section 275
(1) Power to make by-laws. (a) Markets and slaughter-houses, etc. (b) Licensing, regulating and inspecting certain
The Gujarat Municipalities Act, 1963Chapter XVIII MISCELLANEOUS PROVISIONS.
(1) Power to make by-laws. (a) Markets and slaughter-houses, etc. (b) Licensing, regulating and inspecting certain businesses. (c) Use of steam whistles, etc. (d) Pilgrims lodging houses. (e) Stalling of cattle, etc. (f) Milk shops. (g) (i) For regulation on dairies and cattle-sheds. (ii) Milk stores, etc. (h) Registration of births, etc. (i) Regulating the disposal of the dead. (j) For enforcing supply of information as to epidemics. (k) For enforcing supply of information as to liability to municipal taxation. (l) [Deleted.] (m) For protecting water. (n) Supply of water. (o) Public baths, etc. (p) Conservancy. (q) Temporary structures and buildings. (r) Buildings. (s) Streets. (t) Ventilation. (u) For requiring lighting stair-cases, etc., at night. (v) Qualified surveyors. (w) Drains. (x) Requiring information and plans in certain cases. (y) Controlling unwieldy traffic. (z) Public parks. (dd) General regulation. Fine may be imposed for infringement of bye-laws. (3) Publication of drafts of proposed bye-laws. (5) Objections and suggestions to be submitted to Central or State Government. (1) A municipality may from time to time, make, alter or rescind by-laws not inconsistent with this Act-
(a) for the regulation and inspection of markets and slaughter houses and all places used by or for animals which are for sale or hire, or the produce of which is sold, and for the proper and cleanly conduct of business therein; and for fixing the rents and other charges to be levied for the use of any of them which belong to the municipality, for regulating the sale of fruit and vegetables in the municipal market or other specified places;
(b) prescribing the conditions on or subject to which and the circumstances in which and the areas or localities in respect of which licences may be granted, refused, suspended or withdrawn for the use of any place not belonging to the municipality-
(i) as a slaughter-house;
(ii) for the manufacture, preparation, storing, sale or supply for the purpose of trade of any article or thing intended for human food or drink, whether such food or drink is to be consumed in such place or not;
(iii) for any of the purposes mentioned in sub-section (1) of section 221; and providing for the inspection and regulation of the conduct of business in any place used as aforesaid, so as to secure cleanliness therein or to minimise any injurious, offensive or dangerous effect arising or likely to arise therefrom;
(c) prescribing the conditions on or subject to which and the circumstances in which and the areas or localities in respect of which licences may be granted, refused, suspended or withdrawn for the use of whistles and trumpets operated by steam or mechanical means in factories or other places for the purpose of summoning or dismissing workmen or persons employed;
(d) prescribing the conditions on or subject to which and the circumstances in which and the areas or localities in respect of which licences may be granted, refused, suspended or withdrawn for the use of any place or building for the purpose of lodging pilgrims, and providing lor the inspection and regulation of such places or buildings;
(e) prohibiting the stalling or herding of horses, camels, cattle donkeys, sheep or goats otherwise than in accordance with such regulations prescribed in such bye-laws in regard to the number thereof, and the places to be used for the purpose, as may be necessary to prevent danger to the public health;
(f) prescribing the conditions on which sweet-meats, milk, butter or other milk products may be sold and on which licences may be granted, refused, suspended, or withdrawn for carrying on the trade or business of 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, (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 Central Government, make, alter or rescind bye-laws but not so as to render them inconsistent with this Act, for the taking of a census within the municipal borough and for enforcing the supply of such information as may be necessary to make such census effective.
(3) A municipality shall, before making any bye-law under this section, publish in such manner as shall in its opinion be sufficient, for the information of the persons likely to be affected thereby, a draft of the proposed bye-law, together, with a notice specifying a date on or after which the draft will be taken into consideration; and shall, before making the by-law, receive and consider any objection or suggestion with respect to the draft which may be made in writing by any person before the date so specified.
(4) No bye-law, or alteration or rescission of a bye-law made under sub-section (1) shall have effect unless and until it has been sanctioned by the State Government.
(5) When any bye-law made by a municipality is submitted to the Central Government or the State Government for sanction, a copy of the notice published and of every objection or suggestion received under the provision of sub-section (3), shall be submitted for the information of that Government along with the said bye-law.
(6) Every bye-law, or alteration or rescission of a bye-law made under this section shall as soon as it is sanctioned by the State Government or, as the case may be, the Central Government, be published in such manner as shall in the opinion of the Municipality be sufficient, for the information of the persons likely to be affected thereby.
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