Chapter XI BYE-LAWS

A municipality may, by bye-laws- (a) render licences necessary for the proprietors or drivers of vehicles, other than motor vehicles or animals kept or plying for hire within the limits of the municipal area, and fix the fees payable for such licences and conditions on which they are to be granted and may be revoked and may by such conditions provide among other things for a minimum breadth for wheel tyres, and for a minimum diameter of the wheel; (b) limit the rates which may be demanded for the hire of any carriage, cart, or other conveyance, or of animals hired to carry loads or persons, or for the services of persons hired to carry loads or to impel or carry such conveyances, and limit the loads which may be carried by any animal, or carriage, cart, or other conveyance, plying for hire, within the limits of the municipal area; (c) provide, save as provided under the Registration of Birth and Deaths Act, 1969 for the proper registration of births and deaths and for recording vital statistics ; (d) fix, and from time to time vary, the number of persons who may occupy a building or part of a building, which is let in lodgings or occupied by members of more than one family or which is situated within such congested bazaar areas as may be specified in the bye-laws ; and provide - (i) for the registration and inspection of such buildings ; (ii) for the licensing of hotels and lodging-houses and for the fees payable for such licenses and the condition on which they may be granted or revoked ; (iii) for promoting cleanliness and ventilation in such buildings; (iv) for the notices to be given and the precautions to be taken in the case of any infectious or contagious disease breaking out in such buildings ; (v) for the scavenging, removal and disposal of all rubbish, filth, night-soil, sullage or sewage in such buildings ; (vi) in the case of hotel, sarai and lodging house-keepers and the secretaries of residential clubs for the maintenance of registers in such forms as the municipality may prescribe, of visitors and lodgers ; and (vii) generally for the proper regulation of such buildings ; (e) provide - (i) for the inspection and proper regulation of encamping grounds, pounds, sarais, bakeries, aerated-water factories, ice factories, dhobi ghats, flour mills, foodgrain godowns, dispensing chemists, shops, slaughter-houses, and places licensed under section 125 ; (ii) for the inspection and proper regulation of markets and stalls, for the preparation and exhibition of a list of current price and fixing the fees, rents and other charges, to be levied in such markets and stalls ; (iii) for the holding of fairs and industrial exhibitions within the municipal area, or under the control of the municipality, and for the collection of fees under section 201 ; (iv) for controlling and regulating the use and management of burial and burning grounds ; (v) for the supervision, regulation and protection of public wells, tanks, springs or other sources from which water is or may be made available for the use of the public, whether within or outside the municipal area ; (vi) for the licensing, inspection and proper regulation of theatres and other places of public resort, recreation or amusement ; (vii) for the inspection and proper regulation of channels which are supplied with water from any canal to which either the Northern Indian Canals and Drainage Act, 1873 (8 of 1873), or the Himachal Pradesh Minor Canals Act, 1976 (42 of 1976), applies ;

203. Prohibition to erect buildings without sanction. (1) No person shall erect or re-erect or commence to erect or re-erect any building without the sanction of the municipality. (2) Every person who intends to erect or re-erect any building shall give notice in writing to the municipality of such intention. (3) The municipality shall by bye-law - (a) prescribe the manner in which notice of the intention to erect or re-erect a building shall be given to the municipality ; (b) require that with every such notice shall be furnished a site plan of the land on which it is intended to erect or re-erect such building and a plan and specification of the building, of such character and with such details as the bye-law may require : Provided that every such plan and specification shall be duly signed by a qualified Structural Engineer or Architect or Planner or Junior Engineer or Draughtsman who is registered with the municipality, on payment of such fee as may be fixed by the municipality; Explanation.- For the purposes of this clause the expression "a qualified Structural Engineer" means a graduate (civil) engineer ; and (c) where the building appears likely to be used as a factory, require the provision of adequate housing accommodation in connection therewith : Provided that the State Government may of its own or on a representation from any municipality alter, vary or modify the bye-laws so as to suit the particular needs of the municipality. (4) Where bye-laws have been framed under this section, no notice under sub-section (2) shall be considered to be valid until the information, if any, required by such bye-laws has been furnished to the satisfaction of the municipality.

(1) The municipality may, make bye-laws to regulate in respect of the erection or re-erection of any building within the municipal area or part thereof - (a) the materials and method of construction to be used for external and partition walls, roofs, floors, stair-cases, lifts, fire places and chimneys; (b) the materials and method of construction and position of fire places, chimneys, drains, water seal latrines, privies, urinals and cesspools. Explanation.- For the purpose of this clause "Water seal latrine" means a latrine with a minimum water seal of 20 mm in which excreta is pushed in or flushed by water and is not required to be removed manually; (c) the height and slope of the roof above the upper-most floor upon which human beings are to live or cooking operations are to be carried on ; (d) the ventilation and the space to be left about the building to secure the free circulation of air and for the prevention of fire ; (e) the line of frontage where the building abuts on a street ; (f) the number and height of the storeys of which the building may consist ; (g) the means to be provided for egress from the building in case of fire ; (h) the materials and method of construction to be used for godowns intended for the storage of food grains in excess of twenty five quintals, in order to render them rat proof ; (i) the minimum dimensions of rooms intended for use as living rooms or sleeping rooms ; (j) the ventilation of rooms and the minimum dimension of doors and windows ; (k) the position and dimensions of projections beyond the outer face of any external wall of a building ; (l) the height of factory chimneys and the provision to be made for consumption of smoke arising from the combustible used in any fire-place or furnace in a factory. (2) Notwithstanding anything contained in section 208 no person shall erect or re-erect any building in contravention of any bye-law made under sub-section (1).

(1) The municipality may and if so required by the Deputy Commissioner shall, within six months of the date of such requisition, draw up a building scheme for built areas, and a town planning scheme for un-built areas, which may among other things provide for the following matters, namely - (a) the restriction of the erection or re-erection of buildings or any class of buildings in the whole of or any part of the municipal area and of the use to which they may be put ; (b) the prescription of a building line on either side or both sides of any street existing or proposed ; (c) the amount of land in such inbuilt area which shall be transferred to the municipality for public purposes including use as public streets by owners of land either on payment of compensation or otherwise, provided that the total amount so transferred shall not exceed forty per centum, and the amount transferred without payment shall not exceed twenty five per centum, of any one owner‘s land within such inbuilt area; (d) the determination of the size and shape of a reconstituted plot so as to render it suitable for building purposes and where the plot is already built upon, to ensure that the building, so far as possible, complies with the provisions of the scheme in respect of open spaces ; (e) the formation of a re-constituted plot by the alteration of the boundaries of an original plot ; (f) the formation of a reconstituted plot by the transfer wholly or partly of the adjoining lands ; (g) the allotment of a plot to any owner dispossessed of land in the furtherance of the scheme ; (h) the transfer of ownership of a plot from one person to another ; and (i) the details of the internal services, estimated cost for providing them, the extent of the liability of the owners of buildings and lands for the payment of the cost and the manner of payment of the same. Explanation.- For the purposes of this section - (1) the "reconstituted plot" shall mean a plot which is altered in ownership or otherwise as a result of making of a town planning scheme ; (2) "Internal services" shall mean,- (i) metalling of roads and paving of footpaths ; (ii) turfing and plantations with trees of open spaces; (iii) street lighting ; (iv) adequate and wholesome water-supply ; (v) sewers and drains both for storm and sullage water and necessary provision for their treatment and disposal ; and (vi) any other works that the municipality may think necessary for the development of the area comprised in the scheme. (2) When a scheme has been drawn up under the provisions of sub-section (1), the municipality shall give public notice of such schemes and shall at the same time intimate a date not less than thirty days from the date of such notice by which any person may submit to the municipality in writing any objection or suggestion with regard to such scheme which he may wish to make. (3) The municipality shall consider every objection or suggestion with regard to the scheme which may be received by the date intimated under the provisions of sub-section (2) and may modify the scheme in consequence of any such objection or suggestion and shall then forward such scheme as originally drawn up or as modified to the Deputy Commissioner, who may, if he thinks fit, return to the municipality for reconsideration and resubmission by a specified date; and the Deputy Commissioner shall submit the plans as forwarded, or as re-submitted, as the case may be, with his opinion to the State Government, who may sanction such scheme or may refuse to sanction it or may return it to the municipality for reconsideration and re-submission by a specified date. (4) If a municipality fails to submit a scheme within six months of being required to do so under sub-section (1) or fails to re-submit a scheme by a specified date, when required to do so under sub-section (3) or re-submits a scheme which is not approved by the State Government, the Deputy Commissioner may draw up a scheme of which public notice shall be given by notification and by publication within the municipal area together with an intimation of the date by which any person may submit in writing to the Deputy Commissioner any objection or suggestion which he may wish to make, and the Deputy Commissioner shall forward with his opinion any such objection or suggestion to the State Government, and the State Government may sanction such scheme as originally notified or modified in consequence of any such objection or suggestion, as the State Government may think fit, and the cost of such scheme or such portion of the cost as the State Government may deem fit, shall be defrayed from the municipal fund. (5) When sanctioning a scheme the State Government may impose conditions for the submission of periodical reports on the progress of the scheme to the Deputy Commissioner or to the State Government, and for the inspection and supervision of the scheme by the State Government. (6) After the scheme has been sanctioned, the municipality shall proceed to provide internal services as soon as possible and complete it within a period of five years from the date of its sanction.

(1) Notwithstanding anything contained in section 205, the State Government may, in the public interest, regularise the buildings in any area whether constructed with or without sanction of the municipality and for which no building scheme or town planning scheme has been sanctioned. (2) The municipality may, in respect of the area covered under sub-section (1) of section 205 proceed to provide internal services as defined in sub-section (1) of section 205 to the owners of the buildings and plots and shall impose a fee for providing the same in accordance with the provisions of section 70.

If under the provisions of any scheme sanctioned under section 205 the erection or re-erection of buildings in a specified area for a specified purpose is prohibited, any person who after such scheme is sanctioned uses any building for such purpose shall, unless it was used for this purpose before the scheme was sanctioned, on conviction be liable to a fine which shall not be less than one hundred rupees and more than five hundred rupees and if after such conviction, he continues to use such building for such purpose shall be liable to a further fine of fifty rupees for every day during which such use continues.

(1) The municipality shall refuse to sanction the erection or re-erection of any building in contravention of any bye-law made under sub-section (1) of section 204 or in contravention of any scheme sanctioned under sub-section (3) or sub-section (4) of section 205, unless it be necessary to sanction the erection of a building in contravention of such a scheme owing to the municipality‘s inability to pay compensation as required by section 186 for the setting back of a building. (2) When the erection or re-erection of a building is likely in the opinion of the municipality to interfere with the enforcement of a scheme proposed under section 205, the municipality may refuse its sanction, and in such case shall communicate its refusal in writing together with the ground therefor, to the applicant within sixty days of the receipt of his application and the applicant may thereafter by written notice require the municipality to proceed with the preparation of the proposed scheme with all possible speed. The application shall be deemed to have been sanctioned if an order of refusal is not passed by the municipality, within the time specified above, or if the proposed scheme has not received the sanction of the State Government within twelve months of the date of delivery of applicant's written notice hereinbefore referred to : Provided that should a resolution refusing such sanction be suspended under section 263, the period prescribed above shall commence to run afresh from the date of communication of final orders by the Director or the Deputy Commissioner under section 266. Explanation.- A scheme shall be deemed to have been proposed under this section if a requisition for its preparation has been received by the municipality from the Deputy Commissioner or if the preparation of the scheme is under the consideration of the municipality. (3) The municipality, may refuse to sanction the erection or re-erection of any building for any other reason, to be communicated in writing to the applicant, which it, deems to be just and sufficient as affecting such building, or if on the land, which it is proposed to erect or re-erect such building in vested in the Government or in the municipality, and the consent of the concerned Government or, as the case may be, of the municipality has not been obtained, or if the title to the land is in dispute between such person and the municipality or any Government. (4) Subject to the provisions of sub-section (1) the municipality, may sanction the erection or re-erection of any building either absolutely or subject to such modifications in accordance with the bye-laws and rules as it may deem fit. (5) Notwithstanding anything contained in sub-section (1) or sub-section (3) but subject to the provisions of sub-section (2) of section 204 and sub-section (2) of this section if the municipality neglects or omits, within sixty days of the receipt from any person of a valid notice of such person's intention to erect or re-erect a building, or within one hundred twenty days, if the notice relates to a building on the same or part of the same site, on which sanction for the erection of a building has been refused within the previous twelve months, to pass orders sanctioning or refusing to sanction such erection or re-erection, such erection or re-erection shall, unless the land on which it is proposed to erect or re-erect such buildings belongs to or vests in the municipality, be deemed to have been sanctioned, except in so far as it may contravene any bye-law, or any building or town planning scheme sanctioned under section 205 : Provided that should a resolution convey in or refusing such sanction be suspended under section 263, the period prescribed under this sub-section shall commence to run afresh from the date of communication of final orders by the Director or the Deputy Commissioner under section 266 : Provided further that if not less than one fifth of the members present vote against a resolution conveying sanction, the sanction shall be deemed not to have been conveyed until after the lapse of fourteen days from the passing of the resolution.

209. Power of municipality to direct modification of sanctioned plan of a building before its completion. (1) For the purposes of drawing up of a building scheme for built up areas and a town planning scheme for unbuilt up areas, the municipality may, and if so required by the State Government shall, cause the geological survey of the municipal area conducted by such persons and in such manner as may be prescribed. (2) Where the building plan is sanctioned, the person, at whose instance building operations are to be carried out shall, after the excavation of the foundation and before starting construction thereon, intimate the municipality about the excavation of the foundation. (3) For the purpose of ascertaining, whether the strata of the land, over which a building is to be erected is geologically fit, and the building operation thereon can be carried out in accordance with the sanctioned plan, the municipality may, within seven days from the intimation under sub-section (2), cause inspection of excavated foundation to be made by such persons as it may direct, and in such manner as may be prescribed: Provided that the person at whose instance the building operations are carried out shall be associated in the inspection. (4) The persons making the inspection under sub-section (3), may communicate to the person, from whom intimation under sub-section (2) has been received, its views in regard to the result of such inspection and may after ascertaining the opinion of the said person, recommend to that person the action to be taken as a result of such inspection and also report to the Executive Officer of the municipality, the action, if any, which is proposed to be taken for the purposes of implementation of any such recommendation. (5) On the receipt of the report under sub-section (4), the municipality may, within seven days from the date of intimation under sub-section (2), give such direction to the person concerned, as it may deem fit. (6) Notwithstanding anything contained in the preceding sub-sections, if at any time before the completion of a building of which the erection has been sanctioned under section 208, the municipality finds that any modification of the sanctioned plan is necessary, the municipality may, subject to the compensation for any loss to which the owner may be put, direct that building be modified accordingly.

210. Completion certificate and lapse of sanction. (1) Every person shall, within one month after the completion of the erection of the whole or part of the building, deliver or send or cause to be delivered or sent to the Executive Officer a notice in writing of such completion or part of completion accompanied by a certificate in the Form prescribed by bye-laws made in this behalf and shall give to the Executive Officer all necessary facilities for the inspection of such building or part of the building. (2) No person shall occupy or permit to be occupied any such building or use or permit to be used any building or part thereof until permission has been granted by the Executive Officer in this behalf in accordance with the bye-laws made under this Act: Provided that if the Executive Officer fails within a period of thirty days after the receipt of the notice of completion to communicate his refusal to grant such permission such permission shall be deemed to have been granted.

211. Penalty for disobedience. (1) Should a building be begun, erected or re-erected - (a) without sanction as required by sub-section (1) of section 203; or (b) without notice as required by sub-section (2) of section 203; or (c) when sanction has been refused, the municipality may, by notice, delivered to the owner within six months from the completion of building, require the building to be altered or demolished as it may deem necessary within the period specified in such notice; and should it be begun or erected - (d) in contravention of the terms of any sanction granted; (e) when the sanction lapsed; or (f) in contravention of any bye-law made under section 204 or, in the case of a building, of which the erection has been deemed to be sanctioned under sub-section (5) of section 208, if it contravenes any scheme sanctioned under section 205, the municipality may by notice to be delivered to the owner within six months from the completion of the building, require the building to be altered in such manner as it may deem necessary, within the period specified in such notice: Provided that the municipality shall require a building to be demolished or altered so for as is necessary to avoid contravention of a building scheme drawn up under section 205: Provided further that where the erection of the work has not been completed, the Executive Officer may by the same or separate order, whether made at the time of the issue of the notice under this sub-section or at any other time, direct the person to stop erection or work till the expiry of the period within which an appeal against the order of demolition if made, may be preferred under sub-section (1) of section 212: Provided further that if any notice issued by the Executive Officer or Secretary, as the case may be, under this section on the ground that a building has been begun or has been erected in contravention of the terms of any sanction granted or in contravention of any bye-law made under section 204, the person to whom the notice is issued may, within fifteen days from the date of service of such notice, appeal to the municipality and subject to the provisions of sections 212, 263 and 269, the decision of the municipality shall be final : Provided further that the copy of the final order of the municipality shall be given free of cost to the appellant immediately after it is made. (2) Where the owner of the building submits the revised plan, after the work has been stopped by him or the work is completed by him and there are deviations from the sanctioned plan, the municipality may, subject to the special or general directions of the State Government under sub-section (3), compound the cases of deviations upto 10 % from the sanctioned plan: Provided that where the revised plan involves erection of building- (i) on any Government land or the land vested in a municipality or a local authority; or (ii) by covering any public road, street, path or drain; or (iii) by contravening the provisions of the Himachal Pradesh Roadside Land Control Act, 1968 (21 of 1969); the municipality shall not compound deviations from the sanctioned plan. (2-A) Any person aggrieved by the decision of the municipality under sub-section (2), may, within thirty days from the passing of the order by the municipality and in such manner as may be prescribed, appeal to the Deputy Commissioner. (2-B) Any person aggrieved by the decision of the Deputy Commissioner in appeal under sub-section (2-A), may, within thirty days from the order made by the Deputy Commissioner and in such manner as may be prescribed, appeal to the State Government. (2-C) The appellate authority may, for reasons to be recorded in writing, allow the appeals to be filed after the expiry of the period of thirty days specified in sub-sections (2-A) and (2-B) and for calculating the period of thirty days under the said sub-sections, the time spent in procuring the certified copies of the orders to be appealed against shall be excluded. (2-D) Notwithstanding anything contained in sub-sections (2), (2-A) and (2-B), the State Government may, in exceptional cases of extreme hardship, compound the cases of deviations from sanctioned plans. (3) Without prejudice to the provisions contained in this Act, the Government, may from time to time, give such special or general directions in the matters of policy in relation to the compounding of cases involving deviations from the sanctioned plans as in its opinion are required to be followed by the municipality for compounding such cases under sub-section (2) of this section. (4) Notwithstanding anything to the contrary contained in this Act, the municipality may, after affording a reasonable opportunity of being heard, deny or withdraw the civic amenities including water and sewerage connections, if the owner of the building makes deviations from the sanctioned plan by addition of a storey beyond the sanctioned plan, erection of a building on any Government land or land vested in the municipality or by covering any public road, street, path or drain. (5) Any person failing to comply with the direction to stop erection or work under second proviso to sub-section (1), shall be punishable with fine which may extend to Rs. 1,000 and when the non-compliance is a continuing one, with a further fine, which may extend to Rs. 50 for every day during which the non-compliance continues. (4) [Continuation of text from previous section] withdraw the civic amenities including water and sewerage connections, if the owner of the building makes deviations from the sanctioned plan by addition of a storey beyond the sanctioned plan, erection of a building on any Government land or land vested in the municipality or by covering any public road, street, path or drain. (5) Any person failing to comply with the direction to stop erection or work under second proviso to sub-section (1), shall be punishable with fine which may extend to one thousand rupees and when the non-compliance is a continuing one, with a further fine, which may extend to fifty rupees for every day during which the non-compliance continues.

(1) Any person aggrieved by an order of the municipality made under second proviso to sub-section (1) of section 211 may prefer an appeal to the District Judge having jurisdiction over the municipal area within the period of seven days from the date on which the copy of order made by the municipality given to him. (2) Where an appeal is preferred under sub-section (1) against an order of demolition, the District Judge may stay the enforcement of that order on such terms if any, and for such period, as it may think fit: Provided that where the erection of any building or execution of any work has not been completed at the time of the making of the order of demolition, no order staying the enforcement of the order of demolition shall be made by the District Judge unless reasonable opportunity of being heard is afforded to the municipality and security sufficient in the opinion of the District Judge has been given by the appellant for not proceeding with such erection or work pending the disposal of the appeal. (3) Save as provided in this section no court shall entertain any suit, application or other proceedings for injunction or other relief against the municipality or restrain it from taking any action or making any order in pursuance of the provisions of this section. (4) Every order made by the District Judge on appeal and subject only to such order, the order of demolition made by the municipality shall be final and conclusive. (5) Where no appeal has been preferred against an order of demolition made by the municipality under section 211 or where an order of demolition made by the municipality under that section has been confirmed on appeal, whether with or without variation the person against whom the order has been made shall comply with the order within the period specified therein or, as the case may be, within the period, if any fixed by the District Judge on appeal, and on the failure of the person to comply with the order within such period, the Executive Officer may himself cause the erection of the work to which the order relates to be demolished and the expenses of such demolition shall be recoverable from such person as an arrear of tax under this Act.

(1) No compensation shall be claimable by an owner for any damage which he may sustain in consequence of the prohibition of erection of any building. (2) The municipality shall make reasonable compensation to the owner for any damage or loss which he may sustain in consequence of the prohibition of the re-erection of any building or a part of a building except in so far as the prohibition is necessary under any bye-law: Provided that the municipality shall make full compensation to the owner for any damage which he may sustain in consequence of his building or any part thereof being set back, unless for a period of three years or more immediately preceding such notice, the building has by reason of its being in a ruinous or dangerous condition become unfit for human habitation or unless an order of prohibition issued under section 120 has been and still is in force in respect of such building.

The municipality may, by bye-laws - (a) prohibit the manufacture, sale or preparation or exposure for sale, of any specified article of food or drink, in any place or premises not licenced by the municipality ; (b) regulate the hours and manner of transport within the municipal area of any specified articles of food or drink, and prescribe the route by which such articles shall be carried ; (c) prohibit the sale of milk, butter, ghee, curd, meat, game, fish and poultry by persons not licenced by the municipality ; (d) prohibit the import into the municipal area for sale of milk cream, butter, ghee, curd, meat, game, fish and poultry by persons not licenced by the municipality ; (e) regulate the grant and withdrawal of licences and the levying of fees therefor under this section : Provided that no person shall be punishable for breach of any bye-law made under clause (a) of this section by reason of the continuance of such manufacture, preparation or exposure for sale, or sale upon any premises which are, at the time of the making of such bye-law, used for each such purpose until he has received from the municipality six months notice in writing to discontinue such manufacture, preparation or exposure for such sale, or such sale in such premises: Provided further that nothing herein contained shall affect the operation of section 43 of the Punjab Laws Act, 1872 (4 of 1872), and the rules made thereunder.

Prohibition of possession or sale of wild animals. No wild animal in respect of which any close time has been notified by the State Government under section 16 of the Wild Life Protection Act, 1972 (3 of 1973) shall whether dead or alive be possessed or sold during such close time within any municipal area and no such animal shall at any other time be sold within any municipal area except under an annual licence to be granted by the municipality: Provided that these prohibitions shall not extend to wild animals possessed or sold as pets.

Penalty for infringement of bye-laws. In making any bye-law under any section of this Chapter, the municipality may direct that a breach or an abetment of a breach of it, shall be punishable with a fine which shall extend to five thousand rupees and when the breach is a continuing breach, with a further fine of one hundred rupees for every day after the first during which the breach continues.

Any power to make bye-laws conferred by this Act is conferred subject to the condition that bye- laws being made after previous publication by the municipality, after having been published in the Official Gazette for inviting public objections: Provided that State Government may cancel any such bye-law if found to be contrary to the provisions of this Act or the rules made thereunder and thereupon the bye-law shall cease to have effect.

(1) A copy of all bye-laws made under this Act for any municipal area shall be kept at the office of the municipality and shall be open during office hours without charge to the inspection of any inhabitant. (2) Copies of all such bye-laws shall be kept at the office of the municipality for sale to the public at a price not exceeding fifty rupees.

(1) No person shall fell any tree whether belonging to him or otherwise, of the prescribed class within the jurisdiction of any municipality in the State except under a permit obtained from the prescribed authority in the prescribed manner. Explanation.- For the purposes of this Chapter the expression "felling of tree" shall include cutting or destroying or causing or suffering to be cut or destroyed any tree but shall not include bonafide pruning, trimming or otherwise altering shrubs or fruit trees for purely horticultural purposes and other petty acts, such as, the cutting of twigs, digging of ferns and the like from which no material harm of any kind to person or property is likely to result. (2) No application for grant of permit for felling of tree shall be entertained unless it is accompanied by a fee of Rs. 10/- which amount shall be utilised for fresh plantation. (3) (i) A breach of the provision of sub-section (1) or abetment of breach thereof in respect of cutting or destroying of each tree of the prescribed class shall be a separate offence and shall be punishable with imprisonment which may extend to three months or with fine which may extend to five hundred rupees, or with both. (ii) When any person is convicted for breach of the provisions of sub-section (1), the court convicting such person shall, in addition to the punishment imposed, order forfeiture in favour of the concerned municipality of any tree/ fuel/ timber in whatever from it may have been converted and in respect of which the breach of the provisions of sub-section (1) is made and in case such tree/ fuel/ timber is not available for forfeiture the market value thereof as determined by the court shall be recoverable from him in the same manner as fine imposed. (iii) No offence or breach of the provisions of sub-section (1) shall be compounded by any authority empowered to compound, without providing for forfeiture of the tree, fuel or timber in favour of the concerned municipality. (iv) Any officer especially empowered in this behalf by the State Government, having reason to believe that a breach of such provision of the Act has been committed or is likely to be committed, may seize the tree, fuel or timber in respect of which such breach has been committed and also all tools used or likely to be used in the commission of such offence and all these articles shall on conviction of the offender or on the composition of the offence, be forfeited to the concerned municipality. Explanation.- For the purpose of this sub-section, the term "municipality" means the Municipal Council or Nagar Panchayat, as the case may be. (4) The State Government may make rules consistent with this Act to carry out the purposes of this Chapter and all such rules shall be laid before the Legislative Assembly.