Power of appointment in whom to vest.

(1) The special measures to be taken and temporary regulations to be made by the Commissioner under section 319 may include any of the following matters, namely :— (a) the evacuation of an infected building used as a dwelling or of any part thereof by the person or persons residing whether habitually or temporarily therein, provided sufficient accommodation for all persons affected is available, or is proved elsewhere; (b) compulsory vaccination or preventive inoculation of person entering, resid­ing, in, or leaving specified areas; (c) the examination by a medical officer of persons and, if necessary, the disinfection of the clothing, bedding or other articels suspected of being infected belonging to persons either arriving from outside a specified area or residing in any building adjacent to any infected building in that area, the recording of the addresses of such perons, and the daily presentation of such persons for medical exmaination at a specified time and place, for a period not exceeding ten days; (d) the prohibition either generally, or by special order in any individual case, of assemblages consisting of any number of persons exceeding fifty, in any place, whether public or private, or in any circumstances; or for any purpose; (e) the closure for a period to be specified of any theatre, cinema-house or other place of entertainment; (f) the closure, by a written notice to the authorities in charge of a school, of such school for such period as is specified in the notice; (g) restrictions on the movements of persons exposed to infection from a dangerous disease or likely to infect other persons with any such disease; (h) restrictions on the export from, or import into, or transport within a specified area of any goods or articles exposed to, and likely to retain, infection from a dangerous disease or likely to infect persons with any such disease, or the destruction of any such goods or articles; (i) the examination, unloading and disinfection, if necessary, at any place within or outside the City, of any consignment of grain or other foodstuffs, cotton or clothing exported from, or imported into, the City by road or rail; (j) closure of all or any existing markets and bazaars and appointment of special places where markets or bazaars may be held. (2) When any regulation is in force, requiring compulsory vaccination or inoculation, any person who, or child in whose care, is sought to be vaccinated or inoculated in pursuance of the regulation may declare before a magistrate exercising not less than second class powers that the believes that such vaccination or inoculation will be injurious to his health or the health of the child, as the case may be, and the magistrate may, after giving notice to the Medical Officer of Health and after haring any representation made by him or on his behalf, exempt such person or child from vaccination or inoculation on condition that the person aforesaid and the members of his family submit to isolation of such description and for such period and to such further restrictions, if any, as may be directed by the magistrate. (3) The Commissioner may in his discretion give compensation to any person who sustains substantial loss by the destruction of any property under any provision of or any regulation made in accordance with this rule, but, except as allowed by the Commissioner, no claim for compensation shall lie for any loss or damage caused by the exercise of the powers specified therein. CHAPTER XV. Markets and Slaughter Houses. 1. (1) The Commissioner may — (a) define or determine the limits of any private market or declare what portions of such market shall be made part of the existing approaches, streets, passages and ways to and in such market; and (b) after hearing the owner or occupier of such market, by written notice require such owner or occupier to— (i) lay out, construct, alter, clear, widen, pave, drain and light, to the satis­faction of the Commissioner, such approaches, streets, passages and ways to or in such market; (ii) provide such conveniences for the use of persons resorting to such market; and (iii) provide adequate ventilation and lighting of the market-building or any portion thereof, including shops and stalls, as the Commissioner may think fit. (2) The Commissioner may, by written notice, require such owner or occupier to maintain in proper order the approaches, streets, passages and ways to and in such market and such other conveniences as are provided, for the use of persons resorting thereto. 2. The Commissioner may, by a written notice, require the owner, farmer or occupier of any private market or slaughter-house, to cause— (a) the whole or any portion of the floor of the market-building, market-place or slaughter-house to be raised or paved with dressed stone or other suitable material; (b) such drains to be made in or from the market-building, market-place or slaughter-house, of such materials, size and description, at such level and with such outfall, as to the Commissioner may appear necessary; (c) a supply of water to be provided for keeping such market-building, market-place or slaughter-house in a clean and wholesome state; (d) any shop, stall, shed, standing or other structure, in any private market to be altered or improved, in such manner as the Commissioner may consider necessary; (e) any privy, water-closet or urinal or any other sanitary arrangement to be constructed or made at such site and in such manner as the Commissioner may deem necessary and expedient; and (f) any other measures to be taken necessary, in his opinion in the interest of public health or sanitation. CHAPTER XVI. Transport Undertaking. Fares and Charges. 1. A printed list of all the fares and charges levied for the time being in such language or languages as the Corporation may from time to time specify in this behalf shall be exhibited in a conspicious place inside each vehicle used by the Transport Undertaking for the conveyance of the public. 2. The fares and charges shall be paid to such persons, at such places upon or near the prescribed route of the transport service, and in such manner and under such regulations, as the Transport Committee shall, by notice to be annexed to the list of fares, prescribed. CHAPTER XVII. Vital Statistics. Forms of Certificate of Death. For the purpose of section 369 the Commissioner shall provide printed forms of the certificates of death and any duly qualified medical practitioner resident in the City shall be supplied, on application, with such forms free of charge. CHAPTER XVIII Articles for keeping which and trades and occupations Part I Articles which shall not be kept without a licence in or upon any premises. Dynamite. Blasting Powder. Fulminate of mercury. Gun-cotton. Nitro-glycerine. Phosphorus. Part II Articles which shall not be kept without a licence, in or upon any premises in quantities exceeding at any one time the maximum quantities hereunder set opposite such article respectively:— Articles Maximum quantity which may be kept, at any one time without a licence. Bidi leaves ... ... 4 cwts. Camphor ... ... 1/2 cwt. } Celluloid ... ... 4 cwts. Celluloid goods ... ... Cinematograph films ... ... 20 lbs. Copra ... ... 4 cwts. Cotton refuse and waste ... ... 4 cwts. Cotton seed ... ... 12 cwts. Dry leaves (Patravali, etc.) ... ... 4 cwts. Gun-powder ... ... 5 lbs. Matches for lighting ... ... 5 gross boxes. Methylated spirit and Denatured spirit ... 10 gallons. Paints ... ... 5 cwts. } Old paper (waste) including old newspapers, ... 4 cwts. periodicals, magazines, etc. kept for sale or for other than domestic use. Petroleum as defined in the Petroleum Act, 1934 10 gallons. Oil (other sorts) ... ... 20 gallons. “Oil-seeds” other than cotton seed ... 1 ton. Sulphur ... ... 1/2 cwt. Tar, pitch, dammer or bitumen ... ... 1/2 cwt. Turpentine ... ... 10 gallons. Varnish ... ... 40 cwts. Part III Articles which shall not be kept without a licence for sale or for other than domestic use in or upon any premises irrespective of the quantity kept at any one time or in quantities exceeding at any one time the maximum quantities hereunder set opposite such article respectively:— Articles Maximum quantity, if any, which may be kept at any one time without a licence. Bamboos ... ... 10 cwts. Bones ... ... Coconut fibre ... ... Charcoal ... ... Coal ... ... Coke ... ... Fat ... ... Firewood ... ... Fireworks ... ... Fish (dried) ... ... 10 cwts. Grass (dry) ... ... Gunny bags ... ... Hair ... ... Hay and fodder ... ... Hemp ... ... Hessian cloth (Gunny bag cloth) ... Hides (dried) ... ... Hides (raw) ... ... Hoofs ... ... Horns ... ... Khokas or wooden boxes or barrels ... (manufacturing and storing) ... Rags ... ... 10 cwts. Skins ... ... Timber ... ... Wool (raw) ... ... 3 cwts. Part IV Trades or operations connected with trade which shall not be carried on in or upon any premises without a Licence. Baking or preparing for human consumption (for other than domestic use) bread, biscuits or other articles made of flour. Casting metals. Condiments manufacturing. Dyeing cloth or yarn, in indigo or other colour. Electro-plating. Keeping of eating-houses. Keeping of sweetmeat shops except in premises already licenced as an eating-house. Keeping of hair dressing saloons or barbers’ shops. Tanning, pressing or packing hides or skins whether raw or dried. Manufacturing, packing, pressing, cleaning, cleansing, melting or preparing by any process whatever any of the following articles :— Aerated water. Bones. Bricks or tiles. Catgut. Cotton or cotton refuse or cotton seed. Compressed coal. Dammer. Dynamite. Fat. Fireworks. Ice, ice candies, ice fruit, or ice cream. Lime. Matches for lighting. Paper. Rubber goods. Snuff. Soap. Sugar, sugar candy. Tar. Vegetable oil. CHAPTER XIX. Penalties. 1. Whoever— (a) contravenes any provision of any of the rules, sub-rules and clauses mentioned in the first column of the following table or any regulation made thereunder; or (b) fails to comply with any requisition lawfully made upon him under any of the said rules, sub-rules or clauses, shall be punished, for each such offence, with fine which may extend to the amount mentioned in that behalf in the second column of the said table. Rule, sub-rule or clause. Fine which may be imposed. Chapter VIII. 1,2 (2), 5, 25 … Fifty rupees. Chapter IX 2 (3), 2 (4), 4,9 (2), 11 (1), 14 (1),15, Fifty rupees. 17 (1), 18, 19 (2), 19 (3)1 (1),2 (1), 5 (a), 6, 10, 17 (2) One hundred rupees.2, 7 (1), 7 (2), 8, 12, 13, 16, 19 (1), 19 (4) Two hundred rupees. Rule, sub-rule or clause. Fine which may be imposed.Chapter X.3 (1), 6, 7, 11 (2), 18 (2) … Fifty rupees.2 (2),2 (3), 8 (1), 13, 14 … One hundred rupees.2 (1), 3 (1), 18 (1) … Two hundred rupees. Chapter XI.288 (1) (e), 288 (2) Twenty rupees.Chapter XII12 (1),12 (2), 12 (3) … Ten rupees.8 (2), 13 … Fifty rupees.8 (1) … One hundred rupees.11 … Two hundred rupees.10 … Five hundred rupees.6 (1) … One thousand rupees. Chapter XIV 1, 2, 13 (1), 13 (2), 32 (2) Twenty rupees. 3, 5 (1),7, 10, 11 (1), 11 (2), 14, 17, 18 (1), Fifty rupees.21 (1), 24, 28 (1), 34 (2), 41, 48 (1), 48 (2), 48 (3), 48 (4). 8, 18 (2), 22 (1), 23, 33 (1), 35 (2), 35 (3), One hundred rupees.36, 38 (2), 39 (1), 39 (2), 39 (4), 40, 44, 45, 46 (2), 49 (1), 42 (1), 42 (2), 50, 51 (1) 12, 15, 29 (1), 34 (2), 46 (1), 52 (1), 52 (2) Two hundred rupees. 16 (1), 16 (2), 27 (1), 47 Two hundred and Fifty ruppes. 20, 29 (2), 31, 39 (3), 43(1), 43(3), Five hundred rupees.44 (2), 44 (3), 25 (3) One thousand rupees. Chapter XV Rule, sub-rule or clause. Daily fine which may be imposed. 1 (1), (b), 1 (2), 2 Two hundred rupees. 2. Whoever, after being convicted of— (a) contravening any provision of any of the rules, sub-rules and clauses mentioned in the first column of the following table or any regulation made thereunder; or (b) failing to comply with any requisition lawfully made upon him under any of the said sections, sub-sections or clauses, continues to contravene the said provisions or to neglect to comply with the said requisition, or fails to remove or rectify any work or thing done in contravention of the said provision, as the case may be, shall be punished, for each day that he continues so to offend, with fine which may extend to the amount mentioned in that behalf in the second column of the said table. Rule, sub-rule or clause. Daily fine which may be imposed. Chapter IX. 2(3), 2(4), 4, 9(2), 11(1), 14(1), 15, 17(1) … Five rupees. 1(1), 2(1), 3, 5(a), 6, 10, 17(2), 18, 19(2), 19(3) Ten rupees. 12,13 … … … Twenty rupees. 7(1), 7(2), 19(1), 19(4) … … Fifty rupees. Rule, sub-rule or clause. Fine which may be imposed.Chapter X. 7, 11, (2), 18(2) … … … Five rupees. 6, 8(1) … … … … Ten rupees. 18(1) … … … Fifty rupees. Chapter XI. 288(1)(e), 288(2)(b) … … … Five rupees. Chapter XII. 12(2), 12(3) … … … Five rupees. 8(2), 13 … … … … Ten rupees. 8(1) … … … … Twenty rupees. 6(1), 10 … … … … One hundred rupees. Chapter XIV. 7, 8, 13(1), 13(2), 21(1), 32(2) … … Five rupees. 1,2,3,5(1), 8, 14, 17, 18(1), 28(1) … … Ten rupees. 11(1), 11(2), 15, 22(1) … … … Fifteen rupees. 12, 16(2), 18(2), 23, 24 … … Twenty rupees. 29(1), 40, 45, 47 … … … Fifty rupees. 20, 27(1), 29(2), 31 … … … One hundred rupees. 25(3) … … …` Five hundred rupees. Chapter XV. 2 … … … … … Fifty rupees. FORMS FORM A. (See Chapter I, rule 9). Nomination Paper. Name and the number of the ward … Name of candidate … … … Father’s name … … … Husband’s name … … … Age … … … Address … … … Ward in the election roll of which the name of candidate is included. … … Number of the candidate in the ward election roll. … … … H-2002–35 Community and caste (only to be filled in by 1[member of a Scheduled Caste] candidate when election includes seat reserved for 2[ members of the Scheduled Castes.] … Name of the proposer. … … Number of the proposer in the election roll of the ward. … Signature of the proposer. … … Name of the Seconder. … Number of the seconder in the election roll of the ward. … … … Signature of the seconder. … … Declaration by candidate. I hereby declare that I agree to this nomination. Date (Signature of candidate.) ( To be filled in by the Commissioner. ) Certificate of Delivery. Serial No. This nomination paper was delivered to me at my office at (date and hour). ( Signature of the Commissioner.) FORM B. (See Chapter I, rule 25.) Form of Ballot Paper. Form of Front of Ballot Paper. Counterfoil Outerfoil. Serial No. Front Ward .........................................................Name and Symbol Cross of Candidate Name or number of polling Station .............................................................. Number of elector on election roll ................................................................................. Signature or thumb-impression of elector .................................................................... Note.—It is considered important that the whole of the outerfoil of the ballot paper should be taken up by the cage containing the names and symbols of candidates and spaces for recording votes. Back of Outerfoil. Instructions. 1. You have vote(s). 2. The vote is to be shown by a cross mark (×). Each mark means one vote. 3. Do not put more than one cross against the name of any one candidate. 4. Do not put more than cross(es) in all on the paper. Serial No. FORM C. (See Chapter I, rule 26.) Tendered Votes List. Polling Station. Name of ward. Name of elector. Number Number Signature on election of votes or thumb roll. recorded. impression of elector. FORM D. (See Chapter I, rule 27.) List of Challenged Votes. Signature Sheet No. Number Name. Signature of Name of on election elector, if literate identifier, roll. or thumb-impre- any. ssion of elector, if illiterate. Order of Presiding Officer (in each case). FORM E. (See Chapter I, rule 29). Certificate entitling a presiding officer, polling officer or polling agent to vote at the polling station where he is appointed for duty. A B being duly registered as elector No. on the election roll Presiding officer of the Ward and being duly appointed for duty as Polling officer Polling agent at polling station is entitled to record his vote at polling station. Dated Municipal Commissioner for the City of ------------------------------------------------------------------------------------ that should of unused of Ballot Account of used ballot papers Balance Number Number Total number of Total number Total Used for the votes of Tendered Spoilt be in ballot boxes electors for the of ballot number polling and presiding ballot ballot ballot papers used 1 2 3 4 5 6 7 8 9 Column 4.— Total of the counterfoils of ballot papers used by the presiding and polling officers and polling agents entitled to vote at another polling station. polling station papers of ballot officers and polling papers papers box Column 6.— Total of the counterfoils marked cancelled (rule 28) checked with the total number of spoilt ballot papers with the presiding officer. Column 5.— Total of the counterfoils of tendered votes; these counterfoils will be blank; the total in form C must tally with this total. Form of Statement to accompany Returns of Presiding Officers. as shown on entrusted to papers agents entitled to (rule 26). (rule 28). (See Chapter I, rule 31.) FORM F. Column 2.— Give total number of ballot papers received by you from the Commissioner. Column 7.— Deduct from total in column 3 the sum of the totals in columns 4, 5 and 6. Column 3.— Count the counterfoils of the issued ballot papers and enter that number. Column 1.— Give total of the names on the election roll for your polling station. election roll. presiding used. vote at another officer. polling station (rule 29). Column 8.— Count unused ballot papers and enter this total. Name of Polling Station Name of Ward FORM G. (See Chapter VIII, rule 41.) Form of Notice of Demand. To A. B., residing at . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Take notice that the Municipal Commissioner for the City of . . . . . . . demands from (you) the sum of . . . . . . . . . . . . . . . . . . . . . . . . due from (you) on account of ( here describe the premises, vehicles, animal, occupation or thing on account of which the tax is leviable ) 1[ for the year (or half year) ] commencing (or ending) on the . . . . . . . . . . . . . . . . . . . . day of. . . . .. . . . . . . 200. . . . . . . . . . . . . ; and that if the said sum is not paid into the municipal office at . . . . . . . . . . . . . . . . . . . . , or if sufficient cause for non-payment of the sum is not shown to the satisfaction of the Commissioner within fifteen days from the service of this notice, a warrant of distress or attachment will be issued for the recovery of the same, with costs. dated this day of 200 . (Signed) Municipal Commissioner for the City of FORM H. (See Chapter VIII, rule 42.) Form of Warrant of Distress or Attachment. To (here insert the name of the officer charged with the execution of the Warrant). Whereas A. B., of . . . . . . . . . . .. . . . . ., has not paid, or shown sufficient cause to my satisfaction for the non-payment of, the sum of . . . . . . . . . . . . . due for the tax* mentioned in the margin 1[for the year ( or half year ) ] commencing (or terminating ) on the . . . . . . . . . .. . . . . . . day of . . . . . . . . .. 20 . . . . . . . . . . . ; although the said sum has been duly demanded in writing from the said A. B., and fifteen days have elapsed since the service of the notice of demand ; distrain the moveable property This is command you to -----------------------------------------of the said A. B. attach any property (or as the case may be, any moveable property on the premises in respect of which the said tax is due) to the amount of the said sum of . . . . . . . . . .. and such further sum as may be sufficient to defray the cost of recovering the said amount ; and forthwith to certify to me together with this warrant all Property attachedparticulars of the---------------------------------------- by you thereunder. moveable property distrained Dated this day of 20 . (Signed) Municipal Commissioner for the City of FORM I (See Chapter VIII, rules 46 and 49) To A. B. residing at.................................................................................................................... Take notice that I have this day seized the moveable property specified in the inventory beneath this, for the sam of ...................due for the tax* mentioned in the margin 1[ for the year (or half year)] commencing (or terminating) on the .......................day of.......................20 ; and that unless you pay into the municipal office at............................................................ ..the amount due, together with the costs of recovery, within five days from the day of the date of this notice, the moveable property will be sold. Dated this day of 20 . (Signature of the officer executing the warrant) Inventory. (Here state particulars of the moveable property seized.) H-2002–36 Validity and date of operation of certain orders. 1. So soon as may be after a compulsory acquisiition order or a clearance order has been confirmed by the State Government, the Commissioner shall publish simultaneously in the Official Gazette and in three or more newspapers Circulating within the city, a notice stating that the order has been confirmed, and naming a place where a copy of the order as confirmed and of the plan referred to therein may be seen at all reasonable hours. 2. Any person aggrieved by such an order as aforesaid, or by the State Government’s approval of a re-development plan or of a new plan may, within six weeks after the publication of notice of confirmation of the order, or of the approval of the plan, prefer an appeal in the City of Ahmedabad to a Judge of the City Civil Court, Ahmedabad and elsewhere of the District Court whose decision shall be final. 3. Where any such appeal is duly made, the Court (i) May by interim order suspend the operation of the order or the approval of the plan, either generally or in so far as it affects any property of the appellant until the final determination of the appeal; and (ii) if satisfied upon hearing of the appeal that the order or the approval of the plan, is not within the powers of this Act or that the interests of the appellant have been substantially prejudiced by any requirment of this Act not having been complied with, may quash the order, or the approval of the plan, either generally or in so far as it affects any property of the appellant. 4. Subject to the provisions of the last preceding clause the order, or the approval of the plan, shall become operative at the expiration of six weeks from the date on which notic of confirmation of the order or of the approval of the plan is published in accordance with the provisions of this Act. 5. So soon as may be after a compulsory acquisition order or a clearance order has become operative the Commissioner shall serve a copy thereof on every person on whom a notice was served by him of his intention to submit the order to the State Government for confirmation. SCHEDULE C. Compulsory acquisition orders. 1. A compulsory acquisition order shall describe by reference to a plan the land to which it applies. 2. Before submitting the order to the State Government, the Commissioner shall (a) publish simultaneously in the Official Gazette and in three or more newspapers circulating within the City, a notice stating the fact of such an order having been made and describing the area comprised therein and naming a place where a copy of the order and of the paln referred to therein may be seen at all reasonable hours; and (b) serve on every person whose name appears in the Commissioner’s assessment book as primarily liable for the payment of the property taxes leviable under this Act on any land or building to which the order relates a notice stating the effect of the order and that it is about to be submitted to the State Government for confirmation and specifying the time (being not less than twenty-one days) within which objections thereto can be made to the Commissioner. 3. Upon compliance with the foregoing Provisions with respect to the publication and service of notices of the compulsory acquisition order, the Commissioner shall submit to the Standing Committee any objections received under clause 2 of this Schedule and any suggestions he may wish to make in that respect. 4. The Standing Committee shall after consideration of any such objections and suggestions make such modifications in respect of the order as it may think fit and the Com­missioner shall thereafter submit the order as modified by the Standing Committee to the State Government for confirmation. SCHEDULE D. (See section 284-O.) Constitution and powers of compensation tribunal. 1. (1) The Tribunal shall consist of a President and two assessors. (2) The President of the Tribunal shall be such Judge of a Court as may, after con­sultation with the High Court, be selected by the State Government. (3) The assessors shall be appointed by the State Government. (4) Each assessor of the Tribunal shall receive such remuneration as the State Govern­ment may determine. The remuneration shall be paid by the Corporation to the President of the Tribunal for distribution. 2. (1) The State Government may, by notification in the Offical Gazette, make rules, not inconsistent with the Code of Civil Procedure, 1908, for the conduct of business by Tribunals established under this Act. (2) All such rules shall be subject to the conditions of previous publication. 3. (1) For the purpose of determining the award to be made by the Tribunal under the Land Acquisition Act (a) if there be any disagreement as to the measurement of land or the amount of compensation or costs to be allowed or the determination of betterment charges, the opinion of the majority of the members of the Tribunal shall prevail; (b) questions relating to the determination of the persons to whom the compensation is payable, or the apportionment of compensation, may be tried and decided in the absence of the assessors, if the President of the Tribunal considers their presence unnecessary; and, when so tried and decided, the decision of the President shall be deemed to be the decision of the Tribunal; (c) notwithstanding anything contained in the foregoing clauses (a) and (b), the decisions on all questions of law and procedure shall rest solely with the President of the Tribunal. (2) The President of the Tribunal. may by the same means and (so far as may be )in the same manner as is provided in the case of a Civil Court under the Code of Civil Procedure, 1908 obtain proof of facts by affidavits, summons, witnesses and enforce their attendance, compel the production of documents and issue commissions for the examination of witnesses. (3) Proceedings before the Tribunal shall be deemed to be the judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code.] ---------------- PRINTED AT THE GOVERNMENT PRESS, VADODARA.