which may extend to one hundred rupees, and with further fine which may extend to twenty rupees for every day, or night, as the case may be, on which, such contravention continues, after the date of first conviction for such offence.

Fencing and lighting during repairs, etc. (1) The chief officer shall, during the construction or repair of any of the streets , sewers, drains or other premises vested in the municipality, take proper precaution for guarding against accident, by shoring up and protecting the adjoining buildings, and shall cause such bars, chains or posts as he shall think fit, to be fixed across or in any street to prevent the passage of carriages, carts or other vehicles, or of cattle, while such construction or repair is being carried on and shall cause any such construction or repair work in a street to be sufficiently lighted and guarded during the night.

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

(1) No person shall, without the written permission of the chief officer and except in accordance with the conditions of such permission and on payment of such fees as may be specified by the bye-laws of the municipality, make a hole in any street or deposit on any street any timber, stone, brick, earth or other material that has been or is intended to be used for building; such permission shall be terminable at the discretion of the chief officer; and when such- permission is granted to any person, he shall; at his own expense, cause such materials or such hole to be sufficiently fenced and enclosed to the satisfaction of the chief officer until the materials are removed, or the hole is filled up or otherwise made secure and shall cause such materials or hole to be sufficiently lighted during the night.

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

(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 access to the neighbourhood thereof, or creates or is likely to create a nuisance, the chief officer may, by written notice, require the owner of the said quarry or place or the person responsible for such working or removal not to continue or permit the working of such quarry or the removing of such material or to take such order with 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 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) Any expense incurred by the chief officer in taking action under this section shall be paid by such owner or the person responsible for such working or removal, and shall be recoverable in the same manner as an amount claimed on account of any tax recoverable under Chapter IX.

Provision as to dogs. (1) The chief officer may by public notice require that every dog while in the streets and not being led by some person shall be muzzled in such a way as to allow the dog freely to breathe and to drink, while effectually preventing it from biting.

(2) Subject to the provisions of sub-section (3) the chief officer may take possession of any dog found wandering unmuzzled in any public place and may either detain such dog until its owner has claimed it, has provided a proper muzzle for it, and has paid all the expenses of its detention or cause it to be destroyed.

(3) When a dog which has been detained under sub-section (2) is wearing a collar with the owner's name and address thereon, such dog shall not be destroyed until a letter stating the fact that it has been so detained has been sent to the said address, and the dog has remained unclaimed for three clear days: provided that any dog which is found to be rebid may be destroyed at any time.

(4) Any unclaimed dog and any dog, the owner of which refuses to pay all the expenses of its detention may be sold or destroyed, after having been detained for the said period of three clear days.

(5) All expenses incurred by the chief officer under this section may be recovered from the owner of any dog which has been taken possession of or detained in the manner provided by Chapter IX.

(1) If it shall appear to the chief officer at any time that nuisance or annoyance is caused to the public by the keeping of pigs within the limits of the municipal borough, the chief officer may direct by public notice that no person shall, without the written permission of the chief officer, or otherwise than in conformity with the terms of such permission keep any pigs in any part of the borough.

(2) Whoever shall after such direction keep any pigs in any place within the municipal borough without the permission required as aforesaid, or otherwise than in accordance with the terms thereof, shall be punished with fine which may extend to one hundred rupees.

(3) Any pigs found straying may be forthwith destroyed and the carcass thereof disposed of as the chief officer shall direct. No claim shall lie for compensation for any pigs so destroyed.

Depositing dust, etc., committing nuisance. (1) Whoever deposits or causes or suffers any member of his family or household to deposit any dust, dirt, dung, ashes, refuse, or filth of any kind or any animal matter or any broken glass or earthenware or other rubbish or any other thing that is or may be a nuisance, in any street or in any arch under a street or in any drain beside a street or on any open space or on any quay, jetty or landing place or on any part of the seashore on the bank of a tidal river, whether above or below high-water mark, or on the bank of any 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 member of his family or household to commit nuisance in any such place as aforesaid, shall be punished with fine which may extend to one hundred rupees.

(2) Whoever throws or puts or causes or suffers any member of his family or household to throw or put any of the matters described in sub-section (1) except night-soil or, except with the permission of the chief officer, any night-soil into any sewer, drain, culvert, tunnel, gutter or water-course, and whoever commits nuisance or suffers any member of his family or household to commit nuisance in any such sewer, drain, culvert, tunnel, gutter or watercourse, or in such close proximity thereto as to pollute the same, shall be punished with fine which may extend to one hundred rupees.

Discharging sewage, etc. Whoever causes or allows the water of any sink or sewer or any other liquid or other matter which is or which is likely to become offensive, or water in such quantity as is likely to remain stagnant 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 be punished with fine which may extend to one hundred rupees.

Non removal of filth, etc. 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 be punished with fine which may extend to one hundred rupees and with further fine which may extend to ten rupees for every day, on which such offence is continued, after the date of the first conviction for such offence.

(1) The chief officer may by public notice from time to time fix the hours within which and streets or routes by which only it shall be lawful to remove any night-soil or other such offensive matter.

(2) Whoever —

(a) when the chief officer has fixed such hours and streets or routes and given public notice thereof removes or causes to be removed along any street except the street or route so fixed any such offensive matter at any time except within the hours so fixed, or

(b) at any time, whether such hours and streets 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 sufficient 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, or

(v) drives or takes or causes to be driven or taken any cart, carriage, receptacle or vessel used for any such purpose as aforesaid, through any street or by any route, other than the street or route so fixed,

shall be punished with fine which may extend to one hundred rupees.

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

(2) 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 the objection that it is a nuisance, 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 executive committee, if it considers such objection cannot under any other provision of this Act be otherwise removed, may, if there is any person known or resident within the municipal borough 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 shall not be less than seven days from the date of such notice, to cause such building to be taken down and the materials thereof to be removed; in the event of non-compliance with such requirement, the executive committee, on the expiration of the period specified as aforesaid may forthwith cause the building to be taken down and the materials to be removed, and may sell such materials and apply the proceeds to defray any expenses incurred by it in so doing; all such expenses not thereby defrayed shall be recoverable in the same manner as an amount claimed on account of any tax recoverable under Chapter IX.

(1) If, for any reason, it shall appear to the executive committee that any building or any room in a building intended for or used as a dwelling is unfit for human habitation, the executive committee shall give to the owner or occupier of such building a notice in writing, stating such reason, 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 executive committee invalid or insufficient, the executive committee 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, the Chief Officer shall cause notice of such prohibition to be affixed to, and the letters "U. H. H." 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 executive committee certifies in writing that the building or room, as the case may be, has been rendered fit for human habitation.

It shall be lawful for the president, vice-president, chairman of the executive committee, chief officer or any councilor or officer authorised by the municipality in this behalf, at any time between sunrise and sunset after due notice, to enter into and inspect all buildings and lands, and by written notice to direct for sanitary reasons all or any part thereof to be forthwith internally and externally lime washed or otherwise cleansed.

(1) The executive committee may set apart sufficient public places, or any part of the seashore, not being private property, for the purpose of being used as bathing places, and may also provide or set apart a sufficient number of convenient tanks or runs of water for the inhabitants to bathe in; and may also set apart tanks or reservoirs or runs of water for washing animals or clothes, or for any purpose connected with the health, cleanliness and comfort of the inhabitants, and may prohibit the use, for any purpose mentioned in this section, of any or all other public places within the municipal borough.

(2) Copies of all orders passed and notices issued by the executive committee and for the time being in force under this section, shall be kept at the municipal office and shall be open for inspection by the public at all reasonable time.

(1) The executive committee may, by public notice, prohibit the washing of clothes by washermen in the exercise of their calling, except at such places as it shall appoint for this purpose; and when any such prohibition has been made, no person who is, by calling a washerman shall wash clothes at any place not appointed for this purpose by the executive committee, except for such person himself or for the owner or occupier of such place.

(2) The executive committee shall provide suitable places for the exercise by washermen of their calling and may require payment of such fees for the use of any such place as shall from time to time be determined by it with the approval of the municipality.

(3) The executive committee shall, before issuing any public notice under sub section (1), publish in such manner as shall in its opinion be sufficient, for the information of persons likely to be affected thereby; a list of washing places proposed to be provided under sub-section (2), together with a notice specifying a date on or after which the list will be taken into consideration; and shall, before finally fixing the said places, receive and consider any objection or suggestion in respect thereto which may be made in writing by any person before the date so specified.

Fouling water. Whoever, in disobedience of any order of the municipality under section 199, or of any bye-laws, bathes in any stream, pool, tank, reservoir, well, cistern, conduit or aqueduct belonging to the municipality, or washes or causes to be washed therein any animal or anything whatever or throws puts or casts or causes to enter therein any animal or anything, or causes or suffers to run, drain or be brought there into anything that is or may become a nuisance, or does anything whatsoever whereby any water therein shall be in any degree fouled or corrupted, and whoever without permission of the chief officer steeps in any tank, stream, or ditch within or on the boundary of, the municipal borough any animal, vegetable or mineral matter likely to render the water of such tank, stream or ditch offensive or a nuisance shall be punished with fine which may extend to one hundred rupees.

(1) If, in the opinion of the chief officer-

(a) any pool, ditch, quarry, hole, excavation, tank, well, pond, drain, watercourse, or any collection of water, or

(b) any cistern or other receptacle for water whether within or outside a building or,

(c) any land on which water accumulates,

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 fill up, cover over or drain off the same in such manner and with such materials as the chief officer shall prescribe, or to take such order with the same for removing or abating the nuisance as the chief officer shall determine.

(2) (a) No new well, tank, pond, cistern or fountain shall be dug or constructed without the previous permission in writing of the chief officer.

(b) If any such work is begun or completed without such permission, the Chief Officer may either-

(i) by written notice require the owner or other person who has done such work to fill up or demolish such work in such manner as the chief officer shall prescribe; or

(ii) grant written permission to retain such work; but such permission shall not exempt such owner from proceedings for contravening the provisions of clause (a) of this sub-section.

Using offensive manure, etc. 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, shall be punished with fine which may extend to fifty rupees and with further fine which may extend to ten rupees for every day on which the offence is continued after the date of the first conviction.

Tethering cattle, etc. Whoever tethers cattle or other animals, or causes or suffers them to be tethered by any member of his family or household, in any public street, or place so as to obstruct or endanger the public traffic therein, or to cause 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 two hundred rupees;

(b) for any subsequent offence, with fine which may extend to five hundred rupees.

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

Consumption of smoke. (1) It shall be lawful for the municipality to direct by public notice that every furnace employed, or to be employed, in any works or buildings used for the purpose of any trade or manufacture whatsoever, within the limits of the municipal borough whether a stream engine be or be not used or employed therein shall in all cases be constructed, supplemented or altered so as to consume or burn, or reduce as far as may be practicable, the smoke arising from such furnace.

(2) If any person shall after such direction use, or permit to be used, any such furnace not so constructed, supplemented or altered, or shall so negligently use, or permit to be used any such furnace that the smoke arising therefrom shall not be effectually consumed or burnt as far as may be practicable, such person being the owner or occupier of the said work or buildings or an agent or other person employed by such owner or occupier for managing the same, shall be punished with fine which may extend to one hundred rupees and upon any subsequent conviction to one thousand rupees:

Provided that nothing in this section shall be held to apply to locomotive engines used for the purpose of traffic upon any railway or for the repair of road.

Licensing markets and slaughter-houses. (1) It shall be lawful for the municipality to direct that no place other than a municipal market or slaughter-house, shall be used for any of the purposes specified in sub-clauses (i) and (ii) of clause (b) of sub-section (1) of section 275 except under and in accordance with the conditions of a licence from the executive committee, which may at its discretion from time to time grant, suspend, withhold or withdraw such licences either generally or in individual cases.

(2) Whoever uses or permits the use of any place contrary to such direction, or without the licence required as aforesaid, or in contravention of any of the conditions or during the suspension or after the withdrawal of such licence, shall be punished with fine which may extend to fifty rupees.

(3) Upon a conviction being obtained in respect of any place under sub-section (2) of this section, the Magistrate shall, on the application of the executive committee but not otherwise, order such place to be closed, and thereupon appoint persons or take other steps to prevent such place being so used; and every person who so uses or permits the use of a place after it has been so ordered to be closed, shall be punished with fine which may extend to ten rupees for each day during which he continues to use, or permits such use of, the place after it has been so ordered to be closed.

(4) Nothing in this section or in sub-clause (ii) of clause (b) of sub section (1) of section 275 shall apply to any liquor as defined in the Bombay Prohibition Act 1949.

Opening, closing and letting of markets and slaughter-house. (1) The municipality may from time to time open or close any public market or slaughter-house. It may also either take stallage or other rents or fees for the use by any person of any such market or slaughter-house, or from time to time sell by public auction or otherwise the privilege of occupying any stall or space in or of otherwise using any such market or slaughter-house.

(2) Any person who, without the permission of or a licence from the municipality, shall sell, or expose for sale, any article in the said markets or use the said slaughter-house, shall be punished with fine which may extend to fifty rupees.

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

It shall be lawful for a municipality with the sanction of the Director or, if authorised by him, of the Collector to establish slaughter houses or places for the disposal of carcasses of animals beyond the limits of the municipal borough and all provisions of this Act and of bye-laws in force thereunder relating to such slaughter-houses or places within the municipal borough, shall have full force in slaughter-houses or places established under this section, as if they were within the municipal borough.

(1) Search for and inspection of unwholesome articles. (2) Application for summons to be refused if not applied for within reasonable time. (1) The president, vice-president, chairman of the health committee, chief officer or any councillor or officers authorised by the municipality in this behalf-

(a) may at all reasonable times enter into any place for the purpose of inspecting and may inspect any animals, carcasses, meat, poultry, game, flesh, fish, fruit, vegetables, corn, bread, flour, milk, ghee, butter or other articles intended for human food or drink or for medicine, whether exposed or hawked about for sale, or deposited in or brought to any place for the purpose of sale or of preparation for sale or may enter into and inspect any place used as a slaughter-house, and may examine anything which may be therein; and

(b) in case any such animals, carcasses, or other articles before mentioned appear to be diseased or unsound or unwholesome or unfit for human food or drink or medicine may seize the same.

Any article which is of perishable nature may under the orders of the president, vice-president, chairman, of the executive committee or chief officer, if in his opinion it is diseased, unsound, unwholesome or unfit for human food, drink or medicine be forthwith destroyed.

Every animal and every article which is not of a perishable nature, if seized as aforesaid, shall be taken before a Magistrate.

If it appears to the Magistrate upon sufficient evidence that any such animal or article is diseased or unsound or unwholesome or unfit for human food, drink or medicine, the owner or person in whose possession it was found, not being merely a bailee or carrier thereof, shall, if in such case the provisions of section 273 of the Indian Penal Code, 1860 do not apply, be punished with fine which may extend to two hundred rupees and the Magistrate shall cause such animal or article to be destroyed or to be so disposed of as to prevent its being exposed for sale or use for human food or drink or medicine.

(2) In all prosecutions under this section the Magistrate shall refuse to issue a summons for the attendance of any person accused of an offence against its provisions unless the summons is applied for within a reasonable time from the alleged date of the offence of which such person is accused.

Powers of inspection of weights and measures, etc. The president, vice-president, chief officer or any councillor authorised by the municipality in this behalf may at all reasonable times enter into any place where weights or measures or weighing or measuring instruments are used or kept for purposes of trade and inspect such weights or measures weighing or measuring instruments.

Licensing of dairies. (1) Except under and in accordance with the terms of a licence from the executive committee, no person shall-

(a) carry on the trade or business of a dealer, in, or importer or seller of, sweetmeats, milk, butter or other milk products, or

(b) use or permit to be used for the purposes of trade, any place for stabling milch cattle or for storing or selling milk or for making, storing or selling butter.

(2) The executive committee may grant such licence subject to such conditions as it may deem fit and may at any time withdraw or suspend such licence on giving one month's notice to the licensee :

Provided that where the licensee has contravened any of the conditions of the licence, the licence may be withdrawn or suspended without any such notice.

(3) Whoever carries on the trade or business of a dealer in, or importer or seller of, sweetmeats, milk, butter or other milk products, or so uses or permits to be used any place for any of the aforesaid purposes without, or in contravention of any of the conditions of, or after the withdrawal of, or during the suspension of, such licence, shall be punished with fine which may extend to one hundred rupees and in the case of a continuing offence with additional fine which may extend to twenty rupees for each day during which such offence is continued after the date of the conviction for the first such offence.

(4) Upon a conviction being obtained in respect of any place under sub-section (3) the Magistrate shall, on the application of the municipality but not otherwise, order such place to be closed, and thereupon, appoint persons or take other steps to prevent such place being so used.

(1) Whenever any area within a municipal borough is declared by the State Government as affected by the out-break of any dangerous disease the municipality shall, subject to the limitations, restrictions, and conditions, if any, as the State Government may by notification in the Official Gazette prescribe in this behalf, exercise within the municipal borough the powers specified in sub-section (2), until the declaration made is withdrawn.

(2) The powers to be exercised by the municipality shall be as follows, namely:-

(a) Power by orders, which may be either of special or general application, to direct that every medical practitioner, who knows or may have reason to believe that any person whom he has visited in his professional capacity in any dwelling not being a hospital; or that every manager of any factory or educational institution, or every head of a household, who knows or has reason to believe that any person who resides in any dwelling under his management, or control, is suffering from any illness which may reasonably be supposed to be a dangerous disease, shall give information of the same with the least practicable delay to such person as may be designated by the municipality in that behalf.

(b) Power to direct or authorise the inspection, without notice, or with such notice as to the person directed or authorised to inspect appears reasonable, of any place in which any dangerous disease is reported or suspected to exist and the taking of measures to prevent the spread of the disease beyond such place.

(c) Power to prohibit the removal of water for the purpose of drinking from any well, tank or other place which may appear to the municipality, on the advice of a medical officer, likely to endanger or cause the spread of any dangerous disease.

(d) Power to direct or cause the removal on a certificate signed by any duly qualified medical practitioner authorised by the municipality in this behalf of any person who is without proper lodging or accommodation, or who is lodged in a room or set of apartments occupied by more than one family or in a place where his presence may be a danger to the neighbourhood, and who is suffering from a dangerous disease, 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 municipality.

(e) Power to require by written notice the owner or occupier of any building or part of a building , or a person owning or in charge of any article therein, to cleanse or disinfect such building or part thereof or article, either at his own expense, or in case of poverty, or for other cause which the municipality, in the circumstances of the case considers, reasonable, at the expense of the municipality.

(f) Power to provide the means and to prescribe places for disinfecting or washing, bedding or other articles which have been exposed to infection from any dangerous disease, and to direct the destruction thereof.

(g) Power-

(i) to provide and maintain suitable conveyance for the free carriage of persons suffering from any dangerous disease, and

(ii) when such provision is made, to prohibit the conveyance of such persons in all or any public conveyances and

(iii) to direct that conveyances that may at any time to be used for conveying any such person shall be immediately disinfected.

(h) Power to prohibit-

(i) any person suffering from any dangerous disease from wilfully exposing himself, without proper precautions against spreading the said disease, in any street or in any school or factory, or in any inn, dharmashala, theatre, market or other place of public resort, or

(ii) any person in charge of any person so suffering from so exposing such sufferer.

(i) Power to prohibit any person from removing to another place, transferring to another person, except for the purpose of disinfection, any article which the person prohibited knows or has reason to believe has been exposed to infection of any kind whatsoever from any dangerous disease.

(j) Power to prohibit the letting of or the providing of accommodation in any hotel, inn, dharmashala, or serai 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, and any article therein likely to retain infection, disinfected to the satisfaction of the municipality, or of such officer as the municipality may appoint in this behalf.

(k) Power, with the previous permission in each case of a Magistrate exercising not less man second class powers to destroy any insanitary huts or sheds in which there is reason to believe that persons have been suffering from a dangerous disease.

(3) The municipality may, in its discretion, give compensation to any person who sustains substantial loss by the destruction of any property under this section, but, except as allowed by the municipality, no claim for compensation shall for any loss or damage caused by any exercise of the powers specified therein.

(4) Any person who in a municipal borough disobeys any order which is for the time being in force therein, and which has been passed by the municipality in exercise of any power conferred on such municipality under this section, or obstructs any officer of the municipality or other person acting under the authority of the municipality in carrying out executively any such order, shall be punished with fine which may extend to one hundred rupees. exercise of any power conferred on such municipality under this section, or obstructs any officer of the municipality or other person acting under the authority of the municipality in carrying out executively any such order, shall be punished with fine which may extend to Rs. 100.

(1) In the event of the municipal borough or any part thereof being at any time threatened or visited with an outbreak of any dangerous disease, the municipality shall take all such measures as the Collector may deem necessary for the purpose of preventing, meeting, mitigating or suppressing suck outbreak.

(2) In such event asaforesaid the Collector may by special notification declaring that such municipal borough is threatened or visited with an outbreak of a dangerous disease, confer on the municipality all or any of the additional powers specified in sub-section (3) and such municipality shall, subject to such limitations, restrictions and conditions, if any, as the Collector in the same or in any subsequent notification may prescribe, exercise every such power so conferred on it until the same is withdrawn by means of a like notification.

(3) The powers, all or any of which may be conferred under sub-section (2) are-

(a) power to order, subject to the conditions-

(i) that the permission of a Taluka Magistrate shall be in each case first obtained, and

(ii) that accommodation for all persons to whom the order refers is available, or shall be provided, elsewhere,

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;

(b) power 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 borough, or residing in any building adjacent to any infected building, and to direct that any such person shall give his address and present himself daily for medical examination at such times, and places as may be prescribed, for a period not exceeding ten days;

(c) power 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 Civil Surgeon of the district or other medical officer appointed by the State Government in this behalf 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.

(4) The municipality may in its discretion give compensation to any person who sustains substantial loss by the destruction of any property under this section; but except as allowed by the municipality, no claim for compensation shall lie for any loss or damage caused by any exercise of the powers specified therein.

(5) If in any municipal borough in which a notification under sub-section (2) is for the time being in force, any person-

(a) knowingly disobeys any order which for the time being is in force in such borough and which has been passed by the municipality in exercise of any power conferred on it under section 214 or under this section; or

(b) obstructs any officer of the municipality or other person acting under the authority of the municipality in carrying out executively any such order, such person shall be punished with fine which may extend to Rs. 1,000.

Withdrawal and modification of powers and orders. (1) The State Government, in the case of section 214, and the Collector, in the case of section 215, may at any time-

(a) withdraw any such power;

(b) cancel or modify any limitation, restriction or condition prescribed in respect of any such power ;

(c) cancel any order passed by a municipality in exercise of any such power.

(2) Every order passed by a municipality in exercise of any power under section 214, or as the case may be, section 215 shall, on the withdrawal of such power, cease to be in force in the municipal borough.

Duties of municipality in respect of diseases among cattle. If in any municipal borough any infectious disease amongst cattle, breaks out or if the introduction of any such disease appears to be likely, the municipality shall take all such measures as it may deem necessary for the purpose of preventing, meeting, mitigating or suppressing fee disease or the outbreak or introduction thereof.

Proceedings to abate the overcrowding of the interiors of building. (1) Whenever the executive committee considers the interior of a building to be 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 executive committee may cause proceedings to be taken before a taluka Magistrate for the purposes of obtaining an order to present such overcrowdings.

(2) Such Magistrate may, on the production of a certificate by a medical officer stating 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 owners of the building within a reasonable time not being more than six weeks or less than ten days, to abate the number of lodgers, tenants or other inmates of the said building 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 sublet the same, the land-lord of the lodgers, tenants or other actual inmates of the same shall for the purposes of this section be deemed to be the owner of the building.

(4) It shall be incumbent on any owner, to whom a requisition is issued under sub-section (2) forthwith to give to so many of the lodgers tenants or other actual inmates of the said buildings as may be necessary to fulfill the conditions prescribed in such requisition written notice to vacate the said building, within the period specified in such requisition, and any such lodgers, tenants or inmates receiving notice shall be bound to comply therewith.

(5) Any owner who after the date specified in any requisition issued under sub-section (2) permits the overcrowding of any building in contravention of such requisition, and any person who omits to vacate any such buildings in accordance with notice given to him under sub-section (4), shall be punished with fine which may extend to Rs. 25 for each day subsequent to the date specified in such requisition during which such overcrowding or such omission to vacate continues.

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

(a) the manner in which either buildings or blocks of buildings, already existing or projected therein, are, or are likely to become, crowded together, or

(b) the impracticability of cleansing any such buildings or blocks of buildings, already existing or projected, or

(c) the want of drainage or scavenging, or the difficulty of arranging therein for the drainage or scavenging of any such buildings or blocks or area as aforesaid, or

(d) the narrowness, closeness, bad arrangement or bad condition of the streets or buildings or groups of buildings,

it may by notification confer on the municipality to which such area is subject, all or any of the powers specified in sub-section (2), and may, if it deems necessary, at any rime make rules prescribing any limitations, restrictions, modifications, conditions or regulations, subject to which the municipality shall exercise within that area the powers so conferred, unless and until those powers are withdrawn by a subsequent notification of the State Government

(2) The powers which may be conferred on a municipality under sub-section (1) are as follows:

(a) power when any building or block already existing or in course of erection, by reason of any defect specified in sub-section (1) has given or is in the opinion of the municipality likely to give rise to such risk as aforesaid, to require by a written notice, to be fixed upon some conspicuous part of such building or block and addressed, as the municipality deems fit, either to the owners thereof or to the owners of the land on which such building or block is erected or is in course of erection that the persons so addressed shall, within such reasonable time as shall be specified in the notice, either pull down or remove such building or block, or execute such works or take such action in connection there with as the municipality deems necessary to prevent all such risk or disease;

(b) power by municipal or other agency to pull down or remove such building or block, or to execute such works or to take such action as aforesaid if the persons addressed in the said notice neglect so to do within the time specified therein;

(c) power, subject to a right of appeal to the Director whose decision shall be copy conclusive, to prohibit, by written notice addressed to the owners and occupiers of any site or space hereinafter described and by general notice published in the manner provided in sub-section (3) of section 226, the erection of any building or of any building exceeding such dimensions as may be specified in such notice :-

(i) on the site of any building which has, in whole or in part, under the provisions of this section, been pulled down, or

(ii) on any space not occupied by buildings, whether such space is private property or not and whether it is enclosed or not, if the municipality considers that in order to prevent such risk as aforesaid, such site or space should not be built upon in whole or in part; and either to acquire such site or space or to prescribe such conditions as may be deemed necessary as to the use which the owner or occupier may make or permit to made thereof:

Provided that in every case compensation, the amount of which shall in case of dispute be ascertained and determined in the manner provided in section 268 shall be paid to any person whose rights are affected by such prohibition.

(3) When, in pursuance of any notice under sub-section (2). any building has been pulled down, the municipality shall, unless such building has been erected contrary to any provision of this Act or of any bye-law in force thereunder, pay to such owner or occupier as may have sustained damage thereby, reasonable compensation, the amount of which shall in case of dispute be ascertained or determined in the manner provided in section 268.

(4) The State Government may prescribe by rules a fine exceeding one thousand rupees for every breach, and a further fine not exceeding fifty rupees a day for every continuing breach, of any order made or conditions imposed by the municipality in exercise of any powers conferred upon it under this section.

(1) Where the municipality is of opinion that any place used for the disposal of the dead should cease to be so used by reason of its being surrounded by an area developed into a busy locality or being in the vicinity of some source of water supply or there being any religious or communal controversies or is in such a state as to be, or to be likely to become, injurious to health, it may submit its opinion with the reasons therefor to the Director and the Director thereupon, after such further inquiry, if any, as he shall deem fit to cause to be made by notification direct that such place shall cease to be so used from such date as may be specified in that behalf in the said notification.

(2) A copy of the said notification together with a translation thereof in Gujarati shall be published in the local newspaper, 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 specified in the said notification for closure of the same shall be punished with fine which may extend to two hundred rupees.

Regulation of certain trades. (1) If it be shown to the satisfaction of the executive committee that any building or place used or intended by any person to be used-

(a) for boiling or storing offal, blood, bones and range,

(b) for salting, curing or storing fish,

(c) for storing-hides, horns or skin,

(d) for tanning,

(e) for the manufacture of leather or leather goods,

(f) for dyeing,

(g) for melting tallow or sulphur,

(h) for washing or drying wool or hair,

(i) for manufacturing or preparing by any process whatever, bricks, pottery or lime,

(j) for soap making,

(k) for oil-boiling or oil extracting,

(l) as a manufactory of sago,

(m) as a distillery,

(n) for storing hay, straw, fodder, wool, coal or other combustible material,

(o) as a manufactory of snuff,

(p) for the manufacture or sale of sweetmeats,

(q) as a factory, workshop or place of business in which animals are employed or intended to be employed for doing work or in which steam, water or any mechanical power is used or intended to be used,

(r) as a manufactory or place of business of any other kind, from which offensive or unwholesome smells arise, or which may involve risk of fire,

(s) as a hair dressing saloon or a barber's shop or a humamKhana, is or is likely to become by reason of such use and of its situation a nuisance to neighbourhood or is so used or is so situated as to likely to be dangerous to life, health or property, the executive committee may by written notice require the owner or occupier-

(i) at once to discontinue the use of or at once to desist from carrying out or allowing to be carried out the intention so to use, such building or place, or

(ii) to use it in such manner or after such structural alterations as the executive committee in such notice prescribes so that it may not become or may be no longer, a nuisance or dangerous.

Explanation-1.-For the purpose of clauses (q) and (r) nuisance shall include any contamination of the atmosphere whereby a deposit of soot is caused or any mechanical noise.

Explanation-2.—Nothing in clauses (q) and (r) shall be deemed to affect any provision of the Indian Boilers Act, 1923, or shall authorize 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.

(2) Whoever after notice has been given under sub-section (1), uses any building or place or permits it be used in such a manner as to be a nuisance to the neighbourhood or dangerous to life, health, or property, shall be punished with fine which may extend to five hundred rupees, and with further fine which may extend to seventy-five rupees for every day on which such use or permission of use is continued after the date of the first conviction.

(3) Upon a conviction being obtained under this section, the Magistrate shall, on the application of the executive committee but not otherwise, order such place to be closed and thereupon appoint persons or take other steps to prevent such place being used for any purpose mentioned in sub-section (1). (j) for soap making,

(k) for oil-boiling or oil extracting,

(l) as a manufactory of sago,

(m) as a distillery,

(n) for storing hay, straw, fodder, wool, coal or other combustible material,

(o) as a manufactory of snuff,

(p) for the manufacture or sale of sweetmeats,

(q) as a factory, workshop or place of business in which animals are employed or intended to be employed for doing work or in which steam, water or any mechanical power is used or intended to be used,

(r) as a manufactory or place of business of any other kind, from which offensive or unwholesome smells arise, or which may involve risk of fire,

(s) as a hair dressing saloon or a barber's shop or a humamKhana, is or is likely to become by reason of such use and of its situation a nuisance to neighbourhood or is so used or is so situated as to likely to be dangerous to life, health or property, the executive committee may by written notice require the owner or occupier-

(i) at once to discontinue the use of or at once to desist from carrying out or allowing to be carried out the intention so to use, such building or place, or

(ii) to use it in such manner or after such structural alterations as the executive committee in such notice prescribes so that it may not become or may be no longer, a nuisance or dangerous.

Explanation-1.-For the purpose of clauses (q) and (r) nuisance shall include any contamination of the atmosphere whereby a deposit of soot is caused or any mechanical noise.

Explanation-2.—Nothing in clauses (q) and (r) shall be deemed to affect any provision of the Indian Boilers Act, 1923, or shall authorize 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.

(2) Whoever after notice has been given under sub-section (1), uses any building or place or permits it be used in such a manner as to be a nuisance to the neighbourhood or dangerous to life, health, or property, shall be punished with fine which may extend to five hundred rupees, and with further fine which may extend to seventy-five rupees for every day on which such use or permission of use is continued after the date of the first conviction.

(3) Upon a conviction being obtained under this section, the Magistrate shall, on the application of the executive committee but not otherwise, order such place to be closed and thereupon appoint persons or take other steps to prevent such place being used for any purpose mentioned in sub-section (1).

(4) Whoever uses without licence or during the suspension or after the withdrawal of a licence, any place for any purpose mentioned in sub-section (1) in any municipal borough in which bye-laws are for the time being in force prescribing the conditions on or subject to which, the circumstances in which, and the areas or localities in respect of which, licences for such use may be granted, refused, suspended or withdrawn, shall be punished with fine which may extend to one hundred rupees and with further fine which may extend to twenty rupees for every day on which such use is continued after the date of first conviction.

Prohibition of use of steam whistles, etc. (1) No person shall use or employ in any factory or any other place 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 from the executive committee.

(2) The executive committee may grant such licence subject to such conditions as it may deem fit and may at any time withdraw such licence on giving one month's notice to the licensee :

Provided that where the licensee has contravened any of the conditions of the licence, the licence may be withdrawn without any such notice.

(3) Whoever uses or employs any such whistle or trumpet as aforesaid without or in contravention of any of the conditions of or after the withdrawal of such licence, shall be punished with fine which may extend to one hundred rupees.

Loitering or importuning for purpose of prostitution. Whoever in any street or public place within the limits of a municipal borough loiters, for the purpose of prostitution or importunes any person to the commission of sexual immorality shall be punished with fine which may extend to one hundred rupees:

Provided that no Court shall take cognizance of an offence under this section except on the complaint of the person importuned, or of a police officer not below the rank of an officer in charge of police station and specially authorized in this behalf by the district magistrate or by the municipality.

(1) No person shall, in any municipal borough which the State Government shall have declared by notification to be pilgrim centre for the purposes of this section and of clause (d) of sub-section (1) of section 275 use or permit to be used any place or building for the purpose of lodging pilgrims except under and in accordance with the conditions of a licence from the executive committee.

(2) The executive committee may grant such licence subject to such conditions as it may deem fit and may at any time withdraw such licence on giving one month's notice to the licensee :

Provided that where the licensee has contravened any of the conditions of the licence, the licence may be withdrawn without any further notice.

(3) Whoever lodges or permits to be lodged any pilgrims in any place or building without or in contravention of any of the conditions of or after the withdrawal of or during the suspension of such licence, shall be punished with a fine not exceeding ten rupees for each such pilgrim for each day or part of a day during which such pilgrim has been so lodged.

It shall be the duty of all police officers and of all municipal officers and servants to aid a fire-brigade in the execution of its duties. Such officers and servants may close any street in or near which a fire is burning and remove any persons who interfere by their presence with the operations of the fire-brigade.

(1) Service of notices, etc. addressed to individuals. (2) Service of notices on owners or occupiers of buildings and lands. (3) Public and general notices how to be published. (4) Defective form not to invalidate notice. (5) Execution of acts required to be done by any notice. (1) The service of every notice and the presentation of every bill under this Act on any person or to any person to whom it is by name, addressed, shall, in all cases not otherwise specially provided for in this Act, be effected by a municipal officer or servant or other person authorised by the chief officer in this behalf-

(i) if such person resides within the municipal borough-

(a) by giving or tendering the notice or bill to the person; or

(b) if the person is not found, by leaving the same at his last known place of abode, within the municipal borough, or by giving or tendering, the same to some adult member or servant of his family or by registered post under cover bearing the address of the place of abode last known; or

(ii) if such person does not reside within the municipal borough, and his address elsewhere is known to the President or other person directing the issue of the notice or bill, then by forwarding the same by registered post under cover bearing the said address; or

(iii) if none of the means aforesaid be available, then by causing the bill or notice to be affixed on some conspicuous part of the building or land, if any, to which the bill or notice relates.

(2) When any notice under this Act is required or permitted by or under this Act to be served upon an owner or occupier of any building or land, it shall not be necessary to name the owner or occupier therein, and the service thereof, in cases not otherwise, specially provided for in this Act, shall be effected either-

(a) by giving or tendering the notice to the owner or occupier or if there be more owners or occupiers than one, to any one of them; or

(b) if no such owner or occupier be found, then by giving or tendering the notice to some adult member or servant of the family of any such owner or occupier as aforesaid; or

(c) if none of the means aforesaid be available, then by causing the notice to be fixed on some conspicuous part of the building or land to which the same relates.

(3) Every notice which this Act requires or empowers a municipality or any municipal authority or officer to give or to serve either as a public notice or generally or by provisions which do not expressly require notice to be given to individuals therein specified shall be deemed to have been sufficiently given or served if a copy thereof is put up in such conspicuous part of the municipal office during such period and in such other public buildings or places in each ward and where necessary is published in such local papers or in such other manner, as the municipality in bye-laws in this behalf prescribes.

(4) No notice or bill shall be invalid for defect of form. (1) The service of every notice and the presentation of every bill under this Act on any person or to any person to whom it is by name, addressed, shall, in all cases not otherwise specially provided for in this Act, be effected by a municipal officer or servant or other person authorised by the chief officer in this behalf-

(i) if such person resides within the municipal borough-

(a) by giving or tendering the notice or bill to the person; or

(b) if the person is not found, by leaving the same at his last known place of abode, within the municipal borough, or by giving or tendering, the same to some adult member or servant of his family or by registered post under cover bearing the address of the place of abode last known; or

(ii) if such person does not reside within the municipal borough, and his address elsewhere is known to the President or other person directing the issue of the notice or bill, then by forwarding the same by registered post under cover bearing the said address; or

(iii) if none of the means aforesaid be available, then by causing the bill or notice to be affixed on some conspicuous part of the building or land, if any, to which the bill or notice relates.

(2) When any notice under this Act is required or permitted by or under this Act to be served upon an owner or occupier of any building or land, it shall not be necessary to name the owner or occupier therein, and the service thereof, in cases not otherwise, specially provided for in this Act, shall be effected either-

(a) by giving or tendering the notice to the owner or occupier or if there be more owners or occupiers than one, to any one of them; or

(b) if no such owner or occupier be found, then by giving or tendering the notice to some adult member or servant of the family of any such owner or occupier as aforesaid; or

(c) if none of the means aforesaid be available, then by causing the notice to be fixed on some conspicuous part of the building or land to which the same relates.

(3) Every notice which this Act requires or empowers a municipality or any municipal authority or officer to give or to serve either as a public notice or generally or by provisions which do not expressly require notice to be given to individuals therein specified shall be deemed to have been sufficiently given or served if a copy thereof is put up in such conspicuous part of the municipal office during such period and in such other public buildings or places in each ward and where necessary is published in such local papers or in such other manner, as the municipality in bye-laws in this behalf prescribes.

(4) No notice or bill shall be invalid for defect of form.

(5) (a) Where any notice under this Chapter requires any act to be done for which no time is fixed by this Act, the notice shall fix a reasonable time for doing the same.

(b) In the event of non-compliance with the terms of the notice it shall be lawful for the chief officer to take such action or such steps as may be necessary for the completion of the act thereby required to be done and all the expenses therein incurred by the municipality shall be paid by the person or persons upon whom the notice was served and shall be recoverable in the manner provided in section 269.

(6) The foregoing provisions of this section shall mutatis mutandis apply to the service of any summons, requisition or order issued under this Act and to be served on any person.

Punishment for disobedience of order and notice not punishable under any other section. Whoever disobeys or fails to comply with any lawful direction given by any written notice issued by or on behalf of a municipality under any power conferred by this Chapter, or fails to comply with the conditions subject to which any permission was given to him by or on behalf of a municipality under any power so conferred, shall, if the disobedience or failure is not an offence punishable under any other section, be punished with fine which may extend to one hundred rupees and with further fine which may extend to ten rupees for every day on which the said disobedience or failure continues after the date of the first conviction :

Provided that when the notice fixes a time within which a certain act is to be done and no time is specified in this Act, it shall rest with the Magistrate to determine whether the time so fixed was reasonable time within the meaning of this Act.

General penalty. Whoever does or omits to do an act in contravention of any provisions of this Act or the bye-laws made thereunder or the conditions of a licence permission granted by a municipality under the said provisions or bye-laws shall if such act or omission is not an offence under the said provisions or bye-laws, be punished with fine which may extend to one hundred rupees and with further fine which may extend to ten rupees for every day on which act or omission continues after the date of the first conviction.

(1) Municipality in default of owner or occupier may execute works and recover expenses. (a) Agreement for construction of drainage and water connections. (b) Improvement expenses. (2) Power to levy charges on occupier who may deduct the same from his rent. (3) Occupiers not to be liable for more than the amount of rent due. (1) Where under the provisions of this Act any work is required to be executed by the owner or occupier of any building or land and default is made in the execution of such work, the municipality, whether any penalty is or is not provided for such default, may, after giving reasonable notice to the owner or occupier and taking into consideration the objections, if any, made within the period specified in the notice, cause such work to be executed; and the expenses thereby incurred shall, unless otherwise expressly provided in this Act, be paid to it by the person by whom such work ought to have been executed, and shall be recoverable in the same manner as an amount claimed on account of any tax recoverable under Chapter IX either in one sum or by instalments as to the municipality may seem fit:

Provided that-

(a) where any drainage scheme or water-works scheme has been commenced by any municipality, it shall be lawful for the municipality, without prejudice to its powers under section 162 or any other provision of this Act to make a special agreement with the owner of any building or land as to the manner in which the drainage or water-connection thereof shall be carried out, and the pecuniary or other assistance, if any, which the municipality 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);

(b) where an order or requisition has been passed under sub-section (1) (1) Where under the provisions of this Act any work is required to be executed by the owner or occupier of any building or land and default is made in the execution of such work, the municipality, whether any penalty is or is not provided for such default, may, after giving reasonable notice to the owner or occupier and taking into consideration the objections, if any, made within the period specified in the notice, cause such work to be executed; and the expenses thereby incurred shall, unless otherwise expressly provided in this Act, be paid to it by the person by whom such work ought to have been executed, and shall be recoverable in the same manner as an amount claimed on account of any tax recoverable under Chapter IX either in one sum or by instalments as to the municipality may seem fit:

Provided that-

(a) where any drainage scheme or water-works scheme has been commenced by any municipality, it shall be lawful for the municipality, without prejudice to its powers under section 162 or any other provision of this Act to make a special agreement with the owner of any building or land as to the manner in which the drainage or water-connection thereof shall be carried out, and the pecuniary or other assistance, if any, which the municipality 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);

(b) where an order or requisition has been passed under sub-section (1) of section 147, sub-section (1) of section 149, sub-section (2) or (8) of section 155, or under sections 160, 162, 167 or 168 or where permission has been given under section 164, or where an arrangement has been made under proviso (a) of this sub-section, the municipality may without prejudice to any other powers under this Act, if it thinks fit, declare any expenses incurred by the municipality in the execution of such order or in the carrying out 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 municipality 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-sections (2) and (3).

(2) If the defaulter be the owner of the building or land the municipality 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 tax recoverable under Chapter IX; every such occupier shall be entitled to deduct from the rent payable by him to his landlord so much as has been so paid by or recovered from such 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 expense charged by this Act on the owner thereof, than the amount of rent which is due from such occupier for the building or land in respect of which such expenses are payable, at the time of 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 neglect or refuse, upon application made to him for that purpose by the municipality, 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.

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

If the occupier of any building or land prevents the owner thereof from carrying into effect in respect of such building or land any of the provisions of this Act, 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 and order in writing requiring such occupier to permit the owner to execute all such works, with respect to such building or land as may be necessary for carrying into effect the provisions of this Act, and may also, if he thinks fit, order the occupier 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 continue to refuse to permit such owner to execute any such work, such occupier shall for every day during which he so continued to refuse, be punished with fine which may extend to one hundred 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.

Liability of persons receiving rent as owners subject to availability of funds. A person who by reason of his receiving the rent of any land or building as agent or trustee for another person is an owner within the meaning of clause (18) of section 2 shall not be liable to do anything by this Act required to be done by the owner of such land or building which may involve expenditure on the part of such owner, unless he has funds of, or due to, the owner sufficient to pay for the same and shall not be subject to any penalty for omitting to do such act if he can prove that the default was occasioned by reason of his not having funds of, or due to, the owner sufficient to defray the expense of doing the act required and, where a notice, requisition or order was issued under this Act requiring the owner or occupier of the land or building to do any act as specified in the notice, requisition or order, if he can prove that he had soon after the service of the notice, requisition or order informed the authority issuing the notice, requisition or order that he had no funds of or due to the owner sufficient to defray the expense of doing the act required and forwarded the notice, requisition or, as the case may be, order to the owner.

[Repealed]

[Repealed]

[Repealed]

[Repealed]

[Repealed]