Municipalities to make rules

Municipalities to make rules. (c) Defining the functions of the President and others. (d) Establishment. (e) General guidance of municipal servants. (f) Amount of security. (g) Mode of appointing, etc., municipal servants. (h) Leave to municipal servants. (i) Pensions, etc. (j) Provident funds. (l) Prescribing taxes. (m) Writing off amounts due. (a) Approval required to rules. (b) Officers transferred from or to the service of the Government. (c) Notice required in certain cases of dismissal. municipality shall make rules not inconsistent with this Act and the rules or orders made by the State Government under this Act, and may from time to time alter or rescind them-

(a) regulating the conduct of its business and the delegation of any of its powers or duties to any committee or to the chief officer or subject to the provisions of section 54 the powers or duties of any committee to any other committee or to the chief officer and the appointment and constitution of committees under section 55;

(b) prescribing the limitations and restrictions subject to which the Pilgrim committee shall exercise the powers and perform the duties of the municipality in respect of the Pilgrim Fund;

(c) determining the executive functions to be performed by the president, vice-President and the Chairman of any committee;

(d) determining the staff of officers and servants to be employed by the municipality and their powers and duties:

(e) generally for the guidance of its officers and servants in all matters relating to the municipal administration;

(f) fixing the amount and nature of the security to be furnished by any officer or servant from whom it may be deemed expedient to require security;

(g) determining subject to the limitations imposed by sections 47 and 50 the mode and conditions of appointing, punishing, or dismissing any officer or servant; and delegating to officers designated in the rules the power to appoint, fine, reduce, suspend or dismiss any officer or servant;

(h) regulating the grant of leave to its officers or servants, and fixing the remuneration to be paid to the persons, if any, appointed to act for them whilst on leave;

(i) regulating the period of service of its officers and servants and determining the conditions under which such officers and servants or any of them shall receive pensions, gratuities or compassionate allowances on retirement or discharge from service or on their becoming disabled through the execution of their duty, and the amount of such pensions, gratuities or compassionate allowances; and prescribing the conditions under which any gratuities or compassionate allowances may be paid to the surviving relatives of any such officers or servants whose death has been caused through the execution of their duty;

(j) authorizing the payment of contributions at such rates and subject to such conditions as may be prescribed in such rules, to any pension or provident fund which may be established by the municipality or, with the approval of the municipality, by its officers and servants;

(k) enabling such officers or servants who are subscribers to any provident fund to exercise the option of joining any pension fund established as aforesaid, either retrospectively or prospectively, on such terms and conditions as may be specified in the rules and providing for the manner in which the amount of contributions made to the provident fund by such officers or servants and the municipality and standing to the credit of such officers or servants on the date on which the option is exercised shall be dealt with;

(l) prescribing the taxes to be levied in the municipal borough for municipal purposes, the circumstances in which exemption will be allowed, the limits of the charges or payments to be fixed in lieu of any tax under section 119, the fees to be charged for licences or permissions granted under section 118 and for giving copies and stamping weights and measures; the fees for notices demanding payments due on account of any tax and for the issue and execution of warrants of distress and the rates to be charged for maintaining any live-stock distrained; and the time at which and the mode in which such taxes, charges, payments, fees or rates shall be levied or recovered or be payable and the persons authorised to receive payment of the same and the manner in which auctions of moveable and immovable property under section 134 shall be held;

(m) prescribing the conditions subject to which sums due on account of any tax or of costs in recovering any tax may be written off as irrecoverable and the conditions subject to which the whole or part of any fee chargeable for distress may be remitted by the executive committee :

Provided that-

(a) no rule or alteration or rescission of a rule made under this section shall have effect unless and until it has been approved by the State Government;

(b) if an officer serving or having served under a municipality has been, or is, transferred from or to the service of the Government or is partly employed by the Government and partly by a municipality, the municipality shall make such contributions to his pension and leave allowances as may be required by the conditions of his service under the Government, to be made by him or on his behalf;

(c) a municipality shall not, unless with the assent of the Government dispense with the services of any officer transferred from the service of the Government to the service of the municipality or employed partly by the Government and partly by the municipality, or finally dismiss from the service of the municipality any officer transferred from the service of the municipality, to the service of the Government without giving the Government six months' previous notice. a dealer in, or importer or seller of, sweet-meats, milk, butter or other milk products, or for the use, for purposes of trade, of any place for stabling milch cattle, for storing or selling milk, storing or selling butter or other milk products;

(g) (i) for the inspection of milch cattle; and prescribing and regulating the construction, dimensions, ventilation, lighting, cleansing, drainage and water supply of dairies and cattle-sheds in the occupation of persons following the trade of dairy-men or milk-sellers ;

(ii) for securing the cleanliness of milk-stores, milk-shops and vessels used by milk-sellers or buttermen for milk or butter;

(h) for the registration of births, deaths, and marriages within the municipal borough and for enforcing the supply of such information as may be necessary to make such registration effective ;

(i) regulating the disposal of the dead and the maintenance of all places for the disposal of the dead in good order and in a safe sanitary condition, due regard being had to the religious usages of the community or section of the community entitled to the use of such places for the disposal of the dead;

(j) for enforcing the supply of information as to any cases of dangerous disease, and carrying out the provisions of section 214 and 215;

(k) for enforcing the supply of such information by inhabitants of the municipal borough as may be necessary to ascertain their respective liabilities to any tax imposed therein

(m) for conserving and preventing injury to sources and means of water supply and appliances for the distribution of water whether within or without the limits of the municipal borough, and regulating all matters and things connected with the supply and use of water and the turning on or turning off and preventing the waste of water, and the construction, maintenance, and control of municipal water-works and of pipes and fittings in connection therewith whether the property of the municipality or not;

Explanation —Sources and means of water supply shall include private wells which are used by the public ;

(n) for securing an adequate supply of pure water to persons occupying residential premises;

(o) regulating the use of public bathing and washing places within the municipal borough ,

(p) regulating sanitation and conservancy and the disposal of the carcasses of dead animals ,

(q) regulating the conditions on which permission may be given for the temporary occupation of, or the erection of temporary structures, on public streets or for projections over public streets ,

(r) regulating the structure and dimensions of plinths, walls, foundations, roofs and chimneys of new buildings for the purpose of securing stability and the prevention of fires, and for purposes of health, and determining the purposes for which existing or newly erected buildings may be used in any area;

(s) for preventing the erection of buildings without adequate provision being made for the location and laying out of streets; and for the payment of compensation in such cases when necessary ;

(t) for ensuring the adequate ventilation of buildings by the provision and maintenance of sufficient open space either internal or external and of doors and windows and other means for securing a free circulation of air;

(u) for requiring an owner of a building divided into two or more separate tenements to provide adequate means of lighting at night time a staircase, passage or private court of or in any such building or the spaces near or leading to latrines or urinals or washing places therein and of extinguishing such lights ;

(v) prescribing the qualifications of surveyors or persons by whom plans required under section 155 are to be prepared, or of plumbers; for licensing persons to be surveyors or plumbers and, fixing the fees chargeable for such licences; and for modifying the provisions of or revoking such licences; and prohibiting any alterations or repairs or fittings to water or drainage pipes or house connections being carried out or made except by such persons :

(w) regulating, in any other particular not specifically provided for in this Act, the construction, maintenance and control of drains, sewers, ventilation, shafts, receptacles for dung and manure, cesspools, water closets, privies, latrines, urinals and drainage or sewerage works of every description whether the property of the municipality or not;

(x) determining the information and plans to be required by the municipality under sections 149 and 155 :

(y) prohibiting vehicular traffic in any particular street, so as to prevent danger, obstruction or inconvenience to the public, by fixing up post at both ends of such street or portion of such street, prohibiting the transit of any vehicles of such form, construction, weight or size or laden with such heavy or unweildy objects as may be deemed likely to cause injury to the roadways or to any construction thereon, or risk or obstruction to other vehicles or to pedestrians along or over any street, except under such conditions as to time, mode of traction or locomotion, use of appliance for protection of the roadway, number or lights and assistants, and other general precautions as may be prescribed either generally in such bye-laws or in special licences to be granted in each case upon such terms as to time of application and payment of fees therefor as may be prescribed in such bye-laws:

Provided that no such bye-laws relating only to any particular street or portion of a street shall be deemed to be in force, unless and until notices of such prohibition shall have been posted up by the municipality in conspicuous places; at or near both ends of such street or portion of a street;

(z) securing the protection of public parks, gardens and open spaces, vested in or under the control of the municipality, from injury or misuse, regulating their management and the manner in which they may be used by the public, and providing for the proper behaviour of persons in them;

(aa) prescribing the conditions on or subject to which licences may be granted, refused, suspended or withdrawn for, the use of hand-carts, and hand-barrows, other than those plying for the hire in respect of which licences have been granted under the Bombay Public Conveyances Act, 1920, and providing for the seizure and detention of any hand-carts or hand-barrows which have not been duly licensed in pursuance of the bye-laws made under this section;

(bb) prescribing the conditions on or subject to which licences may be granted, refused, suspended or withdrawn for hawking or exposing for sale in any public place or street any article whatsoever, whether it be for human consumption or not:

(cc) prescribing the conditions on or subject to which permission may be granted, renewed, refused suspended or withdrawn for erecting, exhibiting, fixing or retaining any sky-sign or advertisement, over any land building or structure;

Explanation.-The expression "sky-sign" shall mean any word, letter, model, sign, device or representation in the nature of an advertisement, announcement or direction, supported on or attached to any post, pole, standard, framework or other support, wholly or in part upon or over any land, building, or structure which, or any part of which sky-sign, shall be visible-against the sky from some point in any street and includes all and every part of any such post, pole, standard, frame-work, or other support. The expression "sky-sign" shall also include any balloon, parachute or other similar device employed wholly or in part for the purposes of any advertisement, announcement or direction upon or over any land, building or structure or upon or over any street, but shall not include-

(a) any flag staff, pole, vane or weather-cock, unless adapted or used wholy or in part for the purpose of any advertisement, announcement or direction :

(b) any sign, or board, frame or other contrivance securely fixed to or on the top of the wall or parapet of any building, or on the cornice or blocking course of any wall, or to the ridge of a roof:

Provided that such board, frame or other contrivance be of one continuous face and not open work, and do not extend in height more than three feet above any part of the wall, parapet or ridge to, against, or on which it is fixed or supported;

(c) any word, letter, model, sign, device or representation as aforesaid, relating exclusively to the business of a railway company, and placed wholly upon or over any railway, railway station, yard, platform or station approach, belonging to a railway company, and so placed that it cannot fall into any street or public place;

(d) any notice of land or building to be sold or let, placed upon such land or building;

(dd) generally for the regulation of all matters relating to municipal administration;

and the municipality may with the like sanction, prescribe a fine not exceeding five hundred rupees for every infringement of any such bye-law.

(2) A municipality may, from time to time, with the previous sanction of the