Chapter XXI POWERS, PROCEDURE, OFFENCES AND PENALTIES

1. (a) the date of the grant thereof;
2. (b) the purpose and the period, if any, for which it is granted;
3. (c) restrictions or conditions, if any, subj ect to which it is granted;
4. (d) the name and address of the person to whom it is granted; and
5. (e) the fee, if any, paid for the licence or written permission.

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1. (2) Except as otherwise provided in this Act or any bye-law made

1. (3) Save as otherwise provided in this Act or any bye-law made

granted:

Provided that-

1. (a) before making any order of suspension or revocation,

1. (b) every such order shall contain a brief statement of the reasons

for the suspension or revocation of the licence or the written

perrmssion.

1. (4) When any such licence or written permission is suspended or revoked or when the period for which the same was granted has expired, the grantee

1. (5) Every grantee of any licence or written permission granted under

1. (a) for the purpose of ascertaining whether there is or has been on or

1. (b) for the purpose of ascertaining whether or not circumstances

Power to enter

land, adjoining

land in relation to

any work.

Breaking into

building.

1. (c) for the purpose of taking any action or executing any work

authorised or required by this Act or any bye-law made thereunder;

1. (d) to make any inquiry, inspection, examination, measurement,

1. (e) generally for the purpose of efficient discharge of the functions

by any of the municipal authorities under this Act or any bye law

made thereunder.

1. (2) The person so authorised shall, before entering on any such land

1. (3) The person so authorised shall, in exercising any power conferred

Act to make any entry into any place, and to open or cause to be opened any door, gate or other barrier-

1. (a) ifhe considers the opening thereof necessary for the purpose of such entry; and
2. (b) if the owner or occupier is absent or being present, refuses to open such door, gate or barrier.

1. (2) Before making any entry into any place as specified under sub- section (1) or opening or causing to be opened any such door, gate or other barrier,

writing to them or any of them so to do.

1. (3) A report shall be made to the Corporation as soon as may be after

1994 : Hr. Act 161MUNICIPAL CORPORATION

no entry authorised by or under this Act shall be made except between the hours ofentry. sunrise and sunset.

no land or building shall be entered into without the consent of the occupier, or ifto be obtained. there is no occupier, or the owner thereof, and no such entry shall be made without giving the said owner or occupier, as the case may be, not less than twenty-four hours written notice of the intention to make such entry: Provided that no such notice shall be necessary if the place to be inspected is a factory, workshop or trade premises or a place used for any of the purposes specified in section 331 or a stable for horses or a shed for cattle or a latrine or urinal or a work under construction or for the purpose of ascertaining whether any animal intended for human food is slaughtered in that placeIII contravention of this Act or any bye-law made thereunder.

withdrawing. Regard to be had to social or religious usages.

by or under this Act or any person with whom the Corporation or the Commissionerobstruction or molestation in has lawfully contracted, in the execution of his duty or of anything which he isexecution of work. authorised or empowered or required to do by virtue or in consequence of any of the provisions of this Act or any bye-law made thereunder, or in fulfillment of his contract, as the case may be.

known in the locality to be affected thereby, by affixing copies thereof in conspicuous

Public notice how to be made known.

Newspaper in

which advertisement of notices to be published.

Proof of consent etc. of Commissioner, etc. Notices etc. to fix reasonable time. Signature on notices etc. may be stamped. Notice etc. by whom to be served or issued. Serving of notice etc.

MUNICIPAL CORPORATION[1994 : Hr. Act 16

thereunder the doing of or the omission to do anything or the validity of anything

depends upon the approval, sanction, consent, concurrence, declaration, opinion

the same.

1. (2) Nothing in sub-section (1) shall be deemed to apply to a cheque

drawn upon the Corporation Fund under section 75 and such classes of documents

as may be prescribed.

required or authorised by this Act or any rule, regulation or bye-law made thereunder

1. (a) where the person to be served is a company, ifthe document

1. (ii) delivered at the registered office or at the principal office

or place of business of the company;

1. (b) where the person to be served is a partnership firm, if the

1. (ii) delivered at the said place of business;

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1. (c) where the person to be served is a public body or a

and is either,-

(i)sent by registered post; or

1. (ii) delivered at that office;

1. (d) in any other case, if the document is addressed to the person to be served and-
   • (i) is given or tendered to him; or
   • (ii) if such person cannot be found; is affixed on some

tendered to some adult member of his family or is affixed

1. (iii) is sent by registered post to that person.

1. (2) Any document which is required or authorised to be served on

served-

1. (b) if the document so addressed or a copy thereof so addressed,

the land or building.

1. (3) Where a document is served on a partnership firm in accordance

with this section, the document shall be deemed to be served on each partner.

1. (4) For the purpose of enabling any document to be served on the

1. (5) Where the person on whom a document is to be served is a minor,

the service upon his guardian or any adult member of his family shall be deemed to

be service upon the minor.

Service of bills for

tax or notice or

demand by ordinary post. Power in case of non-compliance with notice etc.

default of owner.

Execution of

work by occupier in default of owner and deduction of expenses from rent.

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1. (6) Nothing in section 364 and section 365 and in this section shall

apply to any summons issued under this Act by a court.

(7)A servant is not a member of the family within the meaning of this section.

any tax or a notice of demand may be served by sending it by ordinary post with a pre-paid letter under a certificate of posting addressed to the appropriate person specified in section 366 at his last known place of residence or business and in proving the serving of every bill or notice so sent, it shall be sufficient to prove that the matter was properly addressed and posted under a certificate of posting.

payable by him in respect of such property as it falls due up to the amount recoverable from the owner under section 366:

Provided that if the occupier refuses to disclose the correct amount of

the rent payable by him or the name or address of the person to whom it is payable, the authority or officer may recover from the occupier the whole amount recoverable under section 368 as an arrear of tax under this Act.

1. (2) Any amount recovered from an occupier instead offrom an owner

which he is required to execute under this Act or any bye-law made thereunder, the

occupier, if any, of such land or building may, with the approval of the Commissioner

1. (2) The burden of proving any act entitling a receiver, agent or trustee

to relief under sub-section (1) shall lie upon him.

1. (3) Where any receiver, agent or trustee has claimed and established

moneys which may come to his hands on behalf, or for the use of the owner, and on

exercises of any of the power vested by this Act or any bye-law in the Commissioner

1. (2) In the event of a dispute regarding the amount of compensation

of tax under this Act:

Relief to agents and trustees.

General power to

pay compensation.

Compensation to

be paid by offenders for damage caused by them. Mode of recovery of certain dues. Right of owner to

in case of obstruction by occupier.

General powers and procedure of the court of District Judge. MUNICIPAL CORPORATION[1994 : Hr. Act 16

1. (2) The court on receipt of such application, may make a written

paid by the occupier.

1. (3) After eight days from the date of the order referred to in sub-

reasons of his failure to comply with the said provision or notice, order or requisition.

by occupier.

to suits shall be followed, in the disposal of application, appeals or references that

may be made to the Court of the District Judge under this Act or any bye-law made thereunder.

court of the District Judge.

1. (a) on any application, appeal or reference under this Act or any

bye-law made thereunder to the court of the District Judge;

and

1. (b) for the issue, in connection with any inquiry or proceedings

before that court under this Act or bye-laws, of any summons

or other process:

Provided that the fee, if any, prescribed under clause (a) shall not in

cases in which the value of the claim or subject matter is capable of being estimated

in money, exceed the fee liable for the time being under the provisions of the Court

Fees Act, 1870, in cases in which the amount of the claim or subject matter is ofa like amount.

1. (2) The Government may, by like notification, determine the person

by whom the fee, if any, prescribed under clause (a) of sub-section(1)shall be

payable.

1. (3) No application, appeal or reference shall be received by the court

of the District Judge until the fee, if any, prescribed therefor under clause (a) of

sub-section(1) has been paid:

[1994 : Hr. Act 16MUNICIPAL CORPORATION

1. (ii) issue process on behalf of any such person, without payment

or on part payment of the fees prescribed under this section.

any bye-law made thereunder to the court of the District Judge, is settled by agreement between the parties before the hearing, half the amount of all fees paid up to that time, shall be repaid by the court to the parties by whom the same have respectively been paid.

1. (b) with the approval of the Government, make rules not inconsistent

1. (a) contravenes any provision of any of the section, sub-sections,

1. (b) fails to comply with any order lawfully given to him or any

requisition lawfully made upon him under any of the said sections,

sub-sections, clauses, provisos or other provisions shall be punishable-

(i)with fine which may extend to the amount, specified in the

third column of the said Table; and

1. (ii) in the case of a continuing contravention or failure; with an

half fees on settlement before hearing. Power of the court of District Judge to delegate certain powers and to make rules.

the failure or contravention.

Offences by Companies. Police Establishments. Arrest of offenders. MUNICIPAL CORPORATION[1994 : Hr. Act 16

1. (2) Notwithstanding anything contained in sub-section (1) where an

accordingly.

Explanation.-For the purposes of this section-

1. (a) "Company" means body corporate, and includes a firm or other association of individuals; and
2. (b) "director" in relation to a firm means a partner in the firm.

383. (1) Every Corporation shall, unless relieved of this obligation by the

Government, maintain sufficient police establishment for its police requirements

within the Municipal area for the performance of the duties imposed on it by this

Act:

1. (2) The establishment maintained under sub-section(1)shall consist

1. (a) the name and address of such person be unknown to him; and
2. (b) such person on demasnd declines to give his name and

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1. (2) No person so arrested shall be detained in custody after his true

time necessary for the journey from the place of arrest to the court of such magistrate.

1. (a) take, or withdraw from, proceedings against any person who is charged with-

1. (ii) any offence which affects or is likely to affect any property

or interest of the Corporation or the due administration of

this Act; or (iii)committing any nuisance whatsoever;

1. (b) contest or compromise any appeal against rateable value or

assessment of any tax or rate;

1. (c) take, or withdraw from or compromise, proceedings under section

373 for the recovery of expenses or compensation claimed to be

due to the Corporation;

1. (d) withdraw or compromise any claim for a sum not exceeding one thousand rupees against any person;
2. (e) defend any suit or other legal proceeding brought against the

claim, suit or other legal proceeding brought against the

1. (g) withdraw or compromise any claim against any person in respect

1. (h) obtain such legal advice and assistance as he from time to time

thinks necessary or expedient to obtain or as he may be required

Power to institute etc. legal proceedings and obtain legal advice.

Prosecution.

Composition of

offences.

Protection of

action of the Corporation etc. Notice to be given of suits. MUNICIPAL CORPORATION[1994 : Hr. Act 16

by the Corporation to obtain for any of the purposes mentioned

in the foregoing clauses or for securing lawful exercise or discharge

employee.

made punishable by or under this Act or any rule or any bye-law made thereunder, except on the complaint of, or upon information received from the Commissioner, or any other officer of the Corporation authorised by it in this behalf. 387. (1) The Commissioner or any other officer of the Corporation authorised by it in this behalf by a general or special order or a sub-committee of the Corporation appointed by it may, either before or after the institution of the proceedings, compound any offence made punishable by or under this Act or any rule or any bye-law made thereunder. (2) Where an offence has been compounded, the offender, if in custody, shall be discharged and no further proceedings shall be taken against him in respect of the offence so compounded.

Corporation or against the Commissioner or against any Corporation Officer or other Corporation employee or against any person acting under the order or direction of the Corporation, the Commissioner or any Corporation officer or other

1. (1) No suit shall be instituted against the Corporation or against the

1. (2) No suit, such as is described in sub-section(1) shall, unless it is

anses.

1. (3) Nothing in sub-section(1) shall be deemed to apply to a suit in

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