Chapter VIII EXTINCTION AND PREVENTION OF FIRE

97. Establishment and maintenance of fire brigade. For the prevention and extinction of fire, the municipality may and, if the State Government so directs, shall, establish and maintain a fire-brigade, and provide implements, machinery or means of communicating intelligence for the efficient discharge of their duties by the brigade.

98. Power of fire bridge and other persons to extinguish. (1) On the occasion of a fire in a municipal area any Executive Magistrate of the area, or the Executive Officer or any member of municipality or any member of a fire brigade maintained by the municipality, then and there directing the operations of men belonging to the brigade, and any police officer not below the rank of Sub-Inspector, may - (a) remove or order the removal of any person who by his presence interferes with or impedes the operations for extinguishing the fire or for saving life or property ; (b) close any street or passage in or near which any fire is burning ; (c) for the purpose of extinguishing the fire break into or through or pull-down, or cause to be broken into or through or pulled down or used for the passage of houses or other appliances, any premises ; (d) cause mains and pipes to be shut off so as to give greater pressure of water in or near the place where the fire has occurred ; (e) call on the persons in charge of any fire-engine to render such assistance as may be possible ; (f) generally take such measures as may appear necessary for the preservation of life or property ; when any Government building is endangered by such a fire, the officer of the Public Works Department for the time being in charge of the building may exercise the powers conferred on Executive Magistrate by this sub-section. (2) No person shall be liable to pay damages for any act done by him under sub-section (1) in good faith. (3) Any damage done in the exercise of a power conferred or a duty imposed by this section shall be deemed to be damaged by fire within the meaning of any policy of insurance against fire.

The power conferred by the last foregoing section shall be subject to such rules and regulations, as may be framed by the State Government under any law for the time being in force.

(1) The municipality may, and when the State Government so directs shall, provide the area under the control or any part thereof with a supply of wholesome water sufficient for public and domestic purposes. (2) For the purpose of providing such supply within the municipality the municipality, shall cause such tanks, reservoirs, engines, pipes, taps, and other works as may be necessary to be constructed or maintained, whether within or outside the municipal area, and shall erect sufficient standpipes or other conveniences for the gratuitous supply of water to the public. (3) When required by the Health Officer, the municipality shall arrange for the examination of water supplied for human consumption for the purpose of determining whether the water is wholesome.

(1) The municipality may, on application by the owner of any building, arrange for supplying water from the nearest main to the same for domestic purposes in such quantity as it deems reasonable, and may at any time limit the amount of water to be so supplied whenever it considers it necessary. (2) No additional charge shall be payable in respect of such supply in any municipal area in which a water tax is levied, but for water supplied in excess of the quantity to which such supply is under sub-section (1) limited and in other municipal areas for all water supplied under this section payment shall be made at such rate as may be fixed by bye-laws. Explanation.- A supply of water for domestic purposes shall not be deemed to include a supply- (a) for animals or for vehicles where such animals or vehicles are kept for sale or hire ; (b) for any trade, manufacture or business; (c) for fountains, swimming baths or for any ornamental or mechanical purpose ; (d) for gardens or for purposes of irrigation ; (e) for watering roads and paths ; (f) for building purposes.

(1) The municipality may supply water for any purpose other than a domestic purpose, on receiving a written application specifying the purpose for which such supply is required and the quantity likely to be consumed : Provided that for building purposes, water supply shall be made for a period of one year in the first instance, on an application accompanied by a copy of a building plan duly sanctioned by the competent authority and thereafter be extended, by six months at a time for a period of not exceeding the period allowed for the completion of the construction or for three years, whichever is less: Provided further that the water supply made, for the building purposes, on or before the commencement of this Act, shall continue for a period of three years reckoned from such commencement. (2) For all water supplied under sub-section (1) payment shall be made at a rate not less than the rate prescribed under sub-section (2) of section 101. (3) The municipality may withdraw such supply at any time if it should appear necessary to do so in order to maintain sufficient supply of water for domestic purposes. Provided that for building purposes, water supply shall be made for a period of one year in the first instance, on an application accompanied by a copy of a building plan duly sanctioned by the competent authority and thereafter be extended, by six months at a time for a period of not exceeding the period allowed for the completion of the construction or for three years, whichever is less: Provided further that the water supply made, for the building purposes, on or before the commencement of this Act, shall continue for a period of three years reckoned from such commencement. (2) For all water supplied under sub-section (1) payment shall be made at a rate not less than the rate prescribed under sub-section (2) of section 101. (3) The municipality may withdraw such supply at any time if it should appear necessary to do so in order to maintain sufficient supply of water for domestic purposes.

103. Procedure for water connection. (1) Where an application under section 101 or section 102 has been received, all necessary communication pipes and fittings shall be supplied by the municipality and the work of laying and applying such communication pipes and fittings, shall be executed by municipal agency under the municipality's orders ; but the cost of making any such connection and of all communication pipes and fittings so supplied and of all works so executed, shall be paid by the owner or the person making such application. The municipality may either provide a meter and charge rent for the same or may require the owner or applicant to provide a meter of such size, material and description as it shall approve. (2) Notwithstanding anything in sub-section (1), the municipality may require any owner or person applying for a supply of water to provide all communication pipes and fittings and to carry out at his own cost under its supervision and inspection all the work of laying and applying such communication pipes and fittings.

104. Obligation of owner or occupier to give notice of waste of water. Any owner or occupier of any building or land, in or on which water supplied under this Act is misused from negligence or other circumstances under his control, or used without permission in excess of the quantity fixed under section 101 or section 102, or in which the pipes, mains, or other works are out of repair to such an extent as to cause waste of water, shall if he has knowledge thereof, be bound to give notice of the same to such officer as the municipality may appoint in this behalf.

If any person whose premises are supplied with water, neglects to pay the water-tax, or any sum payable, under section 101 or section 102 when due, or to give notice as provided in the last preceding section, or wilfully or negligently misuses or causes waste of water , the municipality may, after due notice, cut off the supply of water from the said premises.

106. Power of municipality in respect of communications etc. For the purpose of providing or maintaining the water supply or of making or maintaining communications or connections with the mains, or generally for the purposes of this Chapter, the municipality shall have all powers which are conferred upon it in respect of drainage by sections 136 to 141. (2) 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) Whenever it appears to the municipality or to the State Government to be desirable to require the owners of buildings or lands, situated within the limits of the whole or any part of a municipal area to make suitable provision for the storage and conservation of rain-water for use in flushing drains and for any purposes other than for the purposes of being used as drinking water, such municipality, if so required by the State Government, shall, and, in any other case, may, with the previous sanction of the State Government, by public notice , direct accordingly. (2) Every notice, given under sub-section (1) shall state - (a) the extent of the local area within the limits of which the owners of buildings and lands are to make suitable provision for the storage of rain-water ; (b) the manner in which the cubic capacity of the storage accommodation to be provided by such owners is to be fixed that is, whether the extent of such capacity is to be regulated by reference to the area of the land, the size of the building, the number of occupants, or the estimated rental value thereof or by any two or more of these methods; (c) the design, materials, situation and construction of the reservoirs or other storage accommodation to be provided ; (d) the mode of collecting, storing, preserving from pollution and in a pure state and using the rain water to be collected and stored ; and (e) the time within which the requirements of the notice are to be complied with.

The municipality may, and, if so required by the State Government, shall, make provision for the supervision of the construction, and for the inspection of the storage reservoirs and all other works in any manner relating thereto or connected therewith, and may do all acts and things which may, from time to time, be necessary for the purpose of ensuring - (a) that the storage reservoirs and other works, as aforesaid, are constructed and carried out, as the case may be, in accordance with the requirements of the notice given under the preceding section ; and (b) that all such reservoirs and other works are of sufficient strength and durability, and may cause any such reservoirs or any other works as do not comply with the requirements of the notice or are unsuitable or insecure, to be removed and re-constructed or replaced to the satisfaction of the municipality.

109. Repairs of reservoirs. The municipality may, by notice, require the owner or occupier of any building or land in respect of which a reservoir for the storage and conservation of rain water has been provided under section 107 to repair, alter or put in good condition the said reservoir. (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.

(1) The municipality may set apart suitable places for the purpose of bathing and may specify the times at which and sex of the persons by whom, such places may be used, and may also set apart suitable places for washing animals or clothes, or for any other purpose connected with the health, cleanliness or comfort of the inhabitants; and may, by public notice, prohibit bathing or washing animals or clothes, in any public place not so set apart, or at times or by persons other than those specified, and any other act by which water in public places may be rendered foul or unfit for use, and may charge fees for the use of such places by any specified class or classes of persons or by the public generally. (2) The municipality may fix, by notice, places at which articles of clothing, bedding or other articles which have been exposed to infection shall be washed, and, no person shall wash any such article at any place not so fixed.

111. Powers in respect of burial and cremation grounds. (1) The municipality may by public notice order, and, if so directed by the State Government shall, within one month of such direction be deemed to have ordered, any burial or cremation ground situated within municipal area or within one kilometre thereof which is certified by the Health Officer to be dangerous to the health of persons living in the neighbourhood to be closed, from a date to be specified in the notice and shall in such case, if no suitable place for burial or cremation exists within a reasonable distance, provide a suitable place for the purpose. (2) Private burial places in such burial grounds may be exempted from the notice, subject to such conditions as the municipality may impose in this behalf: Provided that the limits of such burial places are, sufficiently defined, and that they shall only be used for the burial of the members of the family of the owners thereof. (3) No burial or cremation ground, whether public or private, shall be made or formed after the commencement of this Act, except with the sanction in writing of the municipality which shall not be granted unless the Health Officer has certified in writing for the information of the municipality that such burial or cremation ground is not prejudicial to public health: Provided that no such burial or cremation ground shall be made or formed, except with the sanction of the State Government. (4) Should any person, without the permission of the municipality, bury or cremate, or cause or permit to be buried or cremated, any corpse at any place which is not a burial or cremation ground or in any burial or cremation ground made or formed contrary to the provisions of this section, or after the date fixed thereunder for closing the same, he shall be punishable with a fine which shall not be less than twenty-five rupees and more than five hundred rupees.

112. Disposal of mad and stray dogs and other animals. (1) The municipality may- (a) authorise any person - (i) to destroy, or cause to be destroyed, or confine, or cause to be confined for such period as the municipality may direct, any dog or other animal suffering or reasonably suspected to be suffering from rabbis, or bitten by any dog or other animal suffering or suspected as aforesaid ; (ii) to confine, or cause to be confined any dogs found wandering about streets or public places without collars or other marks distinguishing them as private property and charge a fee for such detention and destroy or otherwise dispose of any such dog if it is not claimed within one week and the fee is not paid; (b) issue a temporary or standing order that any dog without collars or other marks, distinguishing them as private property, found straying on the streets or beyond the enclosures of the houses of the owners of such dogs may be destroyed and destroy or cause them to be destroyed accordingly. Public notice shall be given of every such order. (2) No damages shall be payable in respect of any dog or other animal destroyed or otherwise disposed of under this section.

Whoever, being the owner or person in charge of any dog, neglects to restrain it so that it shall not be at large in any street without a muzzle - (a) if such dog is likely to annoy or intimidate passengers, or (b) if the municipality has by public notice during the prevalence of rabbis directed that dogs shall not be at large without muzzles. shall be punishable with a fine which shall not be less than twenty five rupees and more than two hundred rupees.

114. Control of elephants, bears or camels. Whoever, being in charge of any elephant, bear or camel, omits, on being requested to do so, to remove, as far as may be practicable, his elephant, bear or camel to a safe distance on the approach of a horse, whether ridden or driven, shall be punishable with fine which may extend to twenty rupees.

115. Taking elephants along public roads. Whoever, contrary to any orders of the municipality, takes an elephant along a street shall be punishable with fine which may extend to twenty rupees.

116. Power to require buildings, wells, tanks etc. to be secured. Should any building, or any well, tank, reservoir, pool depression or excavation be, for want of sufficient repair, protection or enclosure dangerous to the persons dwelling or working therein or in the neighbourhood or to persons passing by, the municipality may by notice, require the owner or occupier thereof to repair, protect or enclose the same and should appear it to be necessary in order to prevent imminent danger, it shall forthwith take such steps to avert the danger as may be necessary.

117. Building etc. in dangerous stage. Should any building, well or structure, or anything affixed thereto, or any bank or tree be deemed by the municipality to be in a ruinous state or in any way dangerous, or there be any fallen building or debris or other material which is unsightly or is likely to be in any way injurious to health it may, by notice, require the owner thereof either to remove the same, or to cause such repairs to be made to the buildings, wall, structure or bank, as the municipality may consider necessary for the public safety, and should it appear to be necessary in order to prevent imminent danger, the municipality shall forthwith take such steps, at the expense of the owner, to avert the danger as may be necessary.

Should the owner, part-owner or occupier of any building or land suffer the same to be in a filthy or unwholesome state, the municipality may, by notice, require him within twenty-four hours to cleanse the same or otherwise put in a proper state and thereafter to keep it in a clean and proper state and if it appears to be necessary for sanitary purposes to do so, may at any time by notice, direct the occupier of any building to lime wash or otherwise cleanse the said building inside and outside in the manner and within a period to be specified in the notice.

119. Paving or draining of cattle-stands. The municipality may, by notice, require the owner or occupier of any land on which cattle or other animals are habitually tethered to have the same properly paved or drained or both.

120. Power to prohibit use of unfit buildings. Should any building, or any part of any building, appear to the municipality to be unfit for human habitation in consequence of the want of proper means of drainage or ventilation or any sufficient reason, the municipality may, by notice, prohibit the owner or occupier thereof from using the same for human habitation or suffering it to be so used, until it has been rendered fit for such use to the satisfaction of the municipality, and no such owner or occupier shall inhabit such building or suffer it to be inhabited until the municipality shall have informed in writing the owner or occupier that the prohibition has been withdrawn.

The municipality may, by notice, require the owner or occupier of any land to clear away and remove any thick vegetation of undergrowth which may appear to the municipality to be injurious to the health or offensive to the neighbourhood.

The municipality may, by notice, require the owner or occupier of any land to cut or trim within three days the hedges growing thereon and bordering on any street or any branches if trees growing thereon which overhang any street and obstruct the same or cause danger or which so overhang any well, tank or other source from which water is derived for public use as to be likely to pollute the water thereof or are in any way offensive or injurious to health.

123. Power to require untenanted building becoming a nuisance to be secured or enclosed. The municipality may, by notice, require the owner or part owner, or person claiming to be the owner or part-owner of any building or land which, by reason of abandonment or disputed ownership or other cause has remained untenanted and become a resort of idle and disorderly persons or otherwise a nuisance, to secure or enclose the same within a reasonable time fixed in the notice.

(1) If the Health Officer certified that the cultivation of any description of crop or the use of any kind of manure or the irrigation of land in any specified manner - (a) in any place within the limits of any municipal area is injurious or facilitates practices which are injurious to the health of person dwelling in the neighbourhood ; or (b) in any place within or beyond the limits of any municipal area is likely to contaminate the water-supply of such municipality or otherwise render it unfit for drinking purposes ; the municipality may prohibit the cultivation of such crop, the use of such manure or the employment of the method of irrigation so reported to be injurious, or impose such conditions with respect thereto as may prevent such injury or contamination : Provided that if it is notified by the State Government that the cultivation of such crop, the use of such manure, or the employment of such method of irrigation is prohibited or conditions are imposed with respect thereto, the municipality shall be deemed to have ordered such prohibition, or imposed such conditions, and shall issue notice, in accordance with the notification: Provided also that, when on any land to which such prohibition applies the act prohibited has been practised during the five years next preceding the prohibition, in the ordinary course of husbandry, compensation shall be paid from the municipal fund to all persons interested therein for any damage caused to them by the effect of such prohibition. (2) Should any person fail within six months from the date of its service to comply with a prohibitory notice issued under sub-section (1), he shall be punishable with a fine which shall not be less than twenty-five rupees and more than two hundred rupees and with a further fine of ten rupees for every day during which the offence is continued.

(1) No place within a municipal area shall be used for any of the following purposes, namely:-(a) melting tallow, dressing raw hides, boiling bones, offal or blood;(b) soap house, oil-boiling house, dying house or tannery;(c) brickfield, brick-kiln, charcoal kiln, pottery or lime-kiln.(d) any other manufactory, engine-house, storehouse, or place of business from which offensive or unwholesome smells, gases, noises or smoke arise;(e) yard or depot for trade in unslaked lime, hay, straw, thatching-grass, wood charcoal or coal, or other dangerously inflammable material;(f) store-house for any explosive, or for petroleum or any inflammable oil or spirit;except under a licence, obtained by the owner or occupier from the municipality which shall be renewable annually. (2) The licence shall not be withheld unless the municipality considers that the business which it is intended to establish or maintain would be the cause of annoyance, offence or, danger to persons residing in, or frequenting the immediate neighbourhood, or that the area should be for general reasons kept clear of the establishment of such business. (3) The municipality may charge any fees according to a scale to be approved by the Deputy Commissioner for such licences, and may impose such conditions in respect thereof as it may think necessary. Among other conditions it may prescribe that any furnace used in connection with such trade shall, so far as practicable, consume its own smoke. (4) Whoever, without a licence uses any place for any such purpose as is specified in this section or in contravention of the conditions of any such licence, shall be punishable with a fine which shall not be less than twenty-five rupees and more than two hundred rupees and with a further fine of ten rupees for every day during which the offence is continued.

(1) Within any municipal area no person shall establish a new factory or workshop without having obtained the consent of the municipality. (2) The consent of the municipality may be given without condition or subject to the condition that the owner or user of the said factory shall provide adequate housing accommodation for labourers employed in the factory or for any proportion or class of such labourers: Provided that the consent of the municipality shall not be withheld for any reason except the refusal of such owner or user to comply with such condition: Provided further that if the municipality neglects or omits to give its consent within a period of two months from the date of applications such consent shall be deemed to have been given without condition. (3) Whosoever commits a breach of the provisions of sub-section (1) or sub-section (2) shall, on conviction be punishable with a fine, which shall not be less than one hundred rupees, and more than one thousand rupees, and when the breach is a continuing one, with a further fine of one hundred rupees for every day, after the first, during which the breach continues.

127. Prohibition of cinematographs and dramatic performances except in licensed premises. (1) No exhibition of pictures or other optical effects by means of a cinematograph or other similar apparatus for the purpose of which inflammable films are used, and no public dramatic or circus performance or pantomime, shall be given in any municipality elsewhere than in premises for which a licence has been granted by the municipality under this section. (2) If the owner of a cinematograph or other apparatus uses the apparatus or allows it to be used, or if any person takes part in any public dramatic or circus performance or pantomime, or if the occupier of any premises allows those premises to be used, in contravention of the provisions of this section, or of any condition of a licence granted under this section, he shall be liable to a fine which shall not be less than twenty-five rupees and more than two hundred rupees and in the case of a continuing offence to a further penalty of fifty rupees for each day during which the offence continues and the licence, if any, shall be liable to be revoked by the municipality.

128. Power to prohibit trades. (1) Whenever it appears, that any place registered or licensed under the preceding sections is a nuisance to the neighbourhood or likely to be dangerous to life, health or property, the municipality may, and if so required by the State Government, shall by notice require the occupier thereof to discontinue the use of such place, or to effect such alterations, additions or improvements as well, in the opinion of the municipality, render it no longer a nuisance or dangerous. (2) Whoever, after any notice has been given under this section, uses such place or permits such place to be used in such a manner as to be a nuisance to the neighbourhood or dangerous or does not effect such alteration, addition or improvements, shall be punishable with a fine which shall not be less than fifty rupees and more than five hundred rupees and with a further fine of fifty rupees for every day during which the offence is continued.

129. Use of steam whistles, etc. (1) No person shall use or employ, in any factory or other place, any whistle or trumpet or any other mechanical contrivance which emits an offensive noise for the purpose of summoning of dismissing workmen or person employed, nor shall any person by means of any contrivance increase the noise emitted in any such factory or place by the exhaust pipe of any engine, without the written permission of the municipality, in granting which, the municipality may impose such conditions as it may deem proper, restricting the time at which such whistle or trumpet, or other contrivance may be used. (2) The municipality may on giving one month's notice revoke any permission given under sub-section (1). (3) Whoever, in contravention of the provisions of this section, uses or employs any whistle, trumpet or other contrivance, shall be punishable with a fine which may extend to fifty rupees, and with a further fine which may extend to five rupees for everyday during which the offence is continued.

130. Provisions of drains, privies etc. (1) The municipality may, by notice, require the owner of any building or land to provide, move or remove any drain, privy, latrine, urinal, cesspool or other receptacle for filth or refuse or, provide any additional drains, privies, latrines, urinals, cesspools or other receptacles as aforesaid which should, in its opinion, be provided for the building or land, in such manner and of such pattern as the municipality may direct. (2) The municipality may by notice, require any person employing more than twenty workmen or labourers to provide such latrines and urinals as it may think fit and to cause the same to be kept in proper order and to be daily cleaned. (3) The municipality may, by notice, require the owner or occupier of any building or land to have any privy, latrine or urinal provided for the same shut out by a sufficient roof and wall or fence from the view of persons passing by or dwelling in the neighbourhood, or to remove or alter, as the municipality may direct, any door or trapdoor of a privy, latrine or urinal opening on to any street or drain. (4) The municipality may, and when required by the State Government shall provide latrines and urinals for the use of public.

131. Repair and closing of drains, privies etc. (1) The municipality may, by notice, require the owner or occupier of any building or land to repair, alter, or put in good order any drain, privy, latrine, urinal, cesspool or receptacle for any filth or refuse, or to close any drain, privy, latrine, urinal or cesspool belonging thereto. (2) The municipality may, by notice, require any person who has constructed any new drain, privy, latrine, urinal, cesspool or receptacle for filth or refuse without its permission in writing or contrary to its directions or regulations or the provisions of this Act, or who has constructed, rebuilt or opened any drain, privy, latrine, urinal, cesspool or receptacle for filth or refuse which it has ordered to be demolished or stopped or not to be made, to demolish the drain, privy, latrine, urinal, cesspool or receptacle to make such alteration therein as it may think fit.

132. Unauthorised building over drains etc. The municipality may, by notice, require any person who without its permission in writing has newly erected or rebuilt any building over any sewer, drain, culvert, water course or water pipe vested in the municipality, to pull down or otherwise deal with the same as it may think fit.

133. Removal of latrines etc, near any source of water supply. (1) The municipality may by notice, require any owner or occupier on whose land any drain, privy, urinal, cesspool or other receptacle for filth or refuse for the time being exists within fifteen metres of any spring, well, tank, reservoir or other source from which water is or may be derived for public use, to remove or close the same within one week from the service of such notice. (2) Whoever, without the permission of the municipality, makes or keeps for a longer time than one week after notice under this section any drain, privy, latrine, urinal, cesspool or other receptacle for filth or refuse, within fifty feet of any spring, well, tank, reservoir or any other source from which water is or may be derived for public use, shall be punishable with a fine which shall not be less than twenty-five rupees and more than two hundred rupees and, when a notice has been issued, with a further fine of ten rupees for each day during which the offence is continued after the lapse of the period allowed for removal.

134. Discharge in sewerage. Whoever, without the permission of the municipality, causes or knowingly or negligently allows the contents of any sink, sewer, or cesspool or any other offensive material to flow, drain or be put upon any street or public place, or into any irrigation channel or any sewer or drain not set apart for the purpose, shall be punishable with a fine which shall not be less than Rs. 2,500 and not more than Rs. 10,000 for the first offence, and for second contravention, in addition to the penalty as specified above, he shall be liable to render community service by personally clearing the public area in and around his premises in question under the supervision of authorized officer of the municipality for not less than a period of one week under videography:

Provided that if such person commits the same offence third time and subsequently, the municipality may deny or stop the civic amenities like water, electricity etc. in residential as well as commercial establishments, as the case may be.

135. Making or altering drains without authority. Whoever, without the permission of the municipality makes or causes to be made, or alters or causes to be altered, any drain leading into any of the sewer or drains vested in the municipality shall be punishable with a fine which shall not be less than Rs. 25 and more than Rs. 200.

136. Power to require removal of nuisance arising from tanks and the like. The municipality, may, by notice, require the owner or occupier of any land or building to cleanse, repair, cover, fill up or drain off any private well, tank, reservoir, pool, depression or excavation therein which may appear to the municipality to be injurious to health or offensive to the neighbourhood :

Provided that if for the purposes of effecting any drainage under this section, it should be necessary to acquire any land not belonging to the same owner or to pay compensation to any person the municipality shall provide such land or pay such compensation.

137. Power of municipality to lay or carry wires, pipes, drains or sewers through private lands. The municipality may carry any cable, wire, pipe, drain, sewer or channel of any kind, for the purpose of establishing telephonic or other similar communication or for carrying out and establishing or maintaining any system of lighting, drainage or sewerage, through, across, under or over after giving reasonable notice in writing to the owner or occupier, into, through, across, under, over or up the side of any land or building, whatsoever situate within the limits of the municipal area, and , for the purpose of the introduction, distribution of outfall of water or for the removal or outfall of sewerage without such limits, and may, at all limits do all acts and things which may be necessary or expedient for repairing or maintaining any such cable, wire, pipe, drain, sewer, or channel, as the case may be, in an effective state for the purpose for which the same may be used or intended to be used :

Provided that such work shall be done so as to cause the least practical nuisance or inconvenience to any person:

Provided further that reasonable compensation shall be paid to the owner or occupier for any damage at the time sustained by him and directly occasioned by the carrying out of any such operations.

138. Provision as to wire, pipes drains or sewers laid or carried above surface of ground. In the event of any cable, wire, pipe, drain, sewer, or channel being laid or carried above the surface of any land or through, over or up the side of any building, such cable, wire, pipe, drain, sewer or channel, as the case may be, shall be so laid or carried as to interfere as little as possible with the rights of the owner or occupier to the due enjoyment of such land or building and reasonable compensation shall be paid in respect of any substantial interference with any such right to such enjoyment.

139. Previous notice. Except in cases to which sections 222 and 224 relate, the municipality shall cause not less than fourteen days' notice in writing to be given to the owner or occupier before commencing any operations under section 137.

(1) No person shall, without the permission of municipality, at any time make, or cause to be made, any connection or communication with any cable, wire, pipe ferrule, drain, sewer or channel constructed or maintained by or vested in the municipality, for any purpose whatsoever.

(2) Any person acting in contravention of the term of sub-section (1) shall be punishable with a fine which shall not be less than Rs. 25 and more than Rs. 200.

141. Sewerage connection. (1) The municipality may, at any time establish any connection or communication from any water-main, drain or sewer to any premises, or may by notice require the owner of any such premises to establish any such connection or communication in such manner and within such times as the municipality, by notice in that behalf, may prescribe, at the cost of such owner or occupier.

(2) Notwithstanding anything contained in sub-section (1), it shall be the duty of the house owner or occupant of any premises to connect his latrines, urinals and septic tank, as the case may be, with sewerage line where sewerage system has been provided by the municipality, at his own expenses, by getting sewerage connection from the municipality and if he fails to do so, he shall be punishable with fine which may extend to Rs. 2,000 but shall not be less than Rs. 500, in addition to other charges for such connection which in case of continuous default will result in disconnection of essential services viz. water, electricity etc.:

Provided that where sewerage line is passing through other person‘s land, the sewerage connection shall be connected to the sewerage line through the boundary lines of such land or where the building has been constructed, the line shall be laid through the setbacks of such building, whichever is feasible. connection which in case of continuous default will result in disconnection of essential services viz. water, electricity etc.: Provided that where sewerage line is passing through other person‘s land, the sewerage connection shall be connected to the sewerage line through the boundary lines of such land or where the building has been constructed, the line shall be laid through the setbacks of such building, whichever is feasible.

(1) The municipality may, by notice, require the owner of any building or land in any street to put up and keep in good condition proper troughs and pipes for receiving and carrying water and sullage from the building or land and for discharging the same so as not to cause inconvenience to persons passing along the street.

(2) For the purpose of efficiently draining any building or land the municipality may, by notice, in writing,- (a) require any courtyard, alley or passage between two or more buildings to be paved by the owner or part-owner of such buildings with such materials and in such manner as may be approved by the municipality ; and (b) require such paving to be kept in proper repair.

Whoever - (a) being a medical practitioner or a person openly and constantly practising the medical profession, and in the course of such practice becoming cognizant of the existence of any infectious disease in any dwelling other than a public hospital ; (b) being the owner or occupier of such dwelling and being cognizant of the existence of any such disease therein ; or (c) being the person incharge of or in attendance on any person suffering from any such disease in such dwelling and being cognizant of the existence of the disease therein ; fails forthwith to give information, or knowingly gives false information to the Health Officer or to any other officer to whom the municipality may require information to be given respecting the existence of such disease, shall be punishable with a fine which shall not be less than twenty five rupees and more than two hundred rupees.

(1) In any municipal areas to which this section may at any time be extended by the State Government when any person suffering from any infectious disease is found to be - (a) without proper lodging or accommodation ; or (b) living in a sarai, hotel, boarding house or other public hostel; or (c) living in a room or house which he neither owns nor pays rent for, nor occupies as the guest or relative of any person who owns or pays rent for it ; or (d) lodged in premises occupied by members of two or more families and any of such occupiers objects to his continuing to lodge in such premises ; the municipality or any person authorised by it in this behalf may, on the advice of any medical officer of the rank not inferior to that of an assistant surgeon, remove the patient to any hospital or place at which persons suffering from such disease are received for medical treatment, and may do anything necessary for such removal. (2) The municipality shall, if required by the State Government, erect an infectious diseases hospital of such type and dimensions as the State Government shall deem expedient.

145. Disinfection of buildings and articles. If the municipality is of the opinion that the cleansing or disinfecting of a building or any part thereof, or of any article therein, which is likely to retain infection will tend to prevent or check the spread of any disease, it may, by notice, require the owner or occupier to cleanse or disinfect the same, or to destroy such article, in the manner and within the time prescribed in such notice.

146. Penalty for letting infected houses. Every person knowingly letting a house or other building or part of a house or building in which any person has been suffering from an infectious disease, without, having such house or other building or part thereof and all articles therein liable to retain infection disinfected to the satisfaction of the municipality, shall be liable to a penalty which shall not be less than twenty five rupees and more than two hundred rupees. Explanation.- For the purpose of this section, a hotel or lodging house-keeper shall be deemed to let part of his house to any person admitted as a guest into his hotel or lodging house.

The municipality may, and when the State Government so directs, shall - (a) provide proper places, with all necessary attendants and apparatus, for the disinfection of conveyances, clothing, bedding or other articles which have been exposed to infection ; (b) cause conveyances, clothing or other articles brought for disinfection to be disinfected free of charge or subject to such charges as may be approved by it ; and (c) direct any clothing, bedding or other articles likely to retain infection to be disinfected or destroyed, and shall give compensation for any articles destroyed under this sub-section.

148. Acts done by persons suffering from certain disorders. Whoever, who is suffering from an infectious, contagious or loathsome disorder- (a) makes or offers for sale any article of food or drink for human consumption or any medicine or drug ; or (b) wilfully touches any such article, medicine or drug which is exposed for the sale by other ; or (c) takes any part in the business of washing or carrying soiled clothes, shall be punishable with a fine which shall not be less than twenty five rupees and more than two hundred rupees.

(1) Whoever keeps any swine or other animals in disregard of any orders which the municipality may give to prevent them from becoming a nuisance, or so as to be injurious to the health of the inhabitants or of animals shall be punishable with a fine of fifty rupees and of one hundred rupees for every such subsequent offence. (2) No person shall- (a) feed the monkeys, langoors and other stray animals in any public place, or (b) spit on public place, public road, public street or walls, or (c) throw any type of garbage/refuse etc. on any public place, road, street or in open hill side except in a container provided by the municipality for this purpose. Explanation.- For the purpose of clause (a), the expression ―public place‖ shall not include temple. (3) Whoever contravenes the provisions of sub-section (2), he shall be punishable with fine which may extend to five hundred rupees, in addition to other charges incurred for cleaning or removal of such garbage/refuse etc. from such public place, road, street or open hill side by the municipality.

150. Feeding animals on deleterious substances. Whoever feeds or allows to be fed any animal, which is kept for dairy purposes or may be used for food, on deleterious substances, filth or refuse of any kind, shall be punishable with fine which may extend to fifty rupees.

151. Prohibition by municipality of use of unwholesome water. Should the municipality, on the report of the Health Officer, consider that the water in any well, tank or other place is likely if, used for drinking to endanger or cause the spread of any dangerous disease, it may - (a) by public notice prohibit the removal or use of such water for drinking ; (b) by notice require the owner or person having control of such well, tank or place to take such steps as may be specified in the notice to prevent the public from having access to or using such water ; or (c) take such steps as it may, on the advice of the Health Officer consider expedient to prevent the danger or spread of any such disease. (4) The promotion of, or attempt to promote, feelings of enmity or hatered between different classes of the citizens of India on grounds of religion, race, caste, community or language, by a candidate or his agent or any other person with the consent of a candidate or his agent for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate. (5) The publication by a candidate or his agent or by any other person, with the consent of a candidate or his agent, of any statement of fact which is false and which he either believes to be false or does not believe to be true, in relation to the personal character or conduct of any candidate, or in relation to the candidature or, withdrawal, of any candidate, being a statement, reasonably calculated to prejudice the prospects of the candidate‘s election. (6) The hiring or procuring, whether on payment or otherwise, of any vehicle by a candidate or his agent or by any other person with the consent of a candidate or his agent, for the conveyance of an elector of the municipal area (other than the candidate himself, the members of his family or his agent) to or from any polling station or a place fixed for the poll. Explanation.- In this clause, the expression 'vehicle' means any vehicle used or capable of being used for the purpose of road transport, whether propelled by mechanical power or otherwise and whether used for drawing other vehicles or otherwise. (6-A). The incurring or authorising, of expenditure in contravention of section 17-A. (7) The obtaining or procuring or abetting or attempting to obtain or procure by a candidate or his agent, or by any other person with the consent of the candidate or his agent, any assistance (other than the giving of vote) for the furtherance of the prospects of that candidate's election, from any person in the service of the Government, the Government of India or the Government of any other State or a local authority.

(1) Whoever sells to the prejudice of any purchaser, any article of food or drink which is not of the nature, substance or quality of the article demanded by such purchaser, shall be punishable with fine which may extend to five hundred rupees: Provided that an offence shall not be deemed to be committed under this section in the following cases, that is to say:- (a) where any matter or ingredient not injurious to health has been added to food or drink for the production or preparation of the same as an article of commerce in a state fit for carriage or consumption, and not fraudulently to increase the bulk, weight or measure or conceal the inferior quality thereof; (b) where food or drink is unavoidably mixed with some extraneous matter in the process of collection or preparation. (2) In any prosecution under this section, it shall be no defence to allege that the vendor was ignorant of the nature, substance or quality of the article sold by him, or that the purchaser having bought such article only for analysis was not prejudiced by the sale. (3) The provisions of this section shall be in addition to and not in derogation to the provisions of the Prevention of Food Adulteration Act, 1954 (7 of 1954).

153. Soliciting alms. Whoever, in any street or public place within the municipal area begs importunately for alms, or exposes, exhibits, with the object of exciting charity, any deformity, or disease, or any offensive sore or wound, shall be punishable under the provision of the Himachal Pradesh Prevention of Beggary Act, 1979(22 of 1979).

The municipality may fix places within or, with the approval of the Deputy Commissioner, beyond the limits of the municipal area for the deposit of refuse, rubbish or offensive matter of any kind or for the disposal of the dead bodies of animals and may by public notice give directions as to the time, manner and conditions at, in and under which such refuse, rubbish or offensive matter or dead bodies of animals may be removed along any street and deposited at such places.

Where the State Government so requires it shall be the duty of the municipality to subject all dung to the process of making compost manure.

156. Power to acquire etc. (1) Where the property in any dung vests in any person or class of persons other than the municipality, the municipality, required under the last preceding section, shall acquire, either permanently or for such period as it may deem fit, the rights or interests in the dung belonging to the aforesaid persons, on payment of such compensation as the municipality may consider reasonable and may assess the same in the manner hereinafter provided. (2) Where any such dung is requisitioned or acquired under this section the amount of compensation payable shall be determined in the manner and in accordance with the principles enumerated below :- (a) where the amount of compensation can be fixed by agreement, it shall be paid in accordance with such agreement; (b) where no such agreement can be reached, the municipality and the person or persons as aforesaid shall appoint an arbitrator having knowledge of the price of the property or interest in the dung requisitioned or acquired; (c) at the commencement of the proceedings before the arbitrator, the municipality and the person to be compensated shall state what, in their respective opinion is the fair amount of compensation; (d) the arbitrator in making his award shall take into consideration the market value of the dung in the locality, the damage, if any, resulting from diminution of the profits accruing to the person or persons aforesaid and any other factor of a like nature; and (e) save as otherwise hereinafter provided in the Act or the rules, nothing in any other law for the time being in force shall apply to arbitration under this section.

157. Right of appeal and revision. (1) Any person aggrieved by an award made under section 156 may, within thirty days from the date of the communication to him of the award prefer an appeal in writing to the Deputy Commissioner of the district where in the municipality is situated. (2) The Deputy Commissioner shall decide the appeal after sending for the records of the case from the municipality and after giving the parties an opportunity of being heard, and if necessary, after making such further enquiry as he thinks fit, either personally or through an officer subordinate to him. (3) A further appeal shall lie to the State Government; provided that when the award is confirmed by the Deputy Commissioner no such appeal shall lie. (4) The State Government may, at any time, call for the records of any case pending before or disposed of by the Deputy Commissioner: Provided that this power shall not be exercised by the State Government when an appeal has been preferred to it under sub-section (3): Provided further that the State Government shall not under this sub-section pass an order revising or modifying an order affecting any person without giving such person an opportunity of being heard.

158. Bar of jurisdiction. No civil court shall have jurisdiction to entertain or adjudicate any suit, application or other proceedings relating to the right or interest to or in the compensation referred to in section 156 or section 157 or the amount or apportionment or the payment thereof or any matter connected therewith.

159. Failure to remove noxious matter. Whoever, being the owner or occupier of any building or land, keeps knowingly or negligently or allows to be kept for more than twenty four hours, or otherwise than in some proper receptacle or pit any dirt, dung, bones, ashes, night soil or filth or any noxious or offensive matter in or upon such building or land or suffers any such receptacle or pit to be in a filthy or noxious state or neglects to employ proper means to cleanse and purify the same, shall be punishable with a fine which shall not be less than twenty five rupees and more than two hundred rupees.

(a) if he is a returning officer or an assistant returning officer or a presiding officer at a polling station or any other officer or clerk employed on official duty in connection with the election, be punishable with imprisonment for a term which may extend to two years, or with fine, or with both; and (b) if there is any other person, be punishable with imprisonment for a term which may extend to six months, or with fine, or with both; and (3) For the purposes of this section, a person shall be deemed to be on official duty if his duty is to take part in the conduct of an election or part of an election including the counting of votes or to be responsible after an election for the used ballot papers and other documents in connection with such election, but the expression "official duty" shall not include any duty imposed otherwise than by or under this Act. (4) An offence punishable under sub-section (2) shall be cognizable.

162. Nuisance by children and others. Whoever permits any person under his control to whom the provisions of sections 82, 83 and 84 of the Indian Penal Code, 1860 (45 of 1860), are applicable to commit a nuisance upon any street or into any public sewer or drain or any drain communicating therewith, shall be punishable with a fine which shall not be less than twenty five rupees and more than two hundred rupees.

163. Definition of house scavenging.

(1) The municipality may, at any time, undertake the house scavenging of any house or building on the application or with the consent of the occupier. (2) The municipality may by public notice undertake the house scavenging of any house or building in the municipal area from any date not less than two months after issue of the notice. (3) The occupier of any house or building affected by the notice, may at any time, after the issue thereof, apply to the municipality to exclude that house or building from the notice. (4) The municipality shall consider and pass orders upon every such application, within six weeks of the receipt thereof, by such order, exclude such house or building from the notice. (5) In deciding whether to exclude any house or building from the notice, the municipality shall consider, among other matters, the efficiency of the arrangements for house scavenging made by the occupier, if any, and the

purpose to which he applies the filth, rubbish, ordure or other offensive matter. (6) It shall be duty of the owners and occupiers of all premises to collect and deposit the garbage for further disposal by the municipality in the manner prescribed by the Executive Officer or Secretary, as the case may be, on payment of fee for such disposal as may be fixed by the Government.

165. Abolition of customary right. (1) From the date of coming into force of this Act the customary rights, if any, of a safai mazdoor in respect of the house scavenging shall stand abolished. (2) The municipality may, and shall if so required by the State Government, pay to the Safai Mazdoor whose customary rights have been abolished such amount by way of grant as it may deem proper. The amount and the person entitled thereto shall be determined in accordance with the rules.

166. Scavenging etc. (1) No person shall carry night soil in any receptacle on his head. (2) No person who is not more than eighteen years of age shall be engaged by any person to take up house scavenging or sweeping. (3) Whoever contravenes the provisions of this section shall be, punishable with a fine which shall not be less than twenty five rupees and more than two hundred rupees.

When once the municipality has undertaken the house scavenging of any house or building, under this Chapter, it may continue to perform such house scavenging with or without the consent of the occupier for the time being of such house or buildings.

When the municipality has undertaken the house-scavenging of any house or building, it shall be bound to perform the same properly, until it shall have relieved itself of the obligation by an order under sub-section (4) of section 164.

The employees of the municipality employed in house scavenging may, at all reasonable times, do all things necessary for the proper performance of any house scavenging undertaken by the municipality.

170. Vesting in municipality or collection from house scavenging. All matter removed by the employees of the municipality in the course of house scavenging shall belong to the municipality.

The municipality may, and when so directed by the State Government shall, in the manner prescribed by rules, make provision for the establishment and maintenance of creches for the children of safai mazdoors, who are in the employment of the municipality or work in private houses.

(1) The municipality may, and shall when so required by the State Government , fix premises with the approval of Deputy Commissioner either within or without the limits of the municipal area for the slaughter of animals for sale, or of any specified description of such animals, and may, with the like approval, grant and withdraw licences for the use of such premises, or if they belong to the municipality, charge rent or fees for the use of the same. (2) When such premises have been fixed by the municipality beyond municipal limits, it shall, inspect and regulate the same in accordance with the bye-laws, as if they were within those limits. (3) When any such premises have been fixed no person shall slaughter any such animal for sale within the municipal area at any other place. (4) Any person who slaughters, for sale any animal at any place within a municipal area other than one fixed by the municipality under this section, if any places have been so fixed, shall be punishable with a fine which shall not be less than twenty five rupees and more than two hundred rupees.

(1) Whenever any animal in the charge of any person dies otherwise than by slaughter either for sale or for some religious purpose, the person incharge thereof shall within twenty four hours either - (a) convey the carcass to a place, if any, fixed by the municipality under section 154 for the disposal of the dead bodies of animals or to any place at least one kilometre beyond the limits of municipal area ; or (b) give notice of the death to the municipality whereupon the municipality shall cause the carcass to be disposed of. (2) In respect of the disposal of the dead body of an animal under clause (b) of sub-section (1) the municipality may charge such fees as the municipality may, by public notice have prescribed. (3) For the purposes of this section the word "animal" shall be deemed to mean all horned cattle, elephants, camels, horses, ponies, asses, mules, deer, sheep, goats, swine and other large animals. (4) Any person bound to act in accordance with sub-section (1) of this section shall, if he fails so to act, be punishable with a fine which shall not be less than twenty five rupees and more than two hundred rupees.

The municipality.- (a) may lay out and make a new public street and construction tunnels and the works subsidiary thereto ; (b) may widen, lengthen, extend, enlarge, raise or lower the level of or otherwise improve any existing public street vested in the municipality ; (c) may close temporarily any public street or any part thereof for any public purpose ; (d) may turn, divert, discontinue or close any public street so vested ; (e) may provide within its discretion building sites of such dimensions as it deems fit, to abut on or adjoin any public street made, widened, lengthened, extended, enlarged, improved, or the level of which has been raised or lowered by the municipality under clauses (a) and (b) or by the State Government ; (f) subject to the provision of any rule prescribing the conditions on which property may be acquired by the municipality may acquire any land, alongwith the building thereon, which it deems necessary for the purpose of any scheme or work undertaken or projected in exercise of the powers conferred under the preceding clause ; (g) subject to the provisions of any rules prescribing the conditions on which property vesting in the municipality may be transferred, may lease, sell or otherwise dispose of any property acquired by the municipality under clause (f); or any land vesting in and used by the municipality for a public street and no longer required therefor and in so doing may impose conditions regulating the removal and construction of buildings upon it and the other uses to which such land may be put: Provided that land owned by proprietors other than the State Government shall become the absolute property of the municipality after it has continuously vested in the municipality for use as a public street for a period of twenty five years ; but that the possession of such land which ceases to be required for use as a public street before the expiry of twenty five years from the time it became vested in the municipality shall be transferred to the proprietor thereof, on payment by him of reasonable compensation to the municipality for the improvements of such land, and subject to such restrictions as the municipality may impose on the future use of such land, and that should the proprietor be unable or unwilling to pay the amount of such compensation the municipality may, subject to such conditions as it may deem fit, sell the land and shall pay to the owner the proceeds, if any, over and above the amount of such compensation, which shall be paid into the municipal fund, or may dispose it of in such manner as it may deem fit.

175. Protection of streets during cutting down of tree, erection or demolition of buildings. (1) No person shall cut down any tree or cut off a branch of any tree, or erect or demolish any building or a part of a building or alter or repair the out side of any building, where such action is of a nature to cause obstruction, danger or annoyance, or risk of obstruction, danger or annoyance to any person using a street, without the previous permission in writing of the municipality. (2) The municipality may at any time by notice require that any person doing or proposing to do any of the acts, referred to in sub-section (1) shall refrain from beginning or continuing the act unless he puts up, maintains, and provides from sun set to sun rise with sufficient lighting such hoardings or screens as are specified or described in the notice and may further at any time by notice require the removal, within a time to be specified in the notice, of any hoarding or screen erected in anticipation or in pursuance of any of the said acts. (3) Whoever contravenes the provisions of sub-section (1) or fails to comply with the terms of a notice under sub-section (2) shall be punishable with a fine which shall not be less than twenty five rupees and more than two hundred rupees and when the contravention of non-compliance is a continuing one, with a further fine of ten rupees for every day after the first during which the contravention or non-compliance continues.

(1) No person shall lay out or make or commence to lay out or make a street without the sanction of the municipality. (2) Every person who intends to lay out or make a street shall give notice in writing to the municipality of such intention. (3) Where a municipality has issued an order under clause (b) of section 177 no notice under sub-section (2) shall be deemed to be valid until the particulars required under such order have been furnished to the satisfaction of the municipality.

The municipality may, within one month of the receipt of the notice required by sub-section (2) of section 176 issue -(a) an order directing that for a period therein specified, which shall not be longer than one month from the date of such order, the intended work shall not be proceeded with ; or (b) an order requiring further particulars.

The Municipality may, within two months of the receipt of the notice required by sub-section (2) of section 176 refuse to sanction the proposed street, or may sanction it either absolutely or subject to such written direction as to levelling, metalling, paving means of drainage, direction and width as the municipality may deem fit to issue, and the person laying out or making such streets shall comply with the sanction of the municipality in every particular : Provided that should the municipality neglect or omit for two months after the receipt of such notice, or if an order has been issued under clause (b) of section 177, fails within the period specified in such order, to make and deliver to the person who has given such an order of sanction or refusal in respect thereof, it shall be deemed to have sanctioned the proposed street absolutely.

179. Operation of sanction. Every sanction for the laying out or making of a street which shall be given or be deemed to have been given, by a municipality, shall remain in force for one year only from the date of such sanction. Should the laying out or making of the street not have been commenced within the said period of one year, the sanction shall be deemed to have lapsed, but such lapse shall not bar any subsequent application for fresh sanction under the foregoing provisions of this Act. Explanation.- A street shall be deemed to be made or laid out when it is demarcated on the ground made by permanent boundary marks.

180. Penalty. Whoever begins, continues or completes the laying out or making of a street without giving the notice required by section 176 or in contravention of any written directions made under section 178 or of any bye-law or provision of this Act, shall be liable to a fine which shall not be less than fifty rupees and more than five hundred rupees.

In any case where the municipality considers that any land is being or has been laid out as a street without the notice required by section 176 having been given or in contravention of any written direction made by the municipality under section 178 or of any bye-law or provisions of this Act, the municipality may, by notice in writing, require the owner of the land to alter the street in such manner as it deems necessary.

182. Power to require repairs of streets and to declare such street public. (1) (a) When the municipality considers that in any street other than a public street, or in any part of such street within the municipal area, it is necessary for the public health, convenience or safety, that any work should be done for the levelling or cleaning thereof the municipality may by written notice require the owner or owners of such streets or part thereof, to carry out such works in a manner and within a time to be specified in such notice. (b) Should the owner refuse or should he fail to carry out the work in the time specified, the municipality may, by written notice, require the owners of the land or buildings, fronting, adjoining, or abutting upon such street or part thereof to carry out the work in such manner and within such time as may be specified in the notice. (2) If compliance with the terms of the notice issued under clause (b) of sub-section (1) is not effected within the time specified, the municipality may, if it thinks fit, itself execute the work and may recover, as arrears of tax under section 87, the expenses incurred in doing so in such proportion as it may deem equitable from the owner of the street and the persons served with a notice under clause (b) of sub-section (1). (3) After such work has been carried out by the persons served with a notice under clause (b) of sub-section (1) or as provided in sub-section (2) by the municipality at the expense of such persons and the owner of the street, the street or part thereof, in which such work has been done, may and on the requisition of the owner or owners of the major portion of the said street or part thereof or on the requisition of a majority of the persons served with a notice under clause (b) of sub-section (1), it shall be declared by a public notice to be put up therein by the municipality to be a public street and shall vest in the municipality. (4) A municipality may at any time, by notice fixed up in any street or part thereof not maintainable by the municipality, give intimation of their intention to declare the same a public street, and unless within one month next after such notice has been so put up, the owner or any one of several owners of such street or such part of a street, lodge objection thereto at the municipal office, the municipality may, by notice in writing, put up in such street, or such part, declare the same to be a public street vested in the municipality.

(1) Whoever, without the written permission of the municipality, makes any immovable encroachment on or under any street, on, over or under any sewer, or water course, or erects or re-erects any immovable overhanging structure projecting into a street at any point about the said ground level, shall be punishable with a fine which shall not be less than twenty five rupees and more than two hundred rupees. (2) Without prejudice to the provisions of sub-section (1), the municipality may, by notice, call upon any person who has committed a breach of the provisions contained in the said sub-section to stop the un-authorised construction forthwith and to remove or alter such immovable encroachment or over hanging structure as aforesaid within a period of seven days and if such person fails to show cause to the satisfaction of the municipality within the said period of seven days, the municipality may itself take such measures as may appear to it to be necessary to give effect to the order and the cost of such measures shall, if not paid on demand being made to him, be recoverable from such person as arrears of land revenue.

184. Permission of occupation of public street and removal of obstruction. (1) The municipality may grant permission in writing, on such conditions as may be approved by the Deputy Commissioner for the safety or convenience of persons passing by or dwelling or working in the neighbourhood, and may at its discretion withdraw the permission, to any person to - (a) place in front of any building any moveable encroachment upon the ground level of any public street or over or on any sewer drain or water course or any moveable over hanging structure projecting into such public street at a point above the said ground level ; (b) take up or alter the pavement or other materials for the fences of posts of any public street ; (c) deposit or cause to be deposited building materials, goods for sale, or other articles on any public street ; (d) make any hole or excavation on, in or under any street, or remove materials from beneath any street, so as to cause risk of subsidence; or (e) erect or set up any fence, post, stall or scaffolding in any public street, and may charge fees according to a scale to be approved by the Deputy Commissioner for such permission. (2) Whoever does any of the acts mentioned in sub-section (1) without the written permission of the municipality shall be punishable with a fine which shall not be less than twenty five rupees and more than two hundred rupees and the municipality or the Executive Officer or the Secretary or the Health Officer or any person authorised by the municipality may,- (i) after reasonable opportunity has been given to the owner to remove his material and if he has failed to do so, remove or cause to be removed by the Police, or any other agency, any such moveable encroachments or over hanging structures and any such material, goods or articles of merchandise and any such fence, post, stall, or scaffolding ; (ii) take measures to restore the street to the condition it was in before any such alteration, excavation or damage. (3) If the material specified in clause (i) of sub-section (2) has not been claimed by the owner within a fortnight of its having been deposited for safe custody by the municipality or if the owner fails to pay to the municipality the actual cost of removal or deposit in safe custody, the municipality may have the material sold by auction at the risk of the owner, and the balance of the proceeds of such sale shall after deduction of the expenditure incurred by the municipality be paid to the owner, or if the owner cannot be found, or refuses to accept payment the balance shall be kept in deposit by the municipality until claimed by the person entitled thereto, and if no claim is made within two years the municipality may credit the amount to the municipal fund. Explanation.- For the purposes of this section moveable encroachment includes a seat or settee, and moveable over hanging structure includes an awning of any material.

185. Powers of Deputy Commissioner to remove encroachments. Notwithstanding anything contained in sections 183 and 184, the Deputy Commissioner may, within his jurisdiction, order any person responsible for any encroachment as specified in sections 183 and 184 to remove or alter such encroachment within a specified time not exceeding two weeks and on non-compliance with such order may remove or alter such encroachment and recover all expenses thereby incurred from the person, as arrears of tax under section 87.

186. Powers to regulate line of a street. (1) Should any house, shop, wall or other building or part of a building project beyond the regular line of a street, either as existing or as determined for the future, or beyond the front of the building on either side thereof, the municipality may, whenever such house, shop, wall or other building or part thereof , has been either entirely or in greater part taken down or burned down, or has fallen down, by notice require such building or part when being rebuilt to be set back to or towards the said regular line or the front of the adjoining buildings ; and the portion of the land added to the street by such setting back or removal shall become a part of the street and shall vest in the municipality : Provided that the municipality shall make full compensation to the owner of the building, or of the land thus vacated, for any damage he may sustain in consequence of his building or any part thereof being set back. (2) The municipality may, on such terms as it may think fit, allow any building to be set forward for the improvement of the line of the street.

187. Government streets. Notwithstanding anything contained in sections 183, 184 or 186, or in clause (v) of section 202 and subject to any general or special order that the State Government may make in this behalf, if any street is vested in the State Government - (a) the municipality shall not, in respect of such street, grant permission to do any act the doing of which without the written permission of the municipality is punishable under section 183 or section 184 or allow any building to be set forward under the provisions of sub-section (2) of section 186 except with the sanction of the State Government which may be given in respect of a class of cases generally or in respect of a particular case; (b) the municipality shall, if so required by the State Government, exercise the power conferred upon it by sub-section (2) of section 183 or sub-section (2) of section 184 or sub-section (1) of section 186 or clause (v) of section 202 or any bye-law made in exercise of the power conferred by clause (v) of section 202 in respect of any encroachment or over hanging structure on or over such street or any material, goods or articles of merchandise deposited on such street, or fence, post, stall or scaffolding erected or set up in any such street or in respect of any building or part of a building which projects beyond the regular line of such street.

188. Removal of overhanging structures. The municipality may, subject to the payment of reasonable compensation, by notice require the owner or occupier of any building within a period of not less than six weeks, to be specified in such notice, to remove or alter any balcony, projection, structure or verandah, erected with the sanction of the municipality, over hanging, projecting into or encroaching on any street or on any drain, sewer or aqueduct therein.

The municipality may attach to the outside of any building brackets for lamps in such manner as not to occasion any injury thereto or inconvenience.

190. Construction of stalls. The municipality may, and if so required by the State Government shall construct stalls, and shall lease them out to any person on such conditions as the State Government may by general or special order specify.

191. Destroying direction, posts, lamp-posts etc. Whoever, without being authorised by the municipality, defaces or disturbs any municipal directions-post, lamp post or lamp or extinguishes any municipal light, any public place, shall be punishable with a fine which shall not be less than twenty five rupees and more than two hundred rupees.

(1) Whoever, without the consent of the owner or occupier or other person for the time being in-charge, affixes any posting bill, notice placard or other paper or means of advertisement against or upon any building, wall, tree, board, fence or pale or writes upon soils, defaces or marks any such building, wall, tree, board, fence or pale, with chalk or paint or in any other way whatsoever, shall be punishable with a fine which shall not be less than twenty five rupees and more than two hundred rupees.

(2) Notwithstanding anything contained in section 247 a court may take cognizance of an offence under sub-section (1) of this section upon the complaint of the owner or occupier or other person incharge of the property in respect of which offence is alleged to have been committed.

193. Names or numbers of streets, buildings etc. (1) The municipality may cause a name or number to be given to any street, chowk, locality or building, and to be affixed on any chowk, locality or building in such place as it may think fit.

(2) Whoever shall destroy, pull down or deface any name or number affixed to any street, chowk, locality or building under this section, or put up any different name or number from that put up by order of the municipality shall be punishable with a fine which shall not be less than twenty five rupees and more than two hundred rupees.

The municipality may, where it appears to be necessary for the prevention of danger to life or property by public notice, prohibit all persons from stacking or collecting timber, wood, dry grass, straw or other inflammable materials, or placing mats or thatched huts or lighting fires in any place or within any limits specified in the notice.

The municipality may direct that, within certain limits, to be fixed by it, the roofs and external walls of huts or other buildings shall not be made or renewed of grass, mats, leaves or other highly inflammable materials without the permission of the municipality in writing; and the municipality may, by written notice, require any person, who has disobeyed any such direction, remove or alter the roofs or walls so made or renewed, as it may think fit.

196. Picketing animals and collecting carts. (1) Whoever, without the permission of the municipality, pickets animals or collects carts on any street, or uses any street as a halting place, for vehicles or animals of any description or as a place of encampment or causes or permits animals to stray shall be punishable with a fine which shall not be less than twenty five rupees and more than two hundred rupees.

(2) Any animal found picketed, tethered or straying on any public street without the permission of the municipality may be removed to a pound by any employee of the municipality or by a police officer.

197. Driving vehicles without proper lights. (1) Whoever drives or propels any vehicle not properly supplied with lights in any street during the period from half an hour after sun-set to half an hour before sun-rise, shall be punishable with a fine which shall not be less than twenty five rupees and more than two hundred rupees.

(2) Whoever, in driving, leading or propelling vehicle along a street, fails without reasonable excuse - (a) to keep to the left, or (b) when he is passing vehicle going in the same direction, to keep to right of that vehicle shall be liable to a fine which shall not be less than twenty five rupees and more than two hundred rupees.

198. Beating drums etc. Whoever, in contravention of any general or special prohibition issued by the municipality without the permission of the municipality, beats a drum or tomtom, blows a horn or trumpet or beats or sounds any brass or other instrument or utensil, shall be punishable with a fine which shall not be less than twenty five rupees and more than two hundred rupees.

Explanation-I.- In the case of bands, each individual member of such band shall be punishable under this section.

Explanation-II.- For the purposes of this section "instrument" shall include a gramophone, a wireless receiver, a loudspeaker or any electrically or mechanically operated instrument capable of producing loud noises.

199. Discharging fire-arms, etc. Whoever discharges fire arms or lets off fire works, fire balloons or detonators, or engages in any game, in such a manner as to cause or likely to cause, danger to persons passing by a dwelling or working in the neighbourhood, or risk of injury to property, shall be punishable with a fine which shall not be less than twenty five rupees and more than two hundred rupees.

200. Building operations, quarrying, blasting or cutting timber. Whoever quarries, blasts, cuts timber or carries on building operations in such a manner as to cause, or to be likely to cause, danger to persons passing by or dwelling or working in the neighbourhood shall be punishable with a fine which shall not be less than twenty five rupees and more than two hundred rupees.

201. Powers to levy fee at fair. A municipality may, with the previous sanction of the Deputy Commissioner, levy small fees on each person attending a fair on which the municipality incurs expenditure under clause (j) of sub-section (2) of section 53 and on persons exposing goods for sale and all persons carrying on any occupation for gain, except water carriers, scavengers and others employed in connection with the fair, for defraying the cost of sanitary arrangements, watch and ward and the like.