Chapter XI ACCOUNTS AND AUDIT

(1) There shall be kept in such manner and in such form as may be prescribed by regulations accounts of receipts and expenditure of the Corporation. (2) Till regulations as mentioned in sub-section (1) are framed, the provisions of the Himachal Pradesh Municipal Account Code, 1975, presently in force in respect of the municipalities shall be applicable. (3) The accounts of the Municipal Corporation Fund shall be audited by a separate and independent audit agency. (4) For the purposes of examination and audit of the Corporation accounts, the audit agency shall have access to all the Corporation Accounts and to all records and correspondence relating thereto and the Commissioner shall forthwith furnish to the audit agency any explanation concerning any receipts or expenditure which they may call for.

(1) The audit agency shall,- (a) report to the Corporation any material impropriety or irregularity which it may at any time observe in the expenditure or in the recovery of moneys due to the Corporation or in the Corporation accounts; (b) furnish to the Corporation such information as it may from time to time require concerning the progress of the audit. (2) On receipt of the report under sub-section (1) the Corporation shall take such action thereon as may be deemed necessary. (3) As soon as may be after the commencement of each year, the audit agency shall deliver to the Corporation, a report of the entire Corporation accounts for the previous year. (4) The Commissioner shall cause the said report to be printed and shall forward as soon as may be a printed copy thereof to each member.

(1) The Commissioner shall, as soon as may be, remedy defects or irregularities if any, pointed out in the said report and shall also forward without delay to the Government so many copies of the said report as may be required by the Government with a brief statement of the action, if any, taken or proposed to be taken thereon. (2) If there is a difference of opinion between the audit agency and the Commissioner or if the Commissioner does not remedy the defects or irregularities pointed out in the report within a reasonable period, the audit agency shall refer the matter to the Secretary, Local Government Department whose decision shall be final and binding.

(1) Audit agency shall audit the accounts of the Corporation with the assistance of officers and other employees subordinate to it. (2) In the discharge of his functions under this section, the auditor shall- (a) audit the accounts of expenditure of the Corporation and shall ascertain whether moneys shown therein as having been disbursed were legally available for, and applicable to the service or purpose to which they have been applied or charged, and whether the expenditure conforms to the authority which governs it; (b) audit the accounts of debt, deposits, sinking funds, advances, suspense and remittance transactions of the Corporation and report upon those accounts and upon the results of verification of the balances relating thereto. (3) The auditor shall examine and audit the statement of accounts relating to the commercial services conducted in any department of the Corporation, including the trading, manufacturing and profit and loss accounts, and the balance-sheets where such accounts are maintained under the order of the Corporation, and shall certify and report upon these accounts. (4) The auditor shall, in consultation with the Commissioner and subject to any directions given by the Government, determine the form and manner to which his reports on the accounts of the Corporation shall be prepared and shall have authority to call upon any officer of the Corporation to provide any information necessary for the preparation of these reports.

(1) The auditor may make such queries and observations in relation to and of the accounts of the Corporation which he is required to audit and call for such vouchers, statements, returns and explanations in relation to such accounts as he may think fit. (2) Every such query or observation as aforesaid shall be promptly taken into consideration by the officer or authority to whom it may be addressed and returned without delay with the necessary vouchers, documents or explanations to the auditor. (3) The powers of the auditor with regard to the disapproval of, and the procedure with regard to the settlement of objections to the expenditure from the revenues of the Corporation shall be such as may be prescribed in consultation with the auditor. (4) If the auditor considers it desirable that the whole or any part of the audit applied to any accounts which he is required to audit shall be conducted in the offices in which those accounts originate, he may require that those accounts together with all books and documents having relation thereto shall at all convenient times be made available to the said officers for inspection. (5) The auditor shall have the power to require that any books or other documents relating to the accounts he is required to audit shall be sent for inspection by him: Provided that if the documents are confidential he shall be responsible for preventing disclosure of their contents. (6) The audit agency shall have authority to frame standing orders and to give directions on all matters relating to audit, and particularly in respect of the method and the extent of audit to be applied and the raising and pursuing of objections.

In this Chapter, unless the context otherwise requires, the following words and expressions in relation to water supply shall have the respective meanings given below, namely- (1) "communication pipe" means - (a) where the premises supplied with water about on the part of the street in which the main is laid, and the service pipe enters those premises otherwise than through the outer wall of a building on the street and has a stopcock placed in those premises and as near to the boundary of that street as is reasonably practicable, so much of the service pipe as lies between the main and that stopcock; (b) in any other case, so much of the service pipe as lies between the main and the boundary of the street in which the main is laid, and includes the ferrule at the junction of the service pipe with the main, and also- (i) where the communication pipe ends at a stopcock that stopcock; and (ii) any stopcock fitted on the communication pipe between the end thereof and the main; (2) "main" means a pipe laid by the Corporation for the purpose of giving a general supply of water individual consumers and includes any apparatus used in connection with such a pipe; (3) "service pipe" means so much of any pipe for supplying water from a main to any premises as is subject to water pressure from that main, or would be so subject but for the closing of some tap; (4) "supply pipe" means so much of any service pipe which is not a communication pipe; (5) "trunk main" means a main constructed for the purposes of conveying water from a source of supply to a filter or reservoir or from one filter or, reservoir to another filter or reservoir, or for the purpose of conveying water in bulk from one part of the limits of supply to another part of those limits or for the purpose of giving or taking a supply of water in bulk; (6) "water fitting" includes pipes (other than mains) taps, cocks, valves, ferrules, meters, cisterns, baths and other similar apparatus used in connection with the supply and use of water. (1) in any other case, so much of the service pipe as lies between the main and the boundary of the street in which the main is laid, and includes the ferrule at the junction of the service pipe with the main, and also- (i) where the communication pipe ends at a stopcock that stopcock; and (ii) any stopcock fitted on the communication pipe between the end thereof and the main; (2) "main" means a pipe laid by the Corporation for the purpose of giving a general supply of water individual consumers and includes any apparatus used in connection with such a pipe; (3) "service pipe" means so much of any pipe for supplying water from a main to any premises as is subject to water pressure from that main, or would be so subject but for the closing of some tap; (4) "supply pipe" means so much of any service pipe which is not a communication pipe; (5) "trunk main" means a main constructed for the purposes of conveying water from a source of supply to a filter or reservoir or from one filter or, reservoir to another filter or reservoir, or for the purpose of conveying water in bulk from one part of the limits of supply to another part of those limits or for the purpose of giving or taking a supply of water in bulk; (6) "water fitting" includes pipes (other than mains) taps, cocks, valves, ferrules, meters, cisterns, baths and other similar apparatus used in connection with the supply and use of water.

The Government may require the Corporation to - (a) carry out a survey of the existing consumption of and demand for water supplies in the municipal area and of the water resources in or available for the municipal area; (b) prepare an estimate of the future water supply requirements of the municipal area; (c) carry out a survey of the existing quality of sewage disposed of and the manner in which it is disposed of; (d) formulate proposals as to - (i) the existing or future sewage disposal requirements of the municipal area, (ii) the existing or future sewage disposal requirements in the municipal area including proposals for the manner in which and the place or places at which such sewage should be carried, treated and disposed of.

If the Corporation is of the opinion that the works and other properties for the time being vested in it for the purpose of water supply, drainage and sewage disposal are inadequate for the purpose of sufficient supply of water or for the purpose of proper drainage and efficient disposal of sewage under this Act, it may take steps in accordance with the provisions of this Act for the construction of additional works, whether within or outside the limits of the Corporation and for the acquisition of additional properties for such works.

(1) It shall be the duty of the Corporation to take steps from time to time- (a) for ascertaining the sufficiency and wholesomeness of water supplies within the municipal area; (b) for providing a supply of wholesome water in pipes to every part of the municipal area in which there are houses for the domestic purpose of the occupants thereof, and for taking the pipes affording that supply to such point or points will enable the houses to be connected thereto at a reasonable cost, so, however, that this clause shall not require the Corporation to do anything which is not practicable at a reasonable cost or to provide such supply to any part of municipal area where such a supply is already available at such point or points aforesaid; (c) for providing, as far as possible, a supply of wholesome water otherwise than in pipes to every part of the municipal area in which there are houses, for the domestic purposes of the occupants thereof and to which it is not practicable to provide a supply in pipes at a reasonable cost, and in which danger to health arises from the insufficiency or unwholesomeness of the existing supply and a public supply is required and can be provided at a reasonable cost, and for securing that such supply is available within a reasonable distance of every house in that part. (2) If any question arises under clause (b) of sub-section (1) as to whether anything is or is not practicable at a reasonable cost or is to the point or points, to which pipes must be taken in order to enable houses to be connected to them at reasonable cost, or under clause (c) thereof as to whether a public supply can be provided at a reasonable cost the Corporation shall determine that question and thereupon the Commissioner shall give effect to that determination.

(1) The Commissioner may, on application by the owner of any building arrange for supplying water from the nearest main to such building for domestic purposes in such quantities as he deems reasonable, and may at any time limit the amount of water to be supplied whenever he considers necessary. (2) Apart from the charges for the domestic supply at rates as may be fixed by the Government, additional charges will be payable for the following supplies of water:- (a) for animals or for washing 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 purposes; (d) for gardens or for purposes of irrigation; (e) for watering roads and paths; (f) for building purposes.

(1) The Commissioner may supply water for any purpose other than a domestic purpose on such terms and conditions consistent with this Act and the bye-laws made thereunder as may be laid down in this behalf by the Corporation in receiving a written application specifying the purpose for which the 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 a 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) The Commissioner may withdraw such supply at any time if it should appear necessary to do so in order to maintain a sufficient supply of water for domestic purposes.

(1) Where an application under section 170 or section 171 has been received, all necessary communication pipes and fittings shall be supplied by the Corporation and the work of laying and applying such communication pipes and fittings shall be executed by Corporation agency under the orders of the Commissioner, 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 Corporation 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 contained in sub-section (1), the Commissioner 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 his supervision and inspection all the work of laying and applying such communication pipes and fittings.

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 170 or section 171 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 Corporation 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 170 or section 171 when due, or to give notice as provided in the last preceding section, or wilfully or negligently misuses or causes waste of water the Corporation may cut off the supply of water from the said premises.

It shall not be lawful for the owner of any premises which may be newly constructed or reconstructed within any portion of the municipal area, in respect of which the Commissioner has given public notice under clause (b) of section 87 to occupy it or cause or permit it to be occupied until he has obtained a certificate from the Commissioner that there is provided within, or within a reasonable distance of, the premises, such supply of wholesome water as appears to the Commissioner to be adequate for the person who may occupy, or be employed in, such premises for their domestic purposes.

(1) The Commissioner, with the approval of the Corporation, may provide gratuitous supply of wholesome water to the public within the municipal area and may, for that purpose, erect public hydrants or other conveniences. (2) The Commissioner, may, with like approval, close a public hydrant for other convenience when it is no longer, required for the supply of wholesome water to the public.

(1) The Commissioner may, lay a main whether within or outside the limits of the Corporation - (a) in any street; and (b) with the consent of every owner and occupier of any land not forming part of a street, in, over or on that land, and may, from time to time in respect of, repair, alter or renew or may at any time remove any main so laid whether by virtue of this section or otherwise : Provided that where a consent required for the purpose of this sub-section is withheld, the Commissioner may, after giving the owner or occupier of the land a written notice of his intention so to do, lay the main in, over or on that land even without such consent. (2) Where the Commissioner, in exercise of the powers under this section lays a main, in, over or on any land not forming part of a street or inspects, repairs, alters, renews or removes a main so laid down in, over or on any such land, he shall pay compensation to every person interested in that land for any damage done to, or injurious affection of that land by reasons of the inspection, laying, repair, alteration, renewal or removal of the main.

(1) The Commissioner may, in any street, whether within or outside the limits of the Corporation, lay such service pipes with such stopcocks and other water fittings as he may deem necessary for supplying water to premises and may, from time to time, inspect, repair, alter or renew and may at any time, remove any service pipe laid in a street whether by virtue of this section or otherwise. (2) Where a service pipe has been lawfully laid in, over or on the land not forming part of a street, the Commissioner may, from time to time, enter upon that land and inspect, repair, alter, renew or remove the pipe or lay a new pipe in substitution thereof but shall pay compensation for any damage done in the course of such action.

(1) The Commissioner shall fix hydrants on water mains (other than trunk mains) at such places as may be most convenient for affording supply of water for extinguishing any fire which may break out and shall keep in good order and from time to time renew every such hydrant. (2) To denote the situation of every hydrant placed under this section, letters, marks or figures shall be displayed prominently on some wall, building or other structure near such hydrant. (3) As soon as any such hydrant is completed, the Commissioner shall deposit a key thereof at each place where a public fire engine is kept and in such other places as he deems necessary. (4) The Commissioner may at the request and expense of the owner or occupier of any factory, workshop trade premises or place of business, situated in or near a street in which a pipe is laid (and not being a trunk main and being of sufficient dimensions to carry a hydrant), fix on the pipe and keep in good order from time to time to renew one or more fire hydrants to be used only for extinguishing fires as near as conveniently may be to that factory, workshop, trade premises or place of business. (5) The Commissioner shall allow all persons to take water for extinguishing fires from any pipe on which a hydrant is fixed without any payment.

The Commissioner or any Corporation officer authorised by the Commissioner in writing may, between sunrise and sunset, enter any premises supplied with water by the Corporation in order to examine if there be any waste or misuse of such water and the Commissioner or such officer shall not be refused admittance to the premises nor shall be obstructed by any person in making his examination.

The Commissioner may test any water fittings used in connection with water supplied by the Corporation.

(1) If the Commissioner is of opinion that the water in or obtained from any well, tank or other source of supply not vested in the Corporation, being water which is or is likely to be used for domestic purposes, or for the preparation of food or drink for human consumption, or is likely to become so polluted as to be prejudicial to health, the Commissioner may after giving the owner or occupier of the premises in which the source of supply is situated a reasonable opportunity of being heard, by order direct, that the source of supply be permanently or temporarily closed or cut off or the water therefrom be used for certain purposes only or make such order as appears to him necessary to prevent injury or danger to the health of persons using the water or consuming food or drink prepared therewith or therefrom. (2) Before making any order under this section, the Commissioner may cause the water to be analysed at the cost of the Corporation. (3) If the person to whom an order is made under this section fails to comply therewith, the Commissioner may do whatever may be necessary for giving effect to the order and any expenses reasonably incurred by him in so doing may be recovered by him from the person in default as an arrear of tax under this Act.

(1) No water pipes shall be laid in a drain or on the surface of any open channel or house gully or within six meters of a cesspool or in any position where the pipe is likely to be injured or the water therein polluted; and no well or tank except with the consent of the Commissioner, no cistern shall be constructed within six meters of a latrine or cesspool. (2) No latrine or cesspool shall be constructed or made within six meters of any well, tank, water pipe or cistern or in any position where the pipe, well, tank or cistern is likely to be injured or the water therein polluted.

If any offence relating to water supply is committed under this Act on any premises connected with the Corporation water works the owner, the person primarily liable for the payment of the water tax, and the occupiers of the said premises shall be jointly and severally liable for such offence.

(1) All public drains, all drains in, alongside or under any street, and all sewage disposal works whether constructed out of the Corporation Fund or otherwise and all works, materials and things pertaining thereto which are situated in the municipal area shall vest in the Corporation. (2) All public and other drains which are vested in the Corporation are hereafter in this Act referred to as Corporation drains. (3) For the purpose of enlarging, deepening or otherwise repairing or maintaining any drain or sewage disposal work so much of the sub-soil pertaining thereto as may be necessary for the said purposes shall also be deemed to vest in the Corporation. (4) All drains and ventilation-shafts, pipes and all appliances and fittings connected with the drainage works constructed, erected or set up out of the Corporation Fund in or upon premises not belonging to the Corporation, whether - (a) before or after the commencement of this Act, and (b) for the use of the owner or occupier of such premises or not, shall unless the Corporation has otherwise determined, or does at any time otherwise determine, vest and be deemed always to have vested in the Corporation.

(1) All Corporation drains, all sewage disposal works and works, materials and things appertaining thereto, shall be under the control of the Commissioner. (2) The Commissioner shall maintain and keep in repair all municipal drains and sewage disposal works and when authorised by the Corporation in this behalf, shall construct as may new drains and sewage disposal works as may from time to time be necessary for effectual drainage and sewage disposal.

No person shall throw, empty, or turn into any Corporation drain or into any drain communicating with a Corporation drain- (a) any matter likely to injure the drain or to interfere with the free flow of its contents, or to affect prejudicially the treatment and disposal of its contents; or (b) any chemical, refuse or waste steam, or any liquid of a temperature higher than forty five degrees Celsius being refuse or steam which or a liquid which when so heated is either alone or in combination with the contents of the drain, dangerous or the cause of nuisance, prejudicial to health; or (c) any dangerous petroleum. Explanation.- "In this section the expression" "dangerous petroleum" has the same meaning as is assigned to it in the Petroleum Act, 1934 (30 of 1934).

(1) Subject to such conditions as may be prescribed by bye-laws made in this behalf, the owner or occupier of any premises having a private drain, or the owner of any private drain within the municipal area may apply to the Commissioner to have his drain made to communicate with the drains and thereby to discharge foul water and surface water from those premises or that private drain: Provided that nothing in this sub-section shall entitle any person- (a) to discharge directly or indirectly into any Corporation drain - (i) any trade effluent from any trade premises except in accordance with bylaws made in this behalf; or (ii) any liquid or other matter the discharge of which into Corporation drains is prohibited by or under this Act or any other law; or (b) where separate Corporation drains are provided for foul water and for surface water to discharge directly or indirectly,- (i) foul water into a drain provided for surface water; or (ii) except with the permission of the Commissioner, surface water into drain provided for foul water; or (c) to have his drains made to communicate directly with a storm water overflow drain. (2) Any person desirous of availing himself of the provisions of sub-section (1), shall give to the Commissioner a notice of his proposals, and at any time within one month after receipt thereof, the Commissioner may by notice to him refuse to permit the communication to be made, if it appears to him that the mode of construction or condition of the drain is such that the making of the communication would be prejudicial to the drainage system, and for the purpose of examining the mode of construction and condition of the drain he may, if necessary, require it to be laid open for inspection. (3) The Commissioner may, if he thinks fit, construct such part of the work necessary for having a private drain made to communicate with the municipal drain as is in or under a public street and in such a case the expenses incurred by the Commissioner, shall be paid by the owner or occupier of the premises, or as the case may be, the owner of the private drain and shall be recoverable from the owner or occupier as an arrear of tax under this Act.

(1) Where any premises are in the opinion of the Commissioner, without sufficient means of effectual drainage and a municipal drain or some place approved by the Commissioner for the discharge of filth and other polluted and obnoxious matter is situated at a distance of not exceeding thirty metres from any part of the said premises, he may, by written notice require the owner of the said premises- (a) to make a drain emptying into such Corporation drain or place; (b) to provide and set up all such appliances and fittings as may appear to the Commissioner necessary for the purpose of gathering and receiving the filth and other polluted and obnoxious matter from and conveying the same off, the said promises and of effectually flushing such drain and every fixture connected therewith; (c) to remove any existing drain or other appliance or thing used or intended to be used for drainage which is injurious to health; (d) to provide a close drain in substitution of an open drain or to provide such other appliance or thing either newly or in substitution of any existing appliance or thing or to provide both a closed drain and such other appliance or thing in substitution of the existing open drain and other appliance or thing which is or is likely to be injurious to health; (e) to provide and set up all such appliances and fittings as may appear to the Commissioner to be necessary for the purpose of gathering and receiving the waste water from floors and galleries of buildings when they are washed and conveying the same through spouts, by down take pipes so as to prevent such waste water from discharging directly on streets or inside and lower portion of the premises; (f) to carry out any work to improve or re-model an existing drain which is inadequate, insufficient or faulty. (2) Where in any case not provided for in sub-section (1), any premises are in the opinion of the Commissioner, without sufficient means of effectual drainage, he may, by written notice, require the owner of the premises - (a) to construct a drain up to a point to be prescribed in such notice but not at a distance of more than thirty metres from any part of the premises; or (b) to construct a close cesspool a soakage pit and drain or drains supplying into such cesspool or soakage pit. (3) Any requisition for the construction of any drain under sub-section (2) may contain any of the details specified in sub-section (1).

(1) It shall not be lawful to erect or to re-erect any premises in the municipal area or to occupy any such premises unless - (a) a drain be constructed of such size, materials, and with such fall as shall appear to the Commissioner to be necessary for the effectual drainage of such premises; (b) there have been provided and set up on such premises, such appliances and fittings as may appear to the Commissioner to be necessary for the purpose of gathering or receiving the filth and other polluted and obnoxious matter from, and conveying the same off, the said premises and of effectually flushing the drain of the said premises and every fixture connected therewith. (2) The drain so constructed shall empty into a Corporation drain situated at a distance of not exceeding thirty metres from the premises, but if no Corporation drain is situated within that distance then such drain shall empty into a cesspool situated within that distance. to be specified by the Commissioner for the purpose.

(1) If it appears to the Commissioner that any group or block of premises may be drained more economically or advantageously in combination than separately, and a Corporation drain of sufficient size already exists or is about to be constructed within thirty metres of any part of that group or block of premises, the Commissioner may cause that group or block of premises, to be drained by a combined operation. (2) The expenses incurred in carrying out any work under sub-section (1) in respect of any group or block of premises shall be paid by the owners of such premises in such proportion as the Commissioner may determine and shall be recoverable from them as an arrear of tax under this Act. (3) Not less than fifteen days, before any such work is commenced, the Commissioner shall give to each such owner - (a) written notice of the nature of the proposed work; and (b) an estimate of the expenses to be incurred in respect thereof and of the proportion or such expenses payable by him. (4) The Commissioner may require the owners of such group or block of premises to maintain the work executed under this section.

Where a drain connecting any premises with a Corporation drain is sufficient for the effectual drainage of such premises and is otherwise unobjectionable but is not in the opinion of the Commissioner, adapted to the general system of drainage in the municipal area, he may by written notice addressed to the owner of the premises, direct - (a) that such drain be closed, discontinued or destroyed and that any work necessary for that purpose be done; or (b) that such drain shall, from such date as may be specified in the notice in this behalf, be used for filth and polluted water only or for rain water and un-polluted sub-soil water only : Provided that - (i) no drain may be closed, discontinued or destroyed by the Commissioner under clause (a) except on condition of his providing another drain equally effectual for the drainage of the premises and communicating with any Corporation drain which he thinks fit; and (ii) the expenses of the construction of any drain so provided by the Corporation and of any work done under clause (a) may be paid out of the Corporation Fund.

(1) Where the Commissioner either on receipt of an application from the owner of any premises or otherwise is of opinion that the only or the most convenient means of effectual drainage of the premises into Corporation drain is through a drain belonging to another person, the Commissioner may, by notice in writing, require the owner of such drain to show cause within a period specified in the notice as to why an order under this section should not be made. (2) Where no cause is shown within the specified period or the cause shown appears to the Commissioner invalid or insufficient, the Commissioner may, by in writing, either authorise the owner of the premises to use the drain or declare him to be joint owner thereof. (3) An order made under sub-section (2) may contain directions as to- (a) the payment of rent or compensation by the owner of the premises; (b) the construction of a drain for the premises for the purpose of connecting with the aforesaid drain; (c) the entry upon the land in which the aforesaid drain is situated with assistants and workmen at all reasonable hours; and (d) the respective responsibilities of the parties for maintaining, repairing, flushing, cleaning and emptying the aforesaid drain.

Wherever it is provided in this Chapter that steps shall or may be taken for the effectual drainage of any premises, it shall be competent for the Commissioner to require that there shall be one drain for filth and polluted water and an entirely distinct drain for rain water and un-polluted sub-soil water or both rain water and un-polluted sub-soil water, each emptying into separate Corporation drains or other suitable places. Commissioners order regarding the use of a drain by a person other than the owner thereof.

For the purpose of efficient drainage of any premises the Commissioner may be notice in writing - (a) require any courtyard, alley or passage between two or more buildings to be paved by the owner of owners of such buildings, with such materials and in a such manner as may be approved by the Commissioner; and (b) require such paving to be kept in proper repair. Non- compliance with requisition for keeping sewage and rain water drains distinct. 10000 1000

The Commissioner may cause any or all of the Corporation drains to empty into, and all sewage to be disposed of at such place or places as he considers suitable: Provided that no place which has been not before the commencement of this Act used for any of the purposes specified in this section, shall after such commencement be used therefor without the approval of the Corporation: Provided further that on and after such date as may be appointed by the Government in this behalf no sewage shall be discharged into any water course until it has been so treated as not to affect prejudicially the purity and quality of the water into which it is discharged.

Without the written permission of Commissioner, no person shall for any purpose whatsoever, at any time make or cause to be made any connection or communication with any drain referred to in section 186 or any water-works, constructed or maintained by, or vested in the Corporation. Non- compliance with requisition for the payment of court- yard etc. 5000 500

(1) Without the written permission of the Commissioner no railway or private street, shall be constructed and no building, wall, fence or other structure shall be erected on any municipal drain or on any waterworks constructed or maintained by or vested, in the Corporation. (2) If any railway or private street be constructed or any building, wall, fence or structure erected on any drain or water-works as aforesaid without the written permission, the Commissioner may remove or otherwise deal with the same as he may think fit. (3) The expenses incurred by the Commissioner in so doing shall be paid by the owner of the private street or of the building, fence, wall or other structure as the case may be, by the railway administration or the person offending and shall be recoverable as an arrear of tax under this Act.

(1) The Commissioner may place and maintain aqueducts, conduits and lines of mains or pipes or drains over, under, along or across any immovable property whether within or outside the limits of the municipal area, if necessary through an agreement, and may at any time for the purpose of examining, repairing, altering or removing any aqueducts, conduits or lines of mains or pipes, or drains, after giving a reasonable notice of his intention so to do, enter on any property over, under, along or across which the aqueducts, conduits or lines of mains or pipes or drains have been placed: Provided that the Corporation shall not acquire any right other than a right of user in the property over, under, along or across which any aqueduct, conduit or line of mains or pipes, or drain is placed. (2) The powers conferred by sub-section (1) shall not be exercisable in respect of any property vested in the Government or under the control or management of the Government or railway administration or vested in any local authority save with the permission of the Government or railway administration or the local authority, as the case may be, and in accordance with any bye-laws made in this behalf: Provided that the Commissioner may, without such permission, repair renew or amend any existing works of which the character or positions is not to be altered if such repair, renewal or amendment is urgently necessary in order to maintain without interruption the supply of water, drainage or disposal of sewage or is such that delay would be dangerous to health, human life or property. (3) In the exercise of the powers conferred upon him by this section, the Commissioner shall cause as little damage and inconvenience as may be possible and shall make full compensation for any damage or inconvenience caused by him.

(1) If it appears to the Commissioner that the only or most convenient means of water supply to and drainage of, any premises is by placing, or carrying any pipe or drain over, under, along or across the immovable property of another person, the Commissioner may, by order in writing, authorise the owner of the premises to place or carry such pipe or drain over, under, along or across such immovable property: Provided that before making any such order, the Commissioner shall give to the owner of the immovable property a reasonable opportunity of showing cause within such time as may be prescribed by bye-laws made in this behalf as to why the order should not be made: Provided further that the owner of the premises shall not acquire any right other than a right of user in the property over, under, along or across which any such pipe or drain is placed or carried. (2) Upon the making of an order under sub-section (1), the owner of the premises may, after giving reasonable notice of his intention so to do enter upon the immovable property with assistants and workmen at any time between sun rise and sun set for the purpose of placing a pipe or drain over, under, along or across such immovable property or for the purpose of repairing the same. (3) In placing or carrying a pipe or drain under this section, as little damage as possible shall be done to the immovable property and the owner of the premises shall- (a) cause the pipe or drain to be placed or carried with the least practicable delay : (b) fill in, reinstate and make good at his own cost and with the least practicable delay an land opened, broken up or removed for the purpose of placing or carrying such pipe or drain; and (c) pay compensation to the owner of the immovable property and to any other person who sustains damage by reason of the placing or carrying of such pipe or drain. (4) If the owner of the immovable property, over, under, along or across which a pipe or drain has been placed or carried under this section while such immovable property was not built upon, desires to erect any building on such property, the Commissioner shall by notice in writing, require the owner of the premises to close, remove or divert the pipe or drain in such manner as shall be approved by him and to fill in, reinstate and make good the immovable property as if the pipe or drain had not been placed or carried over, under, along or across the same: Provided that no such requisition shall be made unless in the opinion of the Commissioner it is necessary or expedient for the construction of the proposed building or the safe enjoyment thereof that the pipe or drain should be closed, removed or diverted. (22) the maximum quantity of trade effluent which may, without any consent or permission, be discharged from any trade premises into municipal drains on any one day and the highest rate at which trade effluent may, without such consent or permission, be discharged from any trade premises into municipal drains; (23) the regulation of the temperature of trade effluent at the time of its discharge into municipal drains and the securing of the neutrality of trade effluent (that is to say that is neither acid nor alkaline) at the time of such discharge; (24) the charges to be paid to the Corporation by occupiers of trade premises for the reception of trade effluent into municipal drains and disposal thereof; (25) the provisions and maintenance of such an inspection chamber or main hole as will enable a person readily to take at any time, samples of what is passing into municipal drains from trade premises; and (26) the provision and maintenance of such meters as may be required to measure the volume of any trade effluent being discharged from any trade premises into municipal drains, and the testing of such meters. C. Bye-laws relating to streets.- (1) the closure of streets when any work is in progress and alternative passage during the progress of such work; (2) the erections of a temporary nature during festivals; (3) the setting up of boards on buildings adjacent to streets during their construction or repair; (4) the precautions to be taken when permission is granted to any private individual for opening or breaking up any public street and the fees to be paid for the restoration of a street in its original sanction; (5) the permission, regulation or prohibition of use or occupation of any street or place by itinerant vendors or hawkers or by any person for the sale of articles or the exercise of any calling or the setting up of any booth or stall and the fees chargeable for such occupation. Connection with municipal water works of drains without written permission. 10000 1000 (sub-section (4)) Non- compliance with requisition to close, remove or divert a pipe or drain. 10000 1000

If the Corporation desires to place or carry any pipe or drain or do any other work connected with the water supply or drainage across any railways line, it shall inform the railway administration who may execute the same at the cost of the Corporation. (6) any other matter in connection with the construction, repair, maintenance, naming, numbering and lighting of streets for which provision is necessary or should be made. D. Bye-laws relating to building.- (1) the regulation or restriction of the use of sites for buildings for different areas; (2) the regulation or restriction of buildings in different areas; (3) the form of notice of erection of any building or execution of any work and the fee in respect of the same; (4) the plans and documents to be submitted together with such notice and the information and further information to be furnished; (5) the level and width of foundation, level of lowest floor and stability of structure; (6) the construction of buildings and the materials to be used in the construction of buildings; (7) the height of buildings whether absolute or relative to the width of streets or to different areas; (8) the number and height of storeys composing a building and the height of rooms and the dimensions of rooms intended for human habitation; (9) the provision of open spaces, external and internal and adequate means of light and ventilation; (10) the provision of means of egress in case of fire, fire escapes and water lifting devices; (11) the provision of secondary means of access for the removal of house refuse; (12) the materials and methods of construction of external and party walls, roofs and floors; (13) the position, materials and methods of construction of hearths, smoke escapes, chimneys, staircases, drains, latrines and cesspools; (14) the provisions of lifts; (15) the paving of yards; (16) the restrictions on the use of inflammable materials in buildings;

(1) When under the provisions of this Chapter any person may be required or is liable to execute any work the Commissioner may, in accordance with the provisions of this Act and of any bye-laws made in this behalf, cause such work to be executed after giving such person an opportunity of executing the same within such time as may be specified by him for this purpose. (2) The expenses incurred or likely to be incurred by the Commissioner in the execution of any such work shall be payable by the said person and the expenses incurred by the Commissioner in connection with the maintenance of such work or the enjoyment of amenities and conveniences rendered possible by such work, shall be payable by the person or persons enjoying such amenities and conveniences. (3) The expenses referred to in sub-section (2), shall be recoverable from the person or persons liable therefor as an arrear of tax under this Act. (17) the restrictions on construction of foundation on certain sites; (18) the measures to be taken to protect buildings from damp arising from sub-soil; (19) the wells, tanks and cisterns and pumps for the supply of water for human consumption in connection with buildings; (20) in the case of wells, the dimensions of the well, the manner of enclosing it and if the well is intended for drinking purposes the means which shall be used to prevent pollution of the water; (21) the supervision of buildings; (22) the setting back of garages and shops from the regular line of a street; (23) the construction of portable structures and permission for such construction. E. Bye-laws relating to sanitation and public health.- (1) the position of latrines and urinals; (2) the provision of air spaces between latrines and buildings of places used for various purposes; (3) the white washing of buildings; (4) the provision of living accommodation for sweepers in buildings newly erected requiring ten or more latrines; (5) the regulation or prohibition of the stabling or herding of animals or any class of animals so as to prevent danger to public health; (6) the seizure of ownerless animals straying within the limits of the municipal area and the regulation and control of ponds; (7) the fixing and regulation of the use of public bathing and washing places; (8) the prevention of the spread of dangerous diseases; (9) the segregation in or the removal or expulsion from any part of the municipal area or the destruction of animals suffering or reasonably suspected to be suffering from any infectious or contagious disease; (10) the supervision, regulation, conservation and protection from injury, contamination or trespass of

For the purpose of ventilating any drain or cesspool, whether vested in the Corporation or not, the Commissioner may, in accordance with bye-laws made in this behalf, erect upon any premises or affix to the outside of any building or to any tree any such shaft or pipe as may appear to him to be necessary sources and means of public water supply and of appliances for the distribution of water; (11) the enforcement of compulsory vaccination and inoculation; (12) the proper disposal of corpses, the regulation and management of burning and burial places and other places for the disposal of corpses and the fees chargeable for the use of such places where the same are provided or maintained at the expense of the Corporation Fund. F. Bye-laws relating to public safety and suppression of nuisances.- the regulation or prohibition for the purposes of sanitation or the prevention of disease or the promotion of public safety or conveniences of any act which occasions or is likely to occasion a nuisance and for the regulation or prohibition of which no provision is made elsewhere by this Act. G. Bye-laws relating to markets, slaughter houses, trades and occupations,- (1) the day on, and the hours during which any market or slaughter house may be kept open for use; (2) the regulation of the design, ventilation and drainage of markets and slaughter houses and the materials to be used in the construction thereof; (3) the keeping of markets and slaughter houses and the lands and buildings appertaining thereto in a clean and sanitary condition, the removal of filth, rubbish and other polluted and obnoxious matter therefrom and the supply therein of pure water and of a sufficient number of latrines and urinals for the use of persons using or frequenting the same; (4) the manner in which animals shall be admitted in slaughter houses; (5) the manner in which animals may be slaughtered; (6) the provision of passage of sufficient width between the stalls in market buildings and market places for the convenient use of the public and the prevention of encroachment of such passage; (7) the setting apart of separate areas for different classes of articles in market building and market places;

(1) Where it appears to the Commissioner that there are reasonable grounds for believing that a private drain or cesspool is in such condition as to be prejudicial to health or a nuisance or that a private drain communicating directly or indirectly with a municipal drain, is so defective as to admit sub-soil water, he may examine its condition and for that purpose may apply any test other than a test of water under pressure and if he deems it necessary open the ground. (2) If on examination the drain or cesspool is found to be in proper condition, the Commissioner shall, as soon as possible, reinstate any ground which has been opened by him and make good any damage done by him. (8) the disposal or destruction of animals offered for slaughter which are, from disease or any other cause, unfit for human consumption; (9) the destruction of carcasses which from any disease or any other cause are found after slaughter to be unfit for human consumption; (10) the regulation of the entry of animal into slaughter house and bringing out of the carcasses of such animals safer slaughter and the fee to be paid for use of slaughter houses; (11) the proper custody and care of animals for the keeping of which licences are granted under section 324; (12) the regulation of the import of animals and flesh within the municipal area; (13) the rendering necessity of licences for the use of premises within the municipal area as stables or cow houses or as an accommodation for sheep, goat or buffalo and the fees payable for such licences and the conditions subject to which such licences may be granted, refused, suspended or revoked; (14) the regulation of sarais, hotels, dak bungalows, lodging houses, boarding houses, buildings, let-in-tenements, residential clubs, restaurants, eating houses, cafes, refreshment rooms and places of public; (15) recreation, entertainment or resorts; (16) the control and supervision of places where dangerous offensive trades are carried on so as to secure cleanliness therein or to minimise injurious, offensive or dangerous effects arising or likely to arise therefrom; (17) the regulation of the posting of bills and advertisements and of the position, size, shade or style of the name boards, signing boards and signposts; (18) the fixation of a method for the sale of articles whether by measure, weight, piece or any other method; (19) the procedure regarding grant of permit to establish a factory, workshop or trade premises;

The Government may, for reasons to be recorded, direct that any specified work, repair, renewal or replacement which is to be undertaken by or for the Corporation under this Chapter, shall be carried out on behalf of the Corporation by the Government and the Corporation shall pay the charges therefor at the rate and subject to the terms for the time being applicable in the case of works constructed by the Government on behalf of a local authority. (20) the regulation of smoke in factories, workshop and trade premises; (21) the regulation of sanitary conditions in factories, workshops and trade premises; (22) the regulation of the use in any factories, workshops or trade premises of, whistle, trumper, siren or horn worked by steam, compressed air, electricity or other mechanical means; (23) the prevention of nuisance in any market, building, market place, slaughter house or any factory, workshop or trade premises; H. Bye-laws relating to improvement.- (1) the form and contents of an improvement scheme or a rehousing scheme; (2) the procedure to be followed in connection with the framing, submission, approval and sanction of such scheme; (3) the local inquiries and other hearings that may be held before a scheme is framed, approved or sanctioned; (4) the alteration of an improvement scheme or a rehousing scheme after approval and sanction. I. Bye-laws relating to miscellaneous matters.- (1) the prevention and extinction of fire; (2) the circumstances and the manner in which owners of land or building in the municipal area temporarily absent therefrom or not resident therein may be required to appoint as their agents for all or any of the purposes of this Act or of any bye-laws made thereunder, persons residing within or near the municipal area; (3) the regulation and control of Corporation hospitals and dispensaries; (4) the rendering of necessary licences- (a) for the proprietors or drivers of hackney-carriages, cycles rickshaws, thetas, the rehries kept or plying for hire or used for hawking articles; (b) for persons working as job porters for the conveyance of goods;

(1) No person other than a licensed plumber shall execute any work described in this Chapter and no person shall permit any such work to be executed except by a licensed plumber: Provided that if, in the opinion of the Commissioner, the work is of a tri-vial nature, he may grant permission in writing for the execution of such work by a person other than a licensed plumber. (2) Every person who employs licensed plumber to execute any work shall, when so required, furnish to the Commissioner, the name of such plumber. (3) When any work is executed except in accordance with the provisions of sub-section (1), such work shall be liable to be dismantled at the discretion of the Commissioner without prejudice to the right of the Corporation to prosecute under this Act the person at whose instance such work has been executed. (4) The Corporation may make bye-laws for the guidance of licensed plumbers and a copy of all such bye-laws shall be attached to every licence granted to a plumber by the Corporation. (5) The Corporation may, from time to time, prescribe the charges to be paid to licensed plumbers for any work done by them under or for any of the purposes of this Chapter. (6) No licensed plumber shall, for any work referred to in sub-section (5) demand or receive more than the charges prescribed therefor, under that sub-section. (7) The Corporation shall make bye-laws providing for- (a) the exercise of adequate control on all licensed plumbers; (b) the inspection of all works carried out by them; and (c) the hearing and disposal of complaints made by the owners or occupiers of premises with regard to the quality of work done, material used, delay in execution of work and the charges made by a licensed plumber. (8) No licensed plumber shall contravene any of the bye-laws made under this section or execute carelessly or negligently any work under this Act or make use of bad materials, appliances or fittings. (9) If any licensed plumber contravenes sub-section (8), his licence may be suspended or cancelled whether he is prosecuted under this Act or not. Execution of work by a person other than a licensed plumber 2000 - (subsection (2)) Failure to furnish when required, name of licensed plumber employed. 2500 - (subsection (6)) Licensed plumbers not to demand more than the charge prescribed. 2000 - (sub-section(8)) Licensed plumbers not to contravene byelaws or execute work carelessly or negligently, etc. 5000 -

(1) No person shall - (a) wilfully, obstruct any person acting, under the authority of the Corporation or the Commissioner, in setting out the lines of any works or pull up or remove any pillar, post of stake fixed in the ground for the purpose of setting out lines of such work or deface or destroy any works made for the same purpose; or (b) wilfully or negligently break, injure, turn on, open, close, shut off or otherwise interfere with any lock, cock, valve, pipe, meter or other work or apparatus belonging to the Corporation; or (c) unlawfully obstruct the flow of, or flush, draw off, or divert, or take water from any water works belonging to the Corporation or any water course by which any such water is supplied; or (d) unlawfully obstruct the flow of, or flush, draw off, divert or take sewage from any sewage work belonging to the Corporation or break or damage any electrical transmission line maintained by the Corporation; or (e) obstruct any officer or other employee of the Corporation in the discharge of his duties under this Chapter or refuse or wilfully neglect to furnish him with the means necessary for the making of any entry, inspection, examination or inquiry thereunder in relation to any water of sewage work; (f) bathe in, at or upon any water work or wash or throw or cause to enter therein any animal, or throw any rubbish, dirt, filth into any water work or wash or clean therein any cloth, wool or leather or the skin of any animal or cause the water of any sink or drain or any steam-engine or boiler or any polluted water to turn or be brought into any water-work, or do any other act where by the water in any water-work is fouled or likely to be fouled. (2) Nothing in clause (b) of sub-section (1) shall apply to a consumer closing the stopcock fixed on the service pipe supplying water to his premises so long as he has obtained the consent of any other consumer whose supply will be affected thereby. Prohibition of willful or neglectful acts relating to water or sewage works. 10000 1000

(1) All streets within the municipal area which are or at any time become public streets and the pavement stones and other materials thereof, shall vest in the Corporation. (2) All public streets vesting in the Corporation shall be under the control of the Commissioner and shall be maintained, controlled and regulated by him in accordance with the bye-laws made in this behalf.

(1) The Commissioner shall, from time to time cause all public streets vested in the Corporation to be levelled, metalled or paved, channelled and altered or repaired and may widen, extend or otherwise improve, any such street or cause the soil thereof to be raised, lowered or altered or may place and keep in repair fences and posts for the safety of foot-passengers: Provided that no widening, extension or other improvement of a public street the aggregate cost of which will exceed Rs. 10,000, shall be undertaken by the Commissioner except with the previous sanction of the Corporation. (2) With the previous sanction of the Corporation, the Commissioner may permanently close the whole or any part of a public street: Provided that before according such sanction the Corporation shall by notice published in the manner specified by bye-laws give reasonable opportunity to the residents likely to be affected by such closure to make suggestions or objections with respect to such closure and shall consider all such suggestions or objections, which may be made, within one month from the date of the publication of the said notice.

Whenever any public street or a part thereof is permanently closed under sub-section (2) of section 209, the site of such street or of the portion thereof may be disposed of as land vesting in the Corporation.

The Commissioner may, at any time with the previous sanction of the Corporation- (a) lay out and make new public streets; (b) construct bridges and sub-ways; (c) turn or divert, any existing public streets; (d) lay down and determine the position and direction of a street or streets in any part of the municipal area notwithstanding that no proposal for the erection of any building in the vicinity has been received.

The Commissioner shall, from time to time, with the sanction of the Corporation, specify the minimum width of different classes of new public streets according to the nature of the traffic likely to be carried thereon and the streets with which they join at one or both ends, the localities in which they are situated, the heights up to which buildings abutting thereon may be erected and other similar consideration.

(1) The Commissioner may,- (a) prohibit vehicular traffic in any public street or any portion thereof so as to prevent danger, obstruction or inconvenience to the public or to ensure quietness in any locality; (b) prohibit in respect of all public streets or any particular public streets the transit of any vehicle of such form, construction, weight or size or laden with such heavy or unwidely objects as may be likely to cause injury to the roadways or any construction thereon, except under such conditions as to time, mode of the fraction or locomotion, use of appliances for the protection of roadways, number of lights and assistants and other general precautions, and upon the payment of such charges as may be specified by the Commissioner generally or specially in each case; (c) prohibit access to premises from any particular public street carrying high speed vehicular traffic: Provided that the Commissioner shall not take action without the sanction of the Corporation in cases under clauses (a) and (c). (2) Notices of such prohibition as are imposed under sub-section (1) shall be posted in conspicuous places at or near both ends of public streets or portions thereof to which they relate, unless such prohibition applied generally to all public streets.

Subject to the provisions contained in Chapter X, the Commissioner may,- (a) acquire any land required for the purposes of opening, widening, extending or otherwise improving any public street or of making any new public street and any building standing upon such land; (b) acquire in relation to any such land or building, all such land with buildings, if any thereon as the Corporation may think expedient to acquire outside the regular line or the intended regular line of such street; or (c) when any land, whether within or outside the limits of the municipal area, is required for the purposes of this Act the Government may, at the request of the Corporation proceed to acquire it under the provisions of the Land Acquisition Act, 1894 (1 of 1894) and on payment by the Corporation of the Compensation awarded under that Act, and of any other charges incurred in acquiring the land, the land shall vest in the Corporation. Explanation.- When any land is required for a new street or for the improvement of an existing street, the Government may on the request of the Corporation proceed to acquire, in addition to the land to be occupied by the street, the land necessary for the sites of the buildings to be erected on both sides of the street, and such land shall be deemed to be required for the purposes of this Act.

(1) The Commissioner may define a line on one or both sides of any public street in accordance with the bye-laws made in this behalf and may with the previous sanction of the Corporation redefine at any time any such regular line : Provided that, before according sanction the Corporation shall by public notice afford reasonable opportunity to the residents of premises abutting on such public street to make suggestions or objections with respect to the proposed redefined line of the street and shall consider all suggestions or objections which may be made within one month from the date of the publication of the said notice: Provided further that the regular line of any public street operative under any law in force in any part of the municipal area immediately before the commencement of this Act shall be deemed to be a line defined by the Commissioner under this sub-section. (2) The line for the time being defined or redefined shall be called the regular line of street. (3) No person shall construct or reconstruct any building or a portion thereof or any boundary wall or other structure whatsoever within the regular line of a street except with the written permission of Commissioner: Provided that if within 60 days after the receipt of application from any person for permission to construct or reconstruct a boundary wall or a portion thereof the Commissioner fails to take steps to acquire the land within the regular line of the street in accordance with section 218 then that person may, subject to any other provisions of this Act and the bye-laws made thereunder, proceed with the work of construction or reconstruction of such boundary wall or portion thereof. Construction of building within the regular line of street without permission. 10000 1000 (sub-section (3))

(1) If any part of a building abutting on a public street is within the regular line of that street, the Commissioner, may, whenever it is proposed to repair, remove, construct or reconstruct or make any additions to, or structural alterations of any portion of such building which is within the regular line of the street by any order which he issues concerning the additions to rebuilding, construction, repair or alterations of such building require such building to be set back to the regular line of the street. (2) When any building or any part thereof within the regular line of a public street falls down or is burnt down or is, whether by the order of the Commissioner or otherwise, taken down, the Commissioner may forthwith, take possession on behalf of the Corporation of the portion of the land within the regular line of the street theretofore occupied by the said building and, if necessary, clear the same. (3) Land acquired under this section shall be deemed to be a part of the public street and shall vest in the Corporation.

If any land, whether open or enclosed, not vesting in the Corporation and not occupied by any building is within the regular line of a public street or if a platform, verandah, step, compound wall, hedge or fence or some other structural external to a building abutting on a public street or a portion of such platform, verandah, step, compound wall, hedge or fence or some other structure is within the regular line of such street, the Commissioner may, after giving to the owner of the land or building not less than seven days notice of his intention so to do, take possession on behalf of the Corporation of the said land with its enclosing wall, hedge or fence, if any, or of the said platform, verandah, step, compound, wall, hedge, or fence or other structure or of any portion thereof which is within the regular line of the public street, and if necessary, clear the same and the land so acquired shall thereupon be deemed to be part of the public street and shall vest in the Corporation : Provided that where the land or building is vested in the Government or the Central Government, the Commissioner shall not take possession thereof without the previous sanction of the Government or the Central Government, as the case may be.

(1) Where a land or building is partly within the regular line of a public street and the Commissioner is satisfied that the land remaining after the requisition of the portion within the said line still not be suitable or fit for any beneficial use, he may, at the request of the owner, acquire such land in addition to the land within the said line and such surplus land shall be deemed to be a part of the public street and shall vest in the Corporation. (2) Such surplus land may thereafter be utilised for the purpose of setting forward a building under section 220.

The Commissioner may, upon such terms, as he thinks fit, allow any building to be set forward for the purpose of improving the regular line of a public street and may, with the sanction of the Corporation by notice require any building to be so set forward in the case of reconstruction thereof or of a new construction. Explanation.- For the purpose of this section a wall separating any premises from a public street shall be deemed to be a building, and it shall be deemed a sufficient compliance with permission, or requisition to set forward a building to the regular line of a street if a wall of such material and dimensions as are approved by the Commissioner is erected along the said line. Failure to comply with requisition to set forward buildings to regular line of street. 10000 1000

(1) Compensation shall be paid by the Commissioner to the owner of any building or land acquired for a public street under the provisions of sections 216, 217 and 218 for any loss which such owner may sustain in consequence of his building or land being to acquired and for any expenses incurred by such owner in consequence of any order made by the Commissioner : Provided that - (a) any increase or decrease in the value of the remainder of the property of which the building or land so acquired formed part likely to accrue from the setting back to the regular line of the street, shall be taken into consideration and allowed for in determining the amount of such compensation; and (b) if any such increase in the value exceeds the amount of loss sustained or expenses incurred by the owner, the Commissioner may recover from him half of the amount of such excess as a betterment charge. (2) If in consequence of any order to set forward a building made by the Commissioner, the owner of such building sustains any loss or damage, compensation shall be paid to him by the Commissioner for such loss or damage after taking into account any increase in value likely to accrue, from the setting forward. (3) If the additional land which will be included in the premises of any person required or permitted under sub-section (2) to set forward a building belongs to the Corporation, the order or permission of the Commissioner to set forward the building shall be a sufficient conveyance to the said owner of the said land and, the price to be paid to the Corporation by the owner for such additional land and the other terms and conditions of the conveyance shall be set forth in the order or permission. (4) If, when the Commissioner required any building to be set forward, the owner of the building is dissatisfied with the price fixed to be paid to the Corporation or with any of the terms and conditions of conveyance, the Commissioner shall, upon the application of the owner at any time within fifteen days after the said terms and conditions are communicated to him, refer the case for the determination of the Court of the District Judge whose decision thereon shall be final.

If the owner of any land utilises, sells, leases out or otherwise disposes of such land for the construction of building thereon, he shall lay down and make a street or streets giving access to the plots into which the land may be divided and connecting with an existing public or private street.

(1) Before utilising, selling or otherwise dealing with any land under section 222 the owner thereof shall send to the Commissioner a written application with a lay-out plan of the land showing the following particulars, namely:- (a) the plots into which the land is proposed to be divided for the erection of building thereon and purpose or purposes for which such buildings are to be used; (b) the reservation or allotment of any site for any street, open space, park, recreation ground, school, market or any public purpose; (c) the intended level direction and width of street or streets; (d) the regular line of street or streets; and (e) the arrangements to be made for levelling, paving, metalling, flagging, channelling, sewering, draining, conserving and lighting street or streets. (2) The provisions of this Act and the bye-laws made thereunder as to width of the public streets and the height of building abutting thereon shall apply in the case of streets referred to in sub-section (1) and all the particulars referred to in that sub-section shall be subject to the sanction of the Corporation. (3) Within sixty days after the receipt of any application under sub-section (1) the Corporation shall either accord sanction to the layout plan on such conditions as it may think fit or ask for further information with respect to it. (4) Such sanction shall be refused,- (a) if the particulars shown in the lay-out plan would conflict with any arrangement which have been made or which are in the opinion of the Corporation likely to be made for carrying out any general scheme of development of the municipal area whether contained in the master plan or a zonal development plan prepared for the municipal area or not; or (b) if the said lay-out plan does not conform to the provisions of this Act and bye-laws made thereunder; or (c) if any street proposed in the plan is not designed so as to connect at one end with a street which is already open. (5) No person shall utilise, sell or otherwise deal with any land or lay-out or make any new street without or otherwise than in conformity with the orders of the Corporation and if further information is asked for, no step shall be taken to utilise, sell or otherwise deal with the land or to lay-out or make the street until orders have been passed upon receipt of such information: Provided that the passing of such order shall not be in any case delayed for more than 60 days after the Corporation has received the information which it considers necessary to enable it to deal with the said application. (6) The lay-out plan referred to earlier in this section shall, if so required by the Corporation, be prepared by a licensed town planner. Utilizing, settling or otherwise dealing with any land or laying out a private street otherwise than in conformity with orders of the Corporation. 10000 1000 (subsection (5))

(1) If any person lays out or makes any street referred to in section 223 without or otherwise than in conformity with the orders of the Corporation, the Commissioner may, whether or not the offender, be prosecuted under this Act by notice- (a) require the offender to show cause by a written statement signed by him and sent to the Commissioner on or before such date as may be specified in the notice, why such street should not be altered to the satisfaction of the Commissioner or if such alteration be impracticable why such street should not be demolished; or (b) require the offender to appear before the Commissioner whether personally or by duly authorised agent or on such day and at such time and place as may be specified in the notice and show cause as aforesaid. (2) If any person on whom such notice is served fails to show cause to the satisfaction of the Commissioner why such street should not be so altered or demolished, the Commissioner may pass an order directing the alteration or demolition of such street. Failure to comply with requisition to show cause for alteration of street or appearance before the Commissioner. 10000 1000 (sub-section (1) clauses (a) and (b))

(1) If any private street or part thereof is not levelled, paved, metalled, flagged, channelled, sewered, drained, conserved or lighted to the satisfaction of the Commissioner, he may by notice require the owners of such street or part and the owners of the lands and buildings fronting or abutting on such street or part to carry out any work which in his opinion may be necessary and within such time as may be specified in such notice. (2) If such work is not carried out within the time specified in the notice, the Commissioner may, if he thinks fit, execute it and the expenses incurred shall be paid by the owners referred to in sub-section (1) in such proportion as may be determined by the Commissioner and shall be recoverable from them as an arrear of tax under this Act. Failure to comply with requisition on owner of private street or owner of adjoining land or building to level, etc. such street. 10000 1000 (subsection (1))

(1) If any street has been levelled, paved, metalled, flagged, channelled, sewered, drained, conserved and lighted under the provisions of section 225, the Commissioner may, and on the requisition of the majority of the owners referred to in sub-section (1) of that section shall declare such a street to be a public street and thereupon the street shall vest in the Corporation. (2) The Commissioner may at any time, by notice fixed up in any street or part thereof not maintainable by the Corporation, give intimation of his 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 the several owners of such street or such part of a street lodge objection thereto at the Corporation Office, the Commissioner, may by notice in writing, put up in such street of such part, declare the same to be a public street vested in the Corporation.

(1) Except as provided in section 228, no person shall erect, setup, add to or place against or in front of any premises any structure or fixture which will- (a) overhang, jut or project into, or in any way encroach upon and obstruct in any way the safe or convenient passage of the public along, any street; or (b) jut or project into or encroach upon any drain or open channel in any street so as in any way to interfere with the use or proper working of such drain of channel or to impede the inspection or cleansing thereof. (2) The Commissioner may by notice require the owner or occupier of any premises to remove or to take such other action as he may direct in relation to any structure or fixture which has been erected, set-up, added to or placed against, or in front of the said premises in contravention of this section. (3) If the occupier of the said premises removes or alters any structure or fixture in accordance with such notice, he shall be entitled, unless the structure or fixture was erected, set-up or placed by himself, to credit into account with the owner of the premises for all reasonable expenses incurred by him in complying with the notice. Prohibition of projection upon street, etc. Imprisonment for one month and Rs. 10,000 or both. 1000 (sub-section (1)) Failure to comply with requisition to remove projections from street. Imprisonment for one month and Rs. 10000 or both. 1000 (sub-section (2))

(1) The Commissioner may give a written permission on such terms and on payment of such fee as he in each case thinks fit, to the owner or occupier of the building or any street- (a) to erect an arcade, over such street or any portion thereof; or (b) to put up a verandah, balcony, arch connecting passage, sunshade, weather frame, canopy, awning or other such structure or thing projecting from any storey over or across any street or portion thereof : Provided that no permission shall be given by the Commissioner for the erection of an arcade in any public street in which construction of an arcade has not been generally sanctioned by the Corporation. (2) The Commissioner may at time by notice require the owner or occupier of any building to remove a verandah, balcony, sunshade, weather frame or the like put up in accordance with the provisions of this Act and such owner or occupier shall be bound to take action accordingly but shall be entitled to compensation for the loss caused to him by such removal and the cost incurred thereon. Failure to comply with requisition to remove a verandah, balcony, etc., put up in accordance with section 235 (1). 10000 1000 (subsection (3))

The Commissioner may at any time by notice require the owner of any premises on the ground floor of which any door, gate, bar or window opens outwards upon a street or upon any land required for the improvement of a street in such manner as in the opinion of the Commissioner is likely to obstruct the safe or convenient passage of the public along such street, to have the said door, gate, bar or window altered so as not to open outwards. Failure to comply with requisition to have ground floor doors, etc., so altered as not to open outwards. 10000 1000

(1) No person shall, except with the permission of the Commissioner granted in this behalf erect or set-up any wall, fence, rail, post, step, booth or other structure whether fixed or movable or whether of a permanent or temporary nature, or any fixture in or upon any street or upon or over any open channel, drain, well or tank in any street so as to form an obstruction to or an encroachment upon, or projection over, or to occupy any portion of such street, channel, drain, well or tank. (2) No person shall, except with the permission of the Commissioner and on payment of such fee as he in each case thinks fit, place or deposit upon any street, or upon any open channel, drain or well in any street or upon any public place any stall, chair, bench, box, ladder, bale or other thing whatsoever so as to form an obstruction thereto or encroachment thereon. (3) Nothing in sub-section (1) shall apply to any erection or thing to which clause (c) of sub-section (1) of section 235 applies and nothing in sub-section (2) shall apply to building materials. Erection, etc. of structures of fixtures which cause obstruction in streets. 10000 1000 (sub-section (1)) Deposit, etc. of things in streets. 10000 1000 (sub-section (2))

Notwithstanding anything contained in sections 220, 227, 228 or in clause (5) of Part C of section 395 and subject to any general or special order that the Government may make in this behalf, if any street is vested in the Government- (a) the Commissioner shall not, in respect of such street grant permission to do any act the doing of which without his written permission would contravene the provisions of section 227 or section 228 or allow any building to be set forward under the provision of section 220 except with the sanction of the Government which may be given in respect of a class of cases generally or in respect of a particular case; (b) the Commissioner shall, if so required by the Government, exercise the powers conferred upon him by sections 220, 227, 228 or clause (5) of Part C of section 395 or any bye-law made in exercise of the power conferred by the aforesaid clause (5) in respect of encroachment or overhanging structure on or over such street or any materials, goods or articles of merchandise deposited on such street.

The Commissioner may, without notice cause, to be removed- (a) any stall, chair, bench, box, ladder, bale or other thing whatsoever placed, deposited, projected, attached or suspended in, upon, from or to any place in contravention of this Act. (b) any article whatsoever hawked or exposed for sale on any public place in contravention of this Act and any vehicle, package, box or any other thing in or on which such article is placed.

(1) No person shall tether any animal or cause or permit the same to be tethered in any public street. (2) No person shall milk or cause or permit to be milked any cow or buffalo in any street. (3) Any animal tethered or any cow or any buffalo found being milked as aforesaid in any street may be removed by the Commissioner or any Corporation Officer or employee and be impounded and dealt with under the provisions of the Cattle Trespass Act, 1871 (1 of 1871) . Tethering of animals and milking of cattle in Public Streets. 10000 1000 (sub-section (1) and (2))

(1) The Commissioner shall, so far, as is practicable during the construction or repair of any public street, or any municipal drain or any premises vested in the Corporation- (a) cause the same to be fenced and guarded; (b) take proper precautions against accident by shorting up and protecting the adjoining buildings; (c) cause such bars, chains or posts to be fixed across or in any street in which any such work of construction or repair is under execution as are necessary in order to prevent the passage of vehicles or animals and avert danger. (2) The Commissioner shall cause such street, drain or premises to be sufficiently lighted or guarded during night while under construction or repair. (3) The Commissioner shall, with all reasonable speed, cause the said work to be completed, the ground to be filled in the said street, drain or premises to be repaired and the rubbish occasioned thereby to be removed. (4) No person shall, without the permission of the Commissioner or other lawful authority, remove any bar, chain, post or shorting, timber or remove or extinguish any light. Unlawful removal of bar or shorting timber etc., or removal or extinction of light. 10000 1000 (sub-section (4))

(1) No person other than the Commissioner or a Corporation Officer or other Corporation employee shall without the written permission of the Commissioner— (a) open, break-up, displace, take up or make any alteration in or cause any injury to the soil or pavement or any wall, fence, post, chain or other material or thing forming part of any street; or (b) deposit any building material in any street; or (c) set up in any street any scaffold or any temporary erection for the purpose of any work whatever, or any posts, bars, rolls, boards or other things by way of an enclosure, for the purposes of making mortar or depositing bricks, lime, rubbish or other materials. (2) Any permission granted under clause (b) or clause (c) of sub-section (1) shall be terminable at the discretion of the Commissioner on his giving not less than twenty-four hours notice of such termination to the person to whom such permission was granted. (3) The Commissioner may, without notice cause, to be removed any of the things referred to in clause (b) or clause (c) of sub-section (1) which has been deposited or set up in any street without the permission specified in that sub-section or which having been deposited or set up with such permission has not been removed within the period specified in the notice issued under sub-section (2) : Provided that nothing in this sub-section shall apply to cases under clause (b) or clause (c) of sub-section (1) in which application for permission has been made with such fee as may be prescribed by the Commissioner in this behalf but no reply has been sent to the applicant within seven days from the date of the application. Streets not to be opened or broken up and building material not to be deposited thereon without permission. 10000 1000 (sub-section (1))

(1) Any of the things caused to be removed by the Commissioner under this chapter shall, unless the owner thereof turns up to take back such things and pays to the Commissioner the charges for the removal and storage of such things, be disposed of by public auction or in such other manner and within such time as the Commissioner thinks fit. (2) The charges for removal and storage of the things sold under sub-section (1) shall be paid out of the proceeds of the sale thereof and the balance, if any, shall be paid to the owner of the things sold on a claim being made therefor within a period of two years from the date of sale, and if no such claim is made within the said period, shall be credited to the Corporation.

(1) The Commissioner may— (a) with the sanction of the Corporation determine the name or number by which any street or public place vested in the Corporation shall be known; (b) cause to be put up or painted at a conspicuous part of any building, wall or place, at or near each end, corner or entrance of such street or on some convenient part of such street, the name or number by which it is to be known; (c) cause to be put up or painted on boards of suitable size the name of any public place vested in the Corporation; (d) determine the number or sub-number by which any premises or part of such premises shall be known and cause such number or sub-number to be fixed to the side or outer door of such premises or to some place at the entrance of the enclosure thereof. (2) No person shall destroy, remove, deface or in any way injure or alter such name or number or sub-number or put up or paint any name or number or sub-number different from that put up or painted by order of the Commissioner. Name of street and number of house not to be destroyed or defaced etc. 5000 500 (sub-section (2))

(1) If any place is, in the opinion of the Commissioner, for want of sufficient repair or protection or enclosure, or owing to some work being carried on thereupon, dangerous or causing inconvenience to passengers along a street or to other persons including the owner or occupier of the said place, who have legal access thereto or to the neighbourhood thereof, the Commissioner may by notice in writing require the owner or occupier of such place to repair, protect or enclose the same or take such other steps as shall appear to the Commissioner necessary in order to prevent the danger or inconvenience arising therefrom. (2) The Commissioner may, before giving any such notice or before the period of any such notice has expired, take such temporary measures as he thinks fit to prevent the danger or inconvenience arising therefrom and any expense incurred by the Commissioner in taking such temporary measures shall be recoverable from the owner or occupier of the place as an arrear of tax under this Act. Failure to comply with requisition to repair, project or enclose a dangerous place. 10000 1000 (sub-section (1))

The Commissioner shall— (a) take measures for lighting in a suitable manner all such public streets and public places as may be specified by the Corporation; (b) procure, erect and maintain such number of lamps, lamp posts and other appurtenances as may be necessary for the said purpose; (c) cause such lamps to be lighted by means of oil, electricity or such other light as the Corporation may determine.

(1) No person shall, without lawful authority take away wilfully or negligently break or throw down or damage— (a) any lamp or any appurtenance of any lamp or lamp post or lamp iron set up in any public street or any public place; (b) any electric wire for lighting such lamp; (c) any post, pole, standard stay, strut, bracket or other contrivance for carrying, suspending or supporting any electric wire or lamp. (2) No person shall wilfully or negligently extinguish the light of any lamp set up in any public street or any public place. (3) If any person wilfully or through negligence or accident breaks or causes any damage to any of the things described in sub-section (1), he shall in addition to any penalty to which he may be subjected to under this Act, pay the expenses of repairing the damage so done by him. Removal or damage of lamps. 5000 500 (sub-section (1)) Willfully and negligently extinguishing light in public streets etc. 5000 500 (sub-section (2))

In this chapter, unless the context otherwise requires, the expression "to erect building" means,- (a) to erect a new building on any site whether previously built upon or not; (b) to re-erect - (i) any building of which more than one-half of the cubical contents above the level of the plinth have been pulled down, burnt or destroyed; or (ii) any building of which more than one-half of the superficial area of the external walls above the level of the plinth has been pulled down; or (iii) any frame building of which more than half of the number of the posts or beams in the external walls have been pulled down; (c) to convert into a dwelling house any building or any part of a building not originally constructed for human habitation or, if originally so constructed, subsequently appropriated for any other purpose; (d) to convert into more than one dwelling houses a building originally constructed as one dwelling house only; (e) to convert into a place of religious worship or into sacred building any place or building not originally constructed for such purpose; (f) to roof or cover an open space between walls or buildings to the extent of the structure which is formed by the roofing or covering of such space; (g) to convert two or more tenements in a building into greater or lesser number; (h) to convert into a stall, shop, warehouse or godown, stable, factory or garage any building not originally constructed for use as such or which was not so used before the charge; (i) to convert a building which when originally constructed was legally exempt from the operations of any building regulations contained in this Act or in any bye-laws made thereunder or in any other law, into a building which had it been originally erected in its converted form, would have been subject to such building regulations; and (j) to convert into or use as a dwelling house any building which has been discontinued as or appropriated for any purpose other than a dwelling house.

No person shall erect or commence to erect any building or execute any of the works specified in section 244 except with the previous sanction of the Commissioner, nor otherwise than in accordance with the provisions of this Chapter and of the bye-laws made under this Act in relation to the erection of buildings or execution of works. Erection of a building without the sanction of the Commissioner. 10,000 or imprisonment upto three months or both. 1000

(1) Every person who intends to erect a building shall apply for sanction by giving notice in writing of his intention to the Commissioner in such form and containing such information as may be prescribed by bye-laws made in this behalf. (2) Every such notice shall be accompanied by such documents and plans alongwith specification as may be prescribed: Provided that every such plan and specifications shall be duly signed by a qualified Structural Engineer or Architect or Planner or Junior Engineer or Draughtsman registered with the Corporation, on payment of such fee as may be fixed by the Corporation, from time to time. Explanation.- For the purposes of this sub-section the expression "a qualified structural engineer" means a graduate (civil) engineer. Failure to give notice of intention to erect a building. 10000 1000 (sub-section (1))

(1) Every person who intends to execute any of the following works, namely:- (a) to make any addition to a building; (b) to make any alteration or repairs to a building involving the removal or re-erection of any external or partition wall thereof or of any wall which supports the roof thereof to an extent exceeding one half of such wall above the plinth level, such half to be measured in superficial metres; (c) to make any alteration or repairs to a frame building involving the removal or re-erection of more than one half of the posts in any such wall thereof as aforesaid or involving the removal or re-erection of any such wall thereof as aforesaid to an extent exceeding one half of such wall above plinth level, such half to be measured in superficial metres; (d) to make any alteration in a building involving- (i) the sub-division of any room in such building so as to convert the same into two or more separate rooms; or (ii) the conversion of any passage or space in such building into a room or rooms; (e) to repair, remove, construct, reconstruct, or make any addition to or structural alteration in any portion of a building abutting on a street which stands within the regular line of such street; (f) to close permanently any door or window in an external wall; and (g) to remove or reconstruct the principal staircase or to alter its position, shall apply for sanction by giving notice in writing of his intention to the Commissioner in such form and containing such information as may be prescribed by bye-laws made in this behalf. (2) Every such notice shall be accompanied by such documents and plans as may be so prescribed. Failure to give notice of intention to make additions etc., to building. 10000 1000

(1) A person giving the notice required by section 243 shall specify the purpose for which it is intended to use the building to which such notice relates and a person giving the notice required by section 244 shall specify whether the purpose for which the building is being used in proposed or likely to be changed by the execution of the proposed work. (2) No notice shall be valid until the information required under sub-section (1) and any further information and plans which may be required by bye-laws made in this behalf have been furnished to the satisfaction of the Commissioner alongwith the notice.

(1) The Commissioner shall sanction the erection of a building or the execution of a work unless such building or work would contravene any of the provisions of sub-section (2) of this section or the provisions of section 250. (2) The grounds on which the sanction of a building or work may be refused shall be the following, namely:- (a) that the building or work, or the use of the site for the building or work or any of the particulars comprised in the site plan, ground plan, elevation, section or specification would contravene the provisions of any bye-law made in this behalf or of any other law or rule, bye-law or order made under such other law; (b) that notice for sanction does not contain the particulars or is not prepared in the manner required under the bye-laws made in this behalf; (c) that any information or documents required by the Commissioner under this Act or any bye-laws made thereunder has or have not been duly furnished; (d) that in cases falling under section 222 lay out plans have not been sanctioned in accordance with section 223; (e) that the building or work would be an encroachment on Government land or land vested in the Corporation; (f) that the site of the building or work does not abut on a street or projected street and that there is no access to such building or work from any such street by a passage or pathway appertaining to such site; (g) that the building or work would be in contravention of any scheme sanctioned under section 260; and (h) that a building for habitation, does not provide for a flush or a water seal latrine. (3) The Commissioner shall communicate the sanction to the person who has given the notice; and where he refused sanction on any of the grounds specified in sub-section (2) of this section or under section 250 he shall record a brief statement of his reasons for such refusal and communicate the refusal alongwith the reasons for such refusal and communicate the refusal alongwith the reasons therefor to the person who has given the notice. (4) The sanction or refusal as aforesaid shall be communicated in such manner as may be specified in the bye-laws made in this behalf. (c) that any information or documents required by the Commissioner under this Act or any bye-laws made thereunder has or have not been duly furnished; (d) that in cases falling under section 222 lay out plans have not been sanctioned in accordance with section 223; (e) that the building or work would be an encroachment on Government land or land vested in the Corporation; (f) that the site of the building or work does not abut on a street or projected street and that there is no access to such building or work from any such street by a passage or pathway appertaining to such site; (g) that the building or work would be in contravention of any scheme sanctioned under section 260; and (h) that a building for habitation, does not provide for a flush or a water seal latrine. (3) The Commissioner shall communicate the sanction to the person who has given the notice; and where he refused sanction on any of the grounds specified in sub-section (2) of this section or under section 250 he shall record a brief statement of his reasons for such refusal and communicate the refusal alongwith the reasons for such refusal and communicate the refusal alongwith the reasons therefor to the person who has given the notice. (4) The sanction or refusal as aforesaid shall be communicated in such manner as may be specified in the bye-laws made in this behalf.

(1) Where within a period of sixty days after the receipt of any notice under section 243 or section 244 or of the further information, if any, required under section 245 the Commissioner does not refuse to sanction the building or work or upon refusal does not communicate the refusal to the person who has given the notice, the Commissioner shall be deemed to have accorded sanction to the building or work and person by whom the notice has been given shall be free to commence and proceed with the building or work in accordance with his intention as expressed in the notice and the documents and plans accompanying the same : Provided that if it appears to the Commissioner that the site of the proposed building or work is likely to be affected by any scheme of acquisition of land for any public purpose or by any proposed regular line of a public street or extension, improvement, widening or alteration of any street, the Commissioner may withheld sanction of the building or work for such period not exceeding sixty days as he deems fit and the period of sixty days shall be deemed to commence from the date of the expiry of the period for which the sanction has been withheld. (2) Where a building or work is sanctioned or deemed to have been sanctioned by the Commissioner under sub-section (1), the person who has given the notice shall be bound to erect the building or execute the work in accordance with such sanction but not so as to contravene any of the provisions of this Act or any other law or of any bye-law made thereunder. (3) If the person or any one lawfully claiming under him does not commence the erection of the building or the execution of the work within one year of the date on which the building or work is sanctioned or is deemed to have been sanctioned, he shall have to give notice under section 244 or, as the case may be, under section 243 for fresh sanction of the building or the work and the provisions of this section shall apply in relation to such notice as they apply in relation to the original notice. (4) Before commencing the erection of a building or execution of a work within the period specified in sub-section (3), the person concerned shall give notice to the Commissioner of the proposed date of the commencement of the erection of the building or the execution of the work: Provided that if the commencement does not take place within seven days of the date so notified, the notice shall be deemed not to have been given and a fresh notice shall be necessary in this behalf. (5) Where the building plan is sanctioned or deemed to have been sanctioned, the person, at whose instance building operations are to be carried on, shall, after the excavation of the foundation and before starting construction thereon, intimate the Corporation about the excavation of the foundation. (6) 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 Corporation may, within seven days from the intimation under sub-section (5), 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. (7) The persons making the inspection under sub-section (6), may communicate to the person, from whom intimation under sub-section (5) 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 Commissioner the action, if any, which is proposed to be taken for the purposes of implementation of any such recommendation. (8) On the receipt of the report under sub-section (7), the Corporation may, within seven days from the date of intimation under sub-section (5), give such direction to the person concerned, as it may deem fit. Commencement of work without notice etc. 10000 1000 (sub-section (4))

If at any time after the sanction of any building or work has been accorded, the Commissioner is satisfied that such sanction was accorded in consequence of any material misrepresentation or fraudulent statement contained in the notice given or information furnished under sections 243, 244 and 245, he may by order in writing, cancel for reasons to be recorded such sanction and any building or work commenced, erected, or done shall be deemed to have been commenced, erected or done without such sanction : Provided that before making any such order the Commissioner shall give reasonable opportunity to the person affected as to why such order should not be made.

The Commissioner may require any building intended to be erected at the corner of two streets to be rounded off or splayed or cut off to such height and to such extent as he may determine, and may acquire such portion of the site at the corner as he may consider necessary for public convenience or amenity. Failure to comply with requisition to round of building at corners of streets. 10000 1000

(1) The erection of any building on either side of a new street may be refused by the Commissioner unless and until such new street has been levelled and wherever in the opinion of the Commissioner practicable, metalled or paved, drained, lighted and laid with a water main to his satisfaction. (2) The erection of any such building or the execution of any such work may be refused by the Commissioner if such building or any portion thereof or such work comes within the regular line of any street, the position and direction of which has been laid down by the Commissioner but which has not been actually constructed or if such building or any portion thereof or such work is in contravention of any building or any other scheme or plan prepared under this Act or any other law for the time being in force. Erection of building on new streets without leveling. 10000 1000 (sub-section (1)) Erection of building on execution of work within regular line of street or in contravention of scheme or plan. 10000 1000 (subsection (2))

In such areas as may be specified by bye-laws made in this behalf, no roof, verandah, pandal or wall of a building or no shed or fence shall be constructed or reconstructed of cloth, grass, leaves, mats or other inflammable material except with the written permission of the Commissioner nor shall any such roof, verandah, pandal, wall, shed or fence constructed or reconstructed in any year be retained in subsequent year except with fresh permission obtained in this behalf. Use of inflammable material without permission. 10000 1000

(1) where the erection of any work has been commenced, or is being carried on or has been completed without or contrary to the sanction referred to in section 246 or in contravention of any condition subject to which such sanction has been accorded or in contravention of the provisions of this Act or bye-laws made thereunder, the Commissioner may in addition to any other action that may be taken under this Act, make an order directing that such erection or work shall be demolished by the person at whose instance the erection or work has been commenced or is being carried on or has been completed within such period (not being less than seven days from the date on which a copy of the order of demolition with a brief statement of the reasons therefor has been delivered to that person) as may be specified in the order of demolition: Provided that no order of demolition shall be made unless the person has been given, by means of a notice served in such manner as the Commissioner may think fit, a reasonable opportunity of showing cause why such order should not be made: Provided further that where the erection or work has not been completed, the Commissioner may by the same order or by a separate order, whether made at the time of the issue of the notice under the first proviso or at any other time, direct the person to stop the erection or work until the expiry of the period within which an appeal against the order of demolition, if made, may be preferred under sub-section (2). (2) Any person aggrieved by an order of the Commissioner made under sub-section (1) may prefer an appeal against the order to District Judge of the municipal area within the period specified in the order for the demolition of the erection or work to which it relates. (3) Where an appeal is preferred under sub-section (2) 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 Commissioner and security sufficient in the opinion of the District Judge, has been furnished given by the appellant for not proceeding with such erection or work pending the disposal of the appeal. (4) Save as provided in this section no court shall entertain any suit, application or other proceedings for injunction or other relief against the Commissioner or restrain him from taking any action or making any order in pursuance of the provisions of this section. (5) Every order made by the District Judge on appeal and subject only to such order, the order of demolition made by the Commissioner shall be final and conclusive. (6) Where no appeal has been preferred against an order of demolition made by the Commissioner under sub-section (1) or where an order of demolition made by the Commissioner under that sub-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 Commissioner 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. Failure to demolish building erected without sanction or erection of buildings in contravention of order. 10,000 or imprisonment upto three months or both. 1000

(1) Where the erection of any building or execution of any work has been commenced or is being carried on (but has not been completed) without or contrary to the sanction referred to in section 246 or in contravention of any condition subject to which such sanction has been accorded or in contravention of any provisions of this Act or bye-laws made thereunder, the Commissioner may in addition to any other action that may be taken under this Act by order require the person at whose instance the building or the work has been commenced or is being carried on, to stop the same forthwith. (2) If an order made by the Commissioner under section 253 or under sub-section (1) of this section directing any person to stop the erection of any building or execution of any work is not complied with, the Commissioner may require any police officer to remove such person and all his assistants and workmen from the premises within such time as may be specified in the requisition and such police officer shall comply with the requisition accordingly. (3) After the requisition under sub-section (2) has been complied with, the Commissioner may, if he thinks fit, depute by a written order a police officer or a Corporation officer or other Corporation employee to watch the premises in order to ensure that the erection of the building or the execution of the work is not continued. (4) Where a police officer or a Corporation officer or other Corporation employee has been deputed under sub-section (3) to watch the premises, the cost of such deputation shall be paid by the person at whose instance such erection or execution is being continued or to whom notice under sub-section (1) was given and shall be recoverable from such person as an arrear of tax under this Act. (5) 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 Commissioner may, subject to the special or general directions of the State Government under section 255, 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 Commissioner shall not compound deviations from the sanctioned plan. (5-A) Any person aggrieved by the decision of the Commissioner under sub-section (5), may, within thirty days from the passing of the order by the Commissioner and in such manner as may be prescribed, appeal to the Divisional Commissioner. (5-B) Any person aggrieved by the decision of the Divisional Commissioner in appeal under sub-section (5-A), may, within thirty days from the order made by the Divisional Commissioner and in such manner as may be prescribed, appeal to the State Government. (5-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 (5-A) and (5-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. (5-D) Notwithstanding anything contained in sub-sections (5), (5-A) and (5-B), the State Government may, in exceptional cases of extreme hardship, compound the cases of deviations from sanctioned plans. (6) Notwithstanding anything to the contrary contained in this Act, the Commissioner, shall, within three months after affording an opportunity of being heard, deny or withdraw the no objection certificate issued for installation of electricity connection, the civic amenities including water and sewerage connection, if the owner, or the occupier of the building carry out unauthorized construction without sanction or make deviations from the sanctioned plan, erection of a building on any Government land or land vested in the Corporation, or by covering any public road, street, path or drain or obtain sanction on misrepresentation or by concealing material facts at the time of making the application for sanction of building plan and shall dispose of the proceedings within six months. Erection of buildings in contravention of conditions of sanction etc. 10000 1000

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 the cases involving deviations from the sanctioned plans as in its opinion are required to be followed by the Commissioner for compounding such cases under sub-section (5) of section 254 of this Act.

(1) The Commissioner may, at any time during the erection of any building or execution of any work or at any time within three months after the completion thereof, by a written notice specify any matter in respect of which such erection or execution is without or contrary to the sanction referred to in section 246 or is contravention of any condition of such sanction or any of the provisions of this Act or any bye-laws made thereunder and require the person who gave the notice under section 243 or section 244 or the owner of such building or work either- (a) to make such alterations as may be specified in the said notice with the object of bringing the building or work in conformity with the said sanction, condition or provisions, or (b) to show cause why such alterations should not be made within the period stated in the notice. (2) If the person or the owner does not show cause as aforesaid he shall be bound to make the alterations specified in the notice. (3) If the person or the owner shows cause as aforesaid, the Commissioner shall by an order either cancel the notice issued under sub-section (1) or confirm the same subject to such modifications as he thinks fit. Failure to carry out alterations. 10000 1000

(1) Every person who employs a licensed architect or engineer or a person approved by the Commissioner to design or erect a building or execute any work shall, within one month after the completion of the erection of the building in whole or part thereof or execution of the work, deliver or send or cause to be delivered or sent to the Commissioner a notice in writing of such completion accompanied by a certificate in the form prescribed by bye-laws made in this behalf and shall give to the Commissioner all necessary facilities for the inspection of such building or work. (2) No person shall occupy or permit to be occupied any such building or use or permit to be used any building or a part thereof effected by any such work until permission has been granted by the Commissioner in this behalf in accordance with bye-laws made under this Act: Provided that if the Commissioner fails, within a period of thirty days after the receipt of the notice of completion of a building or part thereof to communicate his refusal to grant such permission, such permission shall be deemed to have been granted. Non- compliance with revision as to completion certificates, occupation or use etc. 10000 1000 (subsection (1) & (2))

(1) No person shall, without the written permission of the Commissioner, or otherwise than in conformity with the conditions, if any of such permission- (a) use or permit to be used for human habitation any part of a building not originally erected or authorised to be used for that purpose or not used for that purpose before any alteration has been made therein by any work executed in accordance with the provisions of this Act and of the bye-laws made thereunder; (b) change or allow the change of the use of any land or building; (c) convert or allow the conversion of one kind of tenement into another kind. (2) If it appears to the Commissioner at any time that any building is in a ruinous condition, or likely to fall, or in any way dangerous to any person occupying, resorting to or passing by such building or any other building or place in the neighbourhood of such building, the Commissioner may, by order in writing, require the owner or occupier of such building to demolish, secure or repair such building or do one or more of such things within such period as may be specified in the order, so as to prevent all cause of danger therefrom. (3) The Commissioner may also, if he thinks fit, require such owner or occupier by the said order either forthwith or before proceeding to demolish secure or repair the building to set up a proper and sufficient board or fence for the protection of passers-by and other persons, with a convenient platform and hand rail wherever practicable to serve as a footway for passengers outside of such board or fence. (4) If it appears to the Commissioner that danger from a building which is in a ruinous condition or likely to fall is imminent, he may, before making the order aforesaid fence off, demolish, secure or repair the said building or take such steps as may be necessary to prevent the danger. (5) If the owner or occupier of the building does not comply with the order within the period specified therein, the Commissioner shall take such steps in relation to the building as to prevent all cause of danger therefrom. (6) All expenses incurred by the Commissioner in relation to any building under this section shall be recoverable from the owner or occupier thereof as arrears of tax under this Act. Non- compliance with restrictions on user of buildings. 10000 1000 (sub-section (1)) Failure to comply with requisition and to remove structures which are in ruins or likely to fall. 10000 1000 (subsection (2) & (3)) Failure to comply with requisition to vacate buildings in dangerous conditions etc. 10000 1000 (sub-section (4))

(1) The Commissioner may by order in writing direct that any building which in his opinion is in a dangerous condition or is not provided with sufficient means of egress in case of fire or is occupied in contravention of section 257, be vacated forthwith or within such period as may be specified in the order : Provided that at the time of making such order the Commissioner shall record a brief statement of the reasons therefor. (2) If any person fails to vacate the building in pursuance of such order the Commissioner may direct any police officer to remove such person from the building and the police officer shall comply with such direction accordingly. (3) The Commissioner shall, on the application of any person who has vacated, or has been removed from any building in pursuance of an order made by him, allow such person to re-occupy the building on the expiry of the period for which the order has been in force; provided that the reasons on account of which the vacation was ordered have been rectified or have ceased to exist.

(1) The Corporation may, and if so required by the Government shall, within six months of the date of such requisition, draw up a building scheme for built areas, and a town planning scheme for unbuilt 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 or any part of the city, 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 unbuilt area which shall be transferred to the Corporation 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 thirty five per cent and the amount transferred without payment shall not exceed twenty five per cent of any one owner's land within such unbuilt 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 reconstituted 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 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 plantation 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 Corporation 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 Corporation shall give public notice of such scheme 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 Corporation in writing any objection or suggestion with regard to such scheme which he may wish to make. (3) The Corporation 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 Government which may sanction such scheme or may refuse to sanction it, or may return it to the Corporation for reconsideration and re-submission by a specified date. (4) If a Corporation 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-submit a scheme which is not approved by the Government, the Government may draw up a scheme of which public notice shall be given by notification and by publication within the city together with an intimation of the date by which any person may submit in writing to the Government any objection or suggestion which he may wish to make and the Government may sanction such scheme as originally notified or modified in consequence of any such objections or suggestions as the Government may think fit, and the cost of such scheme or such portion of the cost as the Government may deem fit shall be defrayed from the Corporation Fund. (5) While sanctioning a scheme the Government may impose condition for the submission of periodical reports to it on the progress of the scheme and for the inspection and supervision of the schemes. (6) After the scheme has been sanctioned, the Corporation shall proceed to provide internal services as soon as possible and complete it with a period of five years from the date of its sanction. (7) If under the provisions of any scheme sanctioned under the preceding sub-sections the erection or re-erection of building 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 fine which may extend to five thousand rupees, and if after such conviction he continues to use such building for such purpose shall be liable to fine which may extend to one hundred rupees for every day during which such use continues. (8) For the purpose of drawing up a building scheme for built up areas and a town planning scheme for unbuilt up areas, the Corporation 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. Explanation.- For the purpose of this section- (i) 'built area' is that portion of a municipal area of which the greater part has been developed as a business or residential area; and (ii) 'unbuilt area' is an area within the local limits of a municipal area which is declared as such at a special meeting of the Corporation by a resolution confirmed by the Government, or which is notified as such by the Government.

(1) For the purpose of securing the efficient scavenging and cleansing of all streets and premises, the Commissioner, shall provide- (a) for the daily surface cleansing of all streets and the removal of the sweepings therefrom; and (b) for the removal of the contents of all receptacles and depots and of the accumulation at all places provided or appointed by him under the provisions of this Act for the temporary deposit of rubbish, filth and other polluted and obnoxious matter. (2) The Commissioner may, by public notice issue directions as to the time at which, the manner in which, and the conditions subject to which, any matter referred to in sub-section (1) may be removed along a street or may be deposited or otherwise disposed of.

All matters deposited in public receptacles depots and places provided or appointed under section 263 and all matters collected by Corporation employees or contractors in pursuance of sections 261 and 266 shall be property of the Corporation.

(1) The Commissioner shall- (a) provide or place in proper and convenient situations public receptacles, depots or places for the temporary deposit of rubbish, filth and other polluted and obnoxious matters and for the final disposal of rubbish, filth and other polluted and obnoxious matter; (b) provide dustbins for the temporary deposit of rubbish; (c) provide vehicles or other suitable means for the removal of rubbish and offensive matters; and (d) provide covered vehicles or vessels for the removal of filth and other polluted and obnoxious matters. (2) The Commissioner shall make adequate provision for preventing receptacles, depots, dustbins, vehicles and vessels referred to in sub-section (1) from becoming sources of nuisance.

It shall be the duty of the owners and occupiers of all premises - (a) to have the premises swept and cleaned; (b) to cause all filth, rubbish and other polluted and obnoxious matter to be collected from their respective premises and deposited at such times as the Commissioner, by the public notice prescribe, in public receptacles, depots or places provided or appointed under section 263 for temporary deposit or final disposal thereof; (c) to provide receptacles of the type and in the manner prescribed by the Commissioner for the collection therein of all filth, rubbish and other polluted and obnoxious matters from such premises and to keep such receptacles in good condition and repair. (d) to collect and deposit the garbage for further disposal by the Municipal Corporation in the manner prescribed by the Commissioner, on payment of fee for such disposal as may be fixed by the Government. Failure to provide for collection, removal and deposit of refuse and provision of receptacles. 5000 500

The Commissioner may, if he thinks fit,- (a) by written notice require the owner or occupier of any premises used for carrying on any manufacture, trade or business or used as a factory, workshop, trade premises or market or in any way so that rubbish, filth and other polluted and obnoxious matters are accumulated in large quantities, to collect all such rubbish, filth and other polluted and obnoxious matter accumulating thereon and to remove the same at such time and in such carts or receptacles and by such routes as may be specified in the notice to a depot or place provided or appointed under section 263; or (b) after giving such owner or occupier notice of his intention cause all rubbish filth and other polluted and obnoxious matter accumulated in such premises to be removed and charge the said owner or occupier for such removal such fee as may, with the sanction of the Corporation, be specified in the notice issued under clause (a). Failure to comply with requisition for removal of rubbish etc., from premises used as market etc. 5000 500

(1) No owner or occupier of any premises shall keep or allow to be kept for more than twenty four hours or otherwise than in a receptacle approved by the Commissioner, any rubbish, filth or other polluted and obnoxious matters, on such premises or any place belonging thereto or neglect to employ proper means to remove such rubbish, filth and other polluted and obnoxious matter from or to cleanse, such receptacle and to dispose such rubbish, filth and other polluted and obnoxious matter in the manner directed by the Commissioner, or fail to comply with any requisition of the Commissioner as to the construction, repair, pavement or cleansing of any latrine or urinal on or belonging to the premises. (2) No owner or occupier shall allow the water of any sink, drain latrine or urinal or any rubbish, filth and other polluted and obnoxious matter to run down on or to be thrown or put upon, any street or into any drain in or along the side of any street except in such manner as shall prevent any avoidable nuisance from any such water, rubbish, filth or other polluted and obnoxious matters. (3) No person shall, after due provision had been made in this respect under the foregoing provisions of this chapter for the deposit and removal of the same,- (a) deposit any rubbish, filth and other polluted and obnoxious matters in any street or on the verandah of any building or on any unoccupied ground along side any street or on the bank of a water course; or (b) deposit any filth or other polluted and obnoxious matter in any dustbin or in any vehicle not intended for the removal of the same; or (c) deposit rubbish in any vehicle or vessel intended for the removal of filth and other polluted and obnoxious matter. Keeping rubbish and filth for more than twenty four hours etc. 5000 500 (sub-section (1)) Allowing filth to flow in streets 5000 500 (sub-section(2)) Depositing rubbish or filth etc. in street etc. 5000 500 (sub-section (3))

If any premises are not properly and regularly scavenged or cleansed or are in a filthy and unwholesome condition, the Commissioner may cause them to be scavenged and cleansed and recover the expenses from the owner or, as the case may be, occupier as an arrear of tax under this Act.

(1) The Commissioner shall provide and maintain in proper and convenient places sufficient number of public latrines and urinals. (2) Such public latrines and urinals shall be so constructed as to provide separate compartments for each sex and not to be a nuisance, and shall be provided with all necessary conservancy establishments and shall regularly be cleansed and kept in proper order.

(1) The Commissioner may require the owner or occupant of any service latrine, within a period to be specified in the notice, to demolish or close such service latrine and convert it into water flush latrine; and on the failure to convert such latrine, the Commissioner may himself get the same converted and recover the cost incurred thereon from the owner or occupier, as the case may be. (2) No building plans shall be sanctioned by the Corporation unless the provisions for flush or water-seal latrine is made. (3) 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 of the Corporation at his own expenses by getting sewerage connection from the Corporation, and if he fails to do so, he shall be punishable with a fine which may extend to two thousand rupees but shall not be less than five hundred rupees, in addition to other charges for such connection the house owner or the occupant shall also pay user charges for the sewerage connection as may be fixed by the Government/Municipal Corporation from time to time. In case of continuous default by the house owner or occupant in getting the sewerage connection or failure to pay the charges as fixed by the Government, the civic amenities viz. water, electricity etc. shall also be liable to be disconnected. 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. Non- Conversion of service latrines into water flush latrines/water seal latrines and urinals not to be constructed without permission or in contravention of terms prescribed. 5000 500 (sub-section (1))

(1) It shall not be lawful to erect any residential building without providing flush or water seal latrine and accommodation for bathing or for washing clothes and utensils on each floor of such building as may be prescribed. (2) While prescribing such accommodation it may in each case be determined - (a) whether such building shall be served by the flush system or by water seal system; (b) what shall be the site or position of each latrine, urinal, bathing or washing place or site and their number on each floor and their clear internal dimensions. (3) It shall not be lawful to erect a residential building composed of separate tenements on the flat system without providing atleast one latrine and one bathing or washing place for servants on the ground floor of such building or at any other suitable place in the same premises. (4) In this section the expression to erect a building has the same meaning as in section 241. Failure to provide buildings newly erected or re- erected with latrine, urinal and other accommodation. 5000 500 (sub-section (1) and (2)) Failure to provide residential buildings composed of separate tenements with latrine, bathing or washing place for servants on the ground floor. 5000 500 (sub-section (3))

Every person employing workmen, labour or other persons exceeding twenty in number shall provide and maintain for the separate use of persons of each sex so employed, latrines and urinals, of such description and number as the Commissioner may by notice require and within such time as may be fixed in the notice and shall keep the same in clean and proper order. People and to keep them clean and in proper condition 5000 500

The Commissioner may by notice require any owner or manager of a market, cart stand, cattle shed, theatre, railway station and other places of public resort within such time as may be specified in such notice to provide and maintain for the separate use of persons of each sex, latrines and urinals of such description and number and in such position as may be specified and to keep the same in clean and proper order. Failure to comply with requisition to provide latrines for market cattle shed, cart stand, etc. and to keep them clean and in proper order. 5000 500

The Commissioner may, by written notice- (a) require the owner or other person having the control of any private latrine or urinal not to put the same to public use; or (b) require the owner or other person having control of such private latrine or urinal which in the opinion of the Commissioner constitutes a nuisance, to remove the latrine or the urinal; or (c) require any person having the control whether as owner, lessee or occupier of any land or building- (i) to have any latrine provided for the same shut out by a sufficient roof, wall or fence from the view of persons passing by or dwelling in the neighbourhood; or (ii) to cleanse in such manner as the Commissioner may specify in the notice any latrine or urinal belonging to the land or building; or (d) where any premises intended or used for human habitation are without any latrine or urinal accommodation or are provided with insufficient latrine or urinal accommodation, require the owner, lessee or occupier of such premises to provide such or such additional latrine or urinal accommodation as may be prescribed, if necessary, by causing any part of such premises to be vacated and demolished in accordance with the bye-laws made in this behalf. Failure to comply with requisition to enforce provision of latrine or urinal accommodation etc. 10000 1000 (clause (a), (b), (c) and (d))

(1) Where it appears to the Commissioner that any block of building is in an unhealthy condition by reason of the manner in which the buildings are crowded together, or of the narrowness, closeness, or faulty arrangement of streets, or for want of proper drainage and ventilation, or of the impracticability of cleansing the building or other similar cause, he shall cause the block to be inspected by the Corporation Health Officer and the Corporation Engineer, who shall make a report in writing to him regarding the sanitary condition of the block. (2) If upon receipt of such report the Commissioner considers that the sanitary condition of the block is likely to cause risk of disease to the inhabitants of the buildings or of the neighbourhood or otherwise to endanger the public health, he shall with the approval of the Corporation select the buildings which in his opinion should wholly or in part be removed in order to abate the unhealthy condition of the block and may thereupon by notice in writing require the owner of such buildings to remove them within such period as may be specified in the notice: Provided that before issuing the notice, reasonable opportunity should be afforded to the owners to show cause why the buildings should not be removed: Provided further that the Commissioner shall pay compensation to the owners for any buildings so removed which may have been erected under proper authority. (3) If a notice under sub-section (2) requiring any owner of a building to remove it is not complied with, then, after the expiration of the time specified in the notice the Commissioner may himself remove the building required to be removed by the notice and recover from the owner of the building the expenses of such removal as an arrear of tax under this Act. Failure to comply with requisition for removal of congested buildings. 10000 1000 (sub-section (2))

(1) Where the Commissioner upon information in his possession is satisfied that any building is in any respect unfit for human habitation, he may, unless in his opinion the building is not capable at a reasonable expense of being rendered fit, serve upon the owner of the building a notice requiring him within such time not being less than thirty days as may be specified in the notice to execute the works of improvement specified therein and stating that in his opinion those works will render the building fit for human habitation. (2) In addition to serving a notice under this section on the owner, the Commissioner may serve a copy of the notice on any other person having an interest in the building whether as a lessee, mortgagee or otherwise. (3) In determining whether a building can be rendered fit for human habitation at a reasonable expense regard shall be had to the estimated cost of the work necessary to render it so fit and the value which it is estimated that the building will have when the works are completed. Failure to comply with requisition to improve buildings unfit for human habitation. 10000 1000

If a notice under section 275 requiring the owner of the building to execute works of improvement is not complied with, then, after the expiration of the time specified in the notice the Commissioner may himself do the works required to be done by the notice and recover the expenses incurred in connection therewith as an arrear of tax under this Act.

(1) Where the Commissioner upon any information in his possession is satisfied that any building is unfit for human habitation and is not capable at a reasonable expense of being rendered so fit, he shall serve upon the owner of the building and upon any other person having an interest in the building, whether as a lessee, mortgagee or otherwise a notice to show cause within such time as may be specified in the notice as to why an order of demolition of the building should not be made. (2) If any of the persons upon whom a notice has been served under sub-section (1), appears in pursuance thereof before the Commissioner and gives an undertaking to him that such person shall, within a period specified by the Commissioner, execute such works of improvement in relation to the building as will, in the opinion of the Commissioner, render the building fit for human habitation or an undertaking that the building shall not be used for human habitation until the Commissioner on being satisfied that it has been rendered fit for that purpose, cancel the undertaking the Commissioner shall not make an order of demolition of the building. (3) If no such undertaking as is mentioned in sub-section (2) is given, or if in a case where any such undertaking has been given, any work of improvement to which the undertaking relates is not carried out within the specified period or the building is at any time used in contravention of the terms of the undertaking, the Commissioner shall forthwith make an order of demolition of the building requiring that the building shall be vacated within a period to be specified in the order not being less than thirty days from the date of the order, and that it shall be demolished within six weeks of the expiration of that period. (4) Where an order of demolition of a building under this section has been made, the owner of building or any other person having an interest therein shall demolish that building within the time specified in that behalf by the order, and if the building is not demolished within that time, the Commissioner, shall demolish the building and sell the materials thereof. (5) Any expenses incurred by the Commissioner under sub-section (4), if not satisfied out of the proceeds of the sale of materials of the building, shall be recovered from the owner of the building or any other person having an interest therein as an arrear of tax under this Act. (6) In determining, for the purposes of section 275 and this section, whether a building is unfit for human habitation, regard shall be had to its condition in respect of the following matters that is to say:- (a) repair; (b) stability; (c) freedom from damp; (d) natural light and air; (e) water supply; (f) drainage and sanitary conveniences; (g) facilities for storage, preparation and cooking of food and for the disposal of rubbish, filth and other polluted matter; and the building shall be deemed to be unfit as aforesaid if and only if it is so far defective in one or more of the said matters that it is not reasonably suitable for occupation in that condition. Explanation.- In sections 275, 276 and this section, "work of improvement" in relation to a building includes any one or more of the following works, namely :- (a) necessary repairs; (b) structural alterations; (c) provision of light points and water taps; (d) construction of drains, open or covered; (e) provision of latrines and urinals; (f) provision of additional or improved fixtures and fittings; (g) opening up or paving of court yard; (h) removal of rubbish, filth and other polluted and obnoxious matter; (i) any other work including the demolition of any building or any part thereof which, in the opinion of the Commissioner is necessary for executing any of the works specified above. (7) The provisions of sections 274, 275, 276 and this section shall not apply in relation to any building etc., in any area which has been declared to be a slum area under the Himachal Pradesh Slum Areas (Improvement and Clearance ) Act, 1979 (19 of 1979) . Failure to comply with order of demolition of buildings unfit for human habitation. 10000 1000 (sub-section (1), (2), (3) and (4))

Where the Commissioner upon any information in his possession is satisfied that any hut or shed used as dwelling house or as a stable or for any other purpose, is likely, by reason of its being constructed without a plinth or on account of the impracticability of scavenging and cleansing it or owing to the manner in which it and other huts or sheds are crowded together, to cause risk of disease to the inmates thereofor to the inhabitants of the neighbourhood, or is for any reason likely to endanger public health or safety, he may by notice in writing require the owner or occupier of the hut or shed or the owner or occupier of the land on which the hut or shed stands to remove or alter the hut or shed or carry out such improvement thereof as the Commissioner may deem necessary within such time as may be specified in the notice. Failure to comply with requisition of the Commissioner to remove insanitary huts and sheds etc. 10000 1000

(1) The Commissioner may by public notice, prohibit the washing of clothes by washermen in the exercise of their callings except at such places as he may appoint for the purpose. (2) When any such prohibition has been made, no person who is by calling a washerman shall in contravention of such prohibition wash clothes except for himself or for personal and family service or for hire on or within the premises of the hirer at any place other than a place appointed under sub-section (1) . Prohibition against washing by washerman 5000 500 (sub-section(1))

Any person being in charge of or in attendance whether as medical practitioner or otherwise, upon any person whom he knows or has reason to believe to be suffering from a dangerous disease, or being owner, lessee, or occupier of any building in which he knows that any such person is so suffering shall forthwith give information in respect of the existence of such disease to the Corporation Health Officer. Failure to give information of dangerous diseases. 10000 1000

When any person suffering from any dangerous disease is found to be - (a) without proper lodging or accommodation; or (b) living in a room or house which he neither owns nor pays rent for, nor occupies as the guest or relative of person who owns, or pays rent for it; or (c) living in a sarai, hotel, boarding house or other public hostel; or (d) lodged in premises occupied by members of two or more families, the Commissioner or any person authorised by him 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. (c) living in a sarai, hotel, boarding house or other public hostel; or (d) lodged in premises occupied by members of two or more families, the Commissioner or any person authorised by him 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.

Where the Commissioner is of the opinion that the cleansing and disinfection of any building or part of a building or of any article in such building or part of which are likely to retain infection or the renewal or flooring of any building or part of such building and the renewal or plastering of the walls thereof, would tend to prevent or check the spread of any dangerous disease, he may, by notice in writing, require the owner or occupier to cleanse and disinfect the said building, part or articles, as the case may be, or to renew the said flooring and if necessary the said plastering also within such time as may be specified in the notice: Provided that where in the opinion of the Commissioner the owner or occupier is from poverty unable effectually to carry out any such requisition, the Commissioner may at the expense of the Corporation cleanse and disinfect the building, or articles, or as the case may be, renew the flooring and if necessary, the plastering also. Failure to comply with requisition to cleanse and disinfect buildings or articles. 10000 1000

(1) Where the destruction of any hut or shed is in the opinion of the Commissioner necessary to prevent the spread of any dangerous disease, the Commissioner may by notice in writing require the owner to destroy the hut or shed and the materials thereof within such time as may be specified in the notice. (2) Where the Commissioner is satisfied that the destruction of any hut or shed is immediately necessary for the purpose of preventing the spread of any dangerous disease, he may, order the owner or occupier of the hut or shed to destroy the same forthwith or may himself cause it to be destroyed. (3) Compensation may be paid by the Commissioner, in any case which he thinks fit to any person who sustains substantial loss by the destruction of any such hut or shed, but, except as so allowed by the Commissioner, no claim for compensation shall lie for any loss or damage caused by any exercise of the power conferred by this section. Failure to comply with requisition to destroy infectious huts or sheds, 10000 1000

(1) The Commissioner shall - (a) provide proper places with necessary attendants and apparatus for the disinfection of conveyances, clothing, bedding and other articles which have been exposed to infection; (b) cause conveyances, clothing and other articles brought for disinfection to be disinfected either free of charge or on payment of such charges as he may fix. (2) The Commissioner may notify places at which articles of clothing, bedding and conveyances or other articles which have been exposed to infection shall be washed and if he does so, no person, shall wash any such thing at any place not so notified without having previously disinfected such thing. (3) The Commissioner may direct the destruction of any clothing, bedding or other articles likely to retain infection and may give such compensation as he thinks fit for any article so destroyed. Washing of clothing, bedding, etc. at any place not notified by the Commissioner. 5000 500

(1) In the event of the municipal area or any part thereof being visited or threatened by an outbreak of any dangerous disease among the inhabitants thereof or of any epidemic disease among any animals therein, the Commissioner, if he thinks that the other provisions of this Act and the provisions of any other law for the time being in force are insufficient for the purpose may, with the previous sanction of the Corporation,- (a) take such special measures; and (b) by public notice, give such directions to be observed by the public or by any class or section of the public, as he thinks necessary to prevent the outbreak or spread of the disease: Provided that where in the opinion of the Commissioner immediate measures are necessary, he may take action without such sanction as aforesaid and if he does so, shall forthwith report such action to the Corporation. (2) No person shall commit a breach of any direction given under sub-section (1) and if he does so he shall be deemed to have committed an offence under section 188 of the Indian Penal Code, 1860 (45 of 1860).

(1) A person shall not send or take to any washerman or to any laundry or place set apart for the exercise by washerman or their calling for the purpose of being washed or to any place for the purpose of being cleansed, any cloth or other article which he knows to have been exposed to infection from a dangerous disease unless that cloth or article has been disinfected by or to the satisfaction of the Corporation Health Officer. (2) The occupier of any building in which a person is suffering from a dangerous disease shall, if required by the Corporation Health Officer furnish to him the address of any washerman to whom or any laundry or other place to which clothes and other articles from the building have been or will be, sent during the continuance of the disease for the purpose of being washed or cleansed. Sending effected clothes to washerman or Laundry 5000 500 (sub-section(1)) Failure to furnish address of washerman or laundry to which clothes have been sent. 5000 500 (sub-section(2))

(1) Whoever- (a) uses a public conveyance while suffering from a dangerous disease; or (b) uses a public conveyance for the carriage of person who is suffering from any disease; or (c) uses a public conveyance for the carriage of the corpse of a person who had died from such disease; shall be bound to take proper precautions against the communication of the disease to other person using or who may thereafter use the conveyance and to notify such use to the owner, driver or person in charge of the conveyance and further report without delay to the Commissioner the number of the conveyance and the name of the person so notified. (2) Where any person suffering from, or the corpse of any person who has died from a dangerous disease has been carried, in public conveyance which ordinarily plies in the municipal area or any part thereof, the driver thereof, shall forthwith report the fact to the Commissioner who shall forthwith cause the conveyance to be disinfected if that has not already been done. (3) No such conveyance shall be again brought into use until the Corporation Health Officer has granted a certificate stating that it can be used without causing risk of infection. (4) Whoever fails to make to the Commissioner any report which he is required to make under this section shall be guilty of an offence. Use of public conveyances by persons suffering from a dangerous disease etc. 5000 500 (sub-section (1), (2) and (3))

Notwithstanding anything contained in any law for the time being in force no owner, driver or person in charge of a public conveyance shall be bound to convey or to allow to be conveyed in such conveyance in or in the vicinity of the municipal area any person suffering from a dangerous disease or the corpse of any person who had died from such disease unless and until such person pays or tenders a sum sufficient to recover any loss and expenses which would ordinarily be incurred in disinfecting the conveyance.

(1) Where any building or part of a building is intended to be let in which any person has, within six weeks immediately preceding, been suffering from a dangerous disease, the person letting the building or part shall, before doing so disinfect the same in such manner as the Commissioner may by general or special notice direct together with all articles therein liable to retain infection. (2) For the purposes of this section the keeper of a hostel, hotel, lodging house or sarai shall be deemed to let a part of the building to any person accommodated in such hostel, hotel, lodging house or sarai, as the case may be.

No person shall, without previous disinfection give, lend, sell, transmit or otherwise dispose of to another person any article or thing which he knows or has reason to believe was exposed to contamination by dangerous disease and is likely to be used in or taken into the municipal area or any part thereof. Disposal of infected articles without disinfection. 5000 500

No person while suffering from, or in circumstances in which he is likely to spread any dangerous disease, shall - (a) make, carry or offer for sale or take any part in the business of making, carrying or offering for sale, any article of food or drink or any medicine or drug for human consumption, or any article of clothing or bedding for personal use or wear; or (b) take any part in the business of the washing or carrying of clothes. Making or selling of food, etc. or washing of clothes by infected persons. 10000 1000 Making or selling of food, etc. or washing of clothes by infected persons (Fine: Rs. 10000; Daily Fine: Rs. 1000)

When the municipal area or any part thereof is visited or threatened by an outbreak of any dangerous disease, the Commissioner may, by public notice, restrict in such manner or prohibit for such period as may be specified in the notice, the sale or preparation of any article of food or drink for human consumption specified in the notice or the sale of flesh of any description of animal so specified. Sale of food or drink in contravention of restriction or prohibition of the Commissioner (Fine: Rs. 10000; Daily Fine: Rs. 1000)

(1) If the Commissioner is of opinion that the water in any well, tank or other place is likely if used for drinking, to endanger, or cause the spread of any disease, he may - (a) by public notice, prohibit the removal or use of such water for drinking; or (b) by notice in writing, require the owner or person having control of such, well, tank or place to take such steps as may be directed by the notice to prevent the public from having access to or using such water; or (c) take such other steps as he may consider expedient to prevent the outbreak or spread of any such disease. (2) In the event of the municipal area or any part thereof being visited or threatened by an outbreak of a dangerous disease, the Corporation Health Officer or any person authorised by him in this behalf, may without notice and at any time, inspect and disinfect any well, tank or other place from which water is or is likely to be taken for the purpose of drinking and may further take such steps as he may think fit to ensure the purity of the water or to prevent the use of the same for drinking purposes. Removal or use of water from wells and tanks in contravention of prohibition of Commissioner. 10000 1000 Removal or use of water from wells and tanks in contravention of prohibition of Commissioner (Fine: Rs. 10000; Daily Fine: Rs. 1000)

No person shall- (a) knowing that he is suffering from dangerous disease expose other persons to the risk of infection by his presence or conduct in any public street or public place; (b) having the care of a person whom he knows to be suffering from a dangerous disease, cause or permit that person to expose other persons to the risk of infection by his presence or conduct in any such street or place as aforesaid; (c) place or cause to be placed in a dustbin or other receptacle for the deposit of rubbish, any matter which he knows to have been exposed to or having infection from a dangerous disease and which has not been disinfected properly; (d) throw or cause to be thrown into any latrine or urinal any matter which he knows to have been exposed to infection from a dangerous disease and which has not been disinfected properly.

Where any person has died from any dangerous disease the Commissioner may by notice in writing- (a) require any person having charge of corpse to convey the same to mortuary thereafter to be disposed of in accordance with law; or (b) prohibit the removal of corpses from the place where the death occurred except for the purpose of being burnt, buried or from being conveyed to a mortuary. Removal of infectious corpses in contravention of the provision of the section. 10000 1000 Removal of infectious corpses in contravention of the provision of the section (Fine: Rs. 10000; Daily Fine: Rs. 1000)

(1) No person being a Safai Karamchari employed in the Corporation service shall in the absence of any contract authorising him so to do, resign his employment without having given one month's notice to the Commissioner or shall abstain himself or neglect or refuse to perform his duties without reasonable cause. (2) The Corporation may by resolution direct that on or from such date as may be specified in the resolution, the provisions of this section shall apply in the case of any specified class of persons employed by the Corporation whose functions are intimately concerned with public health or safety. Absence of sweepers, etc., from duty without notice. Imprisonment which may extend to one month of Rs. 10000 or both. - (sub-section(1)) Absence of sweepers, etc., from duty without notice (Penalty: Imprisonment which may extend to one month or Rs. 10000 or both)

The Commissioner may, by notice in writing, require the owner or person incharge of any building or burial grounds, cremation ground or electric crematorium to supply such information as may be specified in the notice concerning the condition, management or position of such ground. Failure to supply information by persons in- charge of burning or burial grounds. 5000 500

(1) No place which has not been used as a burning or burial ground, cremation ground or electric crematorium before the commencement of this Act, shall be so used without the permission in writing of the Commissioner. (2) Such permission may be granted subject to any condition which the Commissioner may think fit to impose for the purpose of preventing any annoyance to or danger to the health of any person residing in the neighbourhood. Use of new burning or burial ground without permission (Fine: Rs. 5000; Daily Fine: Rs. 500)

(1) Where the Commissioner, after making or causing to be made local enquiry, is of opinion that any burning or burial grounds or cremation ground or electric crematorium, has become offensive to, or dangerous to the health of persons residing in the neighbourhood, he may with the previous sanction of the Corporation, by notice in writing, require the owner or person incharge of such ground to close the same from such date as may be specified in the notice. (2) No corpse shall be burnt or buried at the burning or burial ground in respect of which a notice has been issued under this section. Failure to comply with requisition to close burning or burial grounds. 10000 1000 (sub-section (1)) Burning or burial of corpses in burial grounds after it has been closed. 10000 1000 (sub-section (2)) (1) Failure to comply with requisition to close burning or burial grounds (Fine: Rs. 10000; Daily Fine: Rs. 1000). (2) Burning or burial of corpses in burial grounds after it has been closed (Fine: Rs. 10000; Daily Fine: Rs. 1000)

The Commissioner may by public notice prescribe routes by which alone corpses may be removed to burning or burial grounds. Removal of corpses by other than prescribed routes. 10000 1000

(1) Whenever any animal in the charge of any person dies, the person incharge thereof shall within twenty-four hours either - (a) convey the carcass to a place provided or appointed under section 263 for the final disposal of the carcasses of dead animals; or (b) give notice of the death to the Commissioner where upon he shall cause the carcass to be disposed of. (2) In respect of the disposal of the carcass of dead animals under clause (b) of sub-section (1) the Commissioner may charge such fees as he may by public notice specify. Failure to give notice for removal of corpses of dead animals 10000 1000 (sub-section (1) clause (b)) Failure to give notice for removal of corpses of dead animals (Fine: Rs. 10000; Daily Fine: Rs. 1000)

(1) No person shall- (a) in any public street or public place :- (i) ease himself; or (ii) carry meat exposed to public view; or (iii) picket animals or collect carts; or (iv) being engaged in the removal of rubbish, filth or other polluted and obnoxious matter wilfully or negligently permit any portion thereof to spill or fall or neglect to sweep away or otherwise effectually to remove any portion thereof which may spill or fall in such street or place; or (v) without proper authority affix, upon any building, monument, post, wall, fence, trees or other things, any bill, notice or other document : or (vi) without proper authority deface or write upon or otherwise mark any building, monument, post, wall, fence, tree or other thing; or (vii) without proper authority remove, destroy, deface or otherwise obliterate any notice or other document put up or exhibited under this Act or the rules or bye-laws made thereunder; or (viii) without proper authority displace, damage, make any alteration in, or otherwise interfere with, the pavement, gutter, storm, water-drain, sign-board or other materials of any such street or any lamp, bracket, direction post, hydrant or water pipe maintained by the Corporation in any such street or place, or extinguish a public light; or (ix) carry rubbish, filth or other polluted or obnoxious matter at any hour prohibited by the Commissioner by public notice, or in any pattern of cart or receptacle which has not been approved for the purpose by the Commissioner, or fail to close such cart or receptacle when in use; or (b) carry rubbish, filth or other polluted or obnoxious matter along any route in contravention of any prohibition made in this behalf by the Commissioner by public notice; or (c) deposit, or cause or permit to be deposited, earth or materials of any description or any rubbish or polluted or obnoxious matter in any place not intended for the purpose or in any public street or public place or unoccupied land under the management of the Corporation; or (d) make any grave or burn or bury any corpse at any place not set a part for such purpose; or (e) at any time or place at which the same has been prohibited by the Commissioner by public or special notice, beat a drum or tom-tom or blow a horn or trumpet, or beat any utensil, or sound any brass or other instrument, or play any music; or (f) disturb the public peace or order by singing, screaming or shouting or by using any apparatus for amplifying or reproducing the human voice, such as a megaphone or a loudspeaker; or (g) let loose any animal so as to cause, or negligently allow any animal to cause, injury, danger, alarm or annoyance to any person; Commission of nuisances 5000 100 (sub-section (1), (2), (3) and (6))

Where the Commissioner is of opinion that there is a nuisance on any land or building, he may, by notice in writing, require the person by whose act, default or sufferance the nuisance arises or continues or the owner, lessee or occupier of the land or building, or one or more of these persons to remove or abate the nuisance by taking such measures in such manner and within such period as may be specified in the notice. Failure to comply with requisition for removal or abatement of nuisance (Fine: Rs. 10000; Daily Fine: Rs. 1000)

(1) The Corporation may, by bye-laws made in this behalf,- (a) require the registration by the registering authority appointed by the Commissioner in this behalf of all dogs kept within the municipal areas; (b) require that every registered dog shall wear a collar to which shall be attached a metal token to be issued by the registering authority, and fix the fee payable for the issue thereof; (c) require that any dog which has not been registered or which is not wearing such token shall, if found in any public place, be detained at a place set apart for the purpose; and (d) fix the fee which shall be charged for such detention and provide that any such dog shall be liable to be destroyed or otherwise disposed of unless it is claimed and the fee in respect thereof is paid within one week. (2) The Commissioner may,- (a) cause to be destroyed or to be confined for such period as he may direct, any dog or other animal which is, or is reasonably suspected to be, suffering from rabbis, or which has been bitten by any dog or other animal suffering or suspected to be suffering from rabbis; (b) by public notice direct that, after such date as may be specified in the notice, dogs which are without collars or without marks, distinguishing them as private property and are found straying on the streets or beyond the enclosures of the houses of their owners, if any, may be destroyed and cause them to be destroyed accordingly. (3) No damages shall be payable in respect of any dog or other animals destroyed or otherwise disposed of under this section. (4) No one, being the owner or person incharge of any dog, shall allow it to be at large in any public street or public place without being muzzled and without being secured by a chain lead in any case in which - (a) he knows that the dog is likely to annoy or intimidate any person; (b) the Commissioner has, by public notice during the prevalence of rabbis, directed that dogs shall not be at large without muzzled and chain leads. (5) No one shall - (a) allow any ferocious dog which belongs to him or is in his charge to be at large without being muzzled; or (b) set on or urge any dog or other animal to attack, worry or intimidate any person; or (c) knowing or having reason to believe that any dog or animal belonging to him or in his charge has been bitten by any animal suffering or reasonably suspected to be suffering from rabbis, fail or neglect to give immediate information of the fact to the Commissioner or give information which is false. (4) Dogs not to be at large in a street without being secured by a chain lead (Fine: Rs. 5000; Daily Fine: Rs. 500). (5) Ferocious dogs at large without being muzzled, etc. (Fine: Rs. 5000; Daily Fine: Rs. 500)

The Commissioner may by public notice, prohibit in any case where such prohibition appears to him to be necessary for the prevention of danger to life or property, the stacking or collecting of wood, dry grass, straw or other inflammable materials or the placing of mats or thatched huts or the lighting of fires in any place which may be specified in the notice. Stacking inflammable material in contravention of prohibition (Fine: Rs. 10000; Daily Fine: Rs. 1000)

No person shall set a naked light on or near any building in any public street or other public place in such manner as to cause danger of fire : Provided that nothing in this section shall be deemed to prohibit the use of lights for the purpose of illumination on the occasion of a festival or public or private entertainment.

No one shall discharge any fire-arm or let off fireworks or fire-balloons or engage in any game in such manner as to cause or to be likely to cause danger to person passing by or dwelling or working in the neighbourhood or risk of injury to property. Discharging fire-works, fire arms, etc., likely to cause danger (Fine: Rs. 5000; Daily Fine: Rs. 500)

Where any building, or wall, or anything affixed thereto, or any well, tank, reservoir, pool depression or excavation, or any bank or tree, is in the opinion of the Commissioner, in a ruinous state, for want of sufficient repairs, protection or enclosure, a nuisance or dangerous to persons passing by or dwelling or working in the neighbourhood, the Commissioner may by notice in writing require the owner or part-owner or person claiming to be the owner or part-owner thereof or failing any of them, the occupier thereof, to remove the same or may require him to repair, protect or enclose the same in such manner as he thinks necessary; and if the danger is, in the opinion of the Commissioner, imminent, he shall forthwith takes such steps as he thinks necessary to avert the same. Failure to comply with requisition to render buildings, wells etc. safe (Fine: Rs. 10000; Daily Fine: Rs. 1000)

The Commissioner may, by notice in writing, require the owner or part-owner, or person claiming to be the owner or part-owner of any land or building or the lessee or the person claiming to be the lessee of any such land which by reason of misuse or disputed ownership or other cause, has remained unoccupied and has become the resort of the idle and disorderly person or of persons who have no ostensible means of subsistence or cannot give a satisfactory account of themselves or is used for gaming or immoral purposes or otherwise occasions or is likely to occasion a nuisance, secure and enclose the same within such time as may be specified in the notice. Failure to comply with requisition to enclose land used for improper purposes (Fine: Rs. 10000; Daily Fine: Rs. 1000)

For the prevention and extinction of fire, the Corporation 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.

(1) On the occasion of a fire in the municipal area any Magistrate, the Commissioner of the Corporation, any member of a fire brigade maintained by the Corporation 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 which 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 purposes 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 shot off so as to give greater pressure of water in or near the place where the fire has occurred; (e) call on the persons incharge of any fire engine to render such assistance as may be possible; (f) generally, take such measures as may appear necessary for preservation of life or property. (2) When any Government building is endangered by fire, the officer of the Public Works Department for the time being incharge of the building may also exercise the powers conferred under sub-section (1). (3) No person shall be liable to pay damage for any act done by him under sub-sections (1) and (2) in good faith. (4) 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 powers conferred by the last foregoing section shall be subject to any regulations, conditions or restrictions which may be imposed by the rules.

(1) The Commissioner, when authorised by the Corporation in this behalf, may provide and maintain municipal markets and slaughter houses in such number as he thinks fit together with stalls, shops, sheds, pens and other buildings and conveniences for the use of persons carrying on trade or business in, or frequenting such markets or slaughter houses and may provide and maintain in such markets, buildings and places, machines, weights, scales and measures for the weighment or measurement of goods sold therein. (2) Municipal markets and slaughter houses shall be under the control of the Commissioner who may at any time, by public notice, close any municipal market or slaughter house or any part thereof.

(1) No person shall, without the general or special permission in writing of the Commissioner, sell or expose for the sale of any animal or article in any municipal market. (2) Any person contravening the provisions of sub-section (1), and any animal or article exposed for sale by such person, may be summarily removed from the market by or under the orders of the Commissioner or any officer or employees of the Corporation authorised by the Commissioner in this behalf. Sale in municipal markets without permission (Fine: Rs. 10000; Daily Fine: Rs. 1000)

(1) No place other than a municipal market shall be used as a market unless such place has been licensed as a market by the Commissioner. (2) No place other than a municipal slaughter house shall be used as slaughter house: Provided that nothing in this sub-section shall be deemed- (a) to restrict the slaughter of any animal in any place on the occasion of any religious festival or ceremony, subject to such conditions as the Commissioner may, by public or special notice, impose in this behalf, or (b) to prevent the Commissioner, with the sanction of the Corporation, from setting apart places for the slaughter of animals in accordance with religious customs. (1) Use of places as private market without a licence and use of places other than a municipal slaughter house as slaughter house (Fine: Rs. 10000; Daily Fine: Rs. 1000). (2) Proviso (a) Non-compliance with condition, imposed by Commissioner (Fine: Rs. 10000; Daily Fine: Rs. 1000)

(1) The Commissioner may charge such fees as he thinks fit to impose for the grant of a licence to any person to open a private market and may grant such licence subject to such conditions, consistent with this Act and any bye-laws made thereunder, as he thinks fit to impose. (2) When the Commissioner refuses to grant any licence, he shall record a brief statement of the reasons for such refusal. (3) The Commissioner may, with the previous approval of the Corporation and for reasons to be recorded, suspend a licence in respect of a private market for such period as he thinks fit or cancel such licence: Provided that no such licence shall be cancelled without giving an opportunity of being heard to the licensee. (4) A private market of which the licence has been suspended or cancelled as aforesaid, shall be closed with effect from such date as may be specified in the order of suspension or cancellation.

(1) No person shall keep open for public use any market in respect of which a licence is required by or under this Act without obtaining a licence therefor or while the licence therefor is suspended or after the same has been cancelled. (2) When a licence to open a private market is granted or refused or is suspended or cancelled, the Commissioner shall cause a notice of the grant, refusal, suspension or cancellation to be pasted in such language or languages as he thinks necessary in some conspicuous place by or near the entrance to the place to which the notice relates. Keeping market open without licence etc. (Fine: Rs. 10000; Daily Fine: Rs. 1000)

No persons knowing that any market has been opened to the public without a licence having been obtained thereof when such licence is required by or under this Act or that the licence granted therefor is for the time being suspended or that it has been cancelled, shall sell or expose for sale any animal or article in such market.

(1) No animal or article shall be sold or exposed for sale within a distance of one hundred metres of any municipal market or licenced private market without the permission of the Commissioner. (2) Any person contravening the provision of sub-section (1) and any animal or article exposed for sale by such person may be summarily removed by or under the order or the Commissioner or any officer or employee of the Corporation appointed by him in this behalf. Carrying on business or trades near a market (Fine: Rs. 10000; Daily Fine: Rs. 1000)

The Commissioner, with the previous approval of the Corporation, may- (a) charge such stallages, rents or fees as may from time to time be fixed by him in this behalf - (i) for the occupation or use of any stall, shop, stand, shed or pen in a municipal market or municipal slaughter house; (ii) for the right to expose articles for sale in a municipal market; (iii) for the use of machines, weights, scalesand measures provided for in any municipal market; and (iv) for the right to slaughter animals in any municipal slaughter house and for the feed of such animals before they are ready for slaughter; or (b) put upto public auction or dispose of by private sale, the privilege of occupying or using any stall, shop, stand, shed or pen in a municipal market or municipal slaughter house for such period and on such condition as he may think fit.

A copy of the table of stallages, rents and fees, if any, chargeable in any municipal market or municipal slaughter house and of the bye-laws made under this Act for the purpose of regulating the use of such market or slaughter house printed in such language or languages as the Commissioner may direct, shall be affixed in some conspicuous place in the market or slaughter house.

(1) No person shall without or otherwise than in conformity with a licence from the Commissioner carry on the trade of a butcher, fishmonger, poulterer or importer of flesh intended for human food or use any place for the sale of flesh, fish or poultry intended for human food : Provided that no licence shall be required for any place used for the sale or storage for sale of preserved flesh or fish contained in air tight hermetically sealed receptacles. (2) The Commissioner may, by order and subject to such conditions as to supervision and inspection as he thinks fit to impose, grant a licence or may by order, refuse for reasons to be recorded, to grant the same. (3) Every such licence shall expire at the end of the year for which it is granted or at such earlier date as the Commissioner may, for special reasons, specify in the licence. (4) If any place is used for the sale of flesh, fish or poultry in contravention of the provisions of this section, the Commissioner may stop the use thereof by such means as he may consider necessary. Carrying on butcher’s, fish-monger’s or poulter’s trade without licence, etc. (Fine: Rs. 5000; Daily Fine: Rs. 500)

(1) No person shall, without the previous permission in writing of the Commissioners establish in any premises, or materially alter, enlarge or extend, any factory, workshop or trade premises in which it is intended to employ steam, electricity, water or other mechanical power. (2) The Commissioner may refuse to give such permission, if he is of opinion that the establishment, alteration, enlargement or extension of such factory, workshop or trade premises, in the proposed position would be objectionable by reasons of the density of the population in the neighbourhood thereof, or would be a nuisance to the inhabitants of the neighbourhood. Establishment of factory etc., without permission (Fine: Rs. 10000; Daily Fine: Rs. 1000)

(1) No person shall use or permit to be used any premises for any of the following purposes without or otherwise than in conformity with the terms of a licence issued by the Commissioner in this behalf, namely :- (a) any of the purposes specified in Part-I of the Schedule I; (b) any purpose which is, in the opinion of the Commissioner dangerous to life, health or property or is likely to create a nuisance; (c) keeping horses, cattle or other quadruped animals or birds for transportation, sale or hire or for sale of the produce thereof; or (d) storing any of the articles specified in Part II of the Schedule-I except for domestic use of those articles: Provided that the Corporation may declare that premises in which the aggregate quantity of article stored for sale does not exceed such quantity as may be prescribed by bye-laws in respect of any such articles shall be exempted from the operation of clause (d). (2) In prescribing the terms of a licence granted under this section for the use of premises as mills or iron yards or for similar purposes, the Commissioner may, when he thinks fit, require the licensee to provide a space or passage within the premises for carts for loading and unloading purposes. (3) The Corporation shall fix a scale of fees to be paid in respect of premises licenced under sub-section (1): Provided that no such fee shall exceed Rs. 500. Provided that the Corporation may charge registration fee at such rate as may be fixed by it. (3) It shall be the duty of the Corporation to assist the officials or persons engaged by Animal Husbandry Department for applying appropriate identification mark on each cattle and to maintain the record of identification. (4) If any cattle with identification mark is found stray, the owner of the cattle shall be identified by the Corporation from the record maintained by it and such owner shall be liable for penalty of rupees five hundred for the first offence which shall be imposed by the Commissioner or the Officer authorized by him in this behalf. (5) If the Corporation fails in identifying such stray cattle due to tempering with identification mark or mutilation thereof, it shall report the matter to the In-charge of the nearest Animal Husbandry Department who shall lodge the stray cattle to the nearest Goshala. Certain things not to be kept and certain trades and operations not to be carried on without a licence (Fine: Rs. 10000; Daily Fine: Rs. 1000)

Seizure of certain animals. (1) If any horses, cattle or other quadruped animals or birds are kept on any premises in contravention of the provision of section 324 or are found abandoned and roaming or tethered on any street or public place or on any land belonging to the Corporation, the Commissioner or any officer empowered by him may seize them and may cause them to be impounded or removed to such place as may be appointed by the Government or the Corporation for this purpose and cost of seizure of these animals or birds and of impounding or removing them and of feeding and watering them shall be recoverable by sale by auction of these animals or birds: Provided that anyone claiming such animals or birds may, within seven days of this seizure get them released on his paying all expense incurred by the Commissioner in seizing, impounding or removing and in feeding and watering such animals or birds, and on his producing a licence for keeping these animals and birds issued under the provisions of section 324. (2) Whenever the Commissioner is of the opinion that the user of any premises for any of the purposes referred to in sub-section (1) of section 324 in causing a nuisance and such nuisance should be immediately stopped, the Commissioner may order the owner or the occupier of the premises to stop such nuisance within such time as may be specified in the order and in the event of the failure of the owner or occupier to comply with such order, the Commissioner may himself or by an officer subordinate to him, cause such user to be stopped. (3) Without prejudice to the foregoing provisions of this section any person by whom or at whose instance any horses, cattle or other quadruped animals or birds are so kept, abandoned or tethered, shall also be punishable under this Act. Keeping, abandonment or tethering of animals, etc. (Fine: Rs. 5000; Daily Fine: Rs. 500)

(1) The Commissioner may give public notice of his intention to declare that in any area specified in the notice, no person shall use any premises for any of the purposes referred to in sub-section (1) of section 324 which may be specified in such notice. (2) No objections to any such declaration shall be received after period of one month from the publication of the notice. (3) The Commissioner shall consider all objections received within the said period giving any person affected by the notice an opportunity of being heard and may thereupon make declaration in accordance with the notice published under sub-section (1), with such modifications, if any, as he may think fit. (4) Every such declaration shall be published in the Official Gazette and in such other manner as the Commissioner may determine, and shall take effect from the date of its publication in the Official Gazette. (5) No person shall, in any area specified in any declaration published under sub-section (4), use any premises for any of the purposes referred to in section 324 specified in the declaration and the Commissioner shall have the power to stop the use of any such premises by such means as he considers necessary. Use of premises in contravention of declaration (Fine: Rs. 10000; Daily Fine: Rs. 1000)

Licences for hawking articles etc. No person shall, without or otherwise than in conformity with the terms of a licence granted by the Commissioner in this behalf - (a) hawk or expose for sale in any place any article whatsoever whether it be for human consumption or not; (b) use in any place his skill in any handicraft or for rendering service to and for the convenience of the public for the purposes of gain or making a living.

Eating houses etc. not to be used without licence from Commissioner. (1) No person shall, without or otherwise than in conformity with the terms of a licence granted by the Commissioner in this behalf, keep any eating house, lodging house, hotel, boarding houses, tea shop, coffee house, cafe, restaurant, refreshment room or any place where the public is admitted for repose or for the consumption of any food or drink or any place where food is sold or prepared for sale. (2) The Commissioner may at any time cancel or suspend any licence granted under sub-section (1) if he is of opinion that the premises covered thereby are not kept in conformity with the conditions of such licence or with the provisions of any bye-laws made in this behalf.

Licencing and control of theatre, circuses and places of public amusement. No person shall without or otherwise than in conformity with the terms of licence granted by the Commissioner in this behalf, keep open any theatre, circus, cinema house, dancing hall or other similar place of public resort, recreation or amusement : Provided that nothing in this section shall apply to private performances in any such place.

Power of Commissioner to stop use of premises used in contravention of licences. If the Commissioner is of opinion that any eating house, lodging house, hotel, boarding house, tea shop, coffee house, cafe, restaurant, refreshment room or other place where the public is admitted for repose or for consumption of any food or drink or where food is sold or prepared for sale or any theatre, circus, cinema house, dancing hall or similar other place of public resort, recreation or amusement is kept open without a licence or otherwise than in conformity with the terms of a licence granted in respect thereof, he may stop the use of any such premises for any such purpose for a specified period by such means as he may consider necessary.

Power of Commissioner to inspect places where unlawful slaughter of animals etc. is suspected. (1) If the Commissioner or any person authorised by him in this behalf has reason to believe that any animal intended for human consumption is being slaughtered or that the flesh of any such animal is being sold or exposed for sale, in any place or manner not duly authorised under this Act, he may at any time by day or night without notice, inspect such places for the purpose of satisfying himself as to whether any provisions of this Act or any bye-law made under this Act at the time in force is being contravened there at and may seize any such animal or the carcass of such animal or such flesh found therein. (2) The Commissioner may remove and sell by auction or otherwise dispose of any animal or carcass of any animal or any flesh seized under sub-section (1). (3) If within one month of such seizure the owner of the animal, carcass or flesh fails to appear and prove his claim to the satisfaction of the Commissioner or if the owner is convicted of an offence under this section in respect of such animal, carcass or flesh, the proceeds of any sale under sub-section (1) shall vest in the Corporation. (4) Any person slaughtering any animal or selling or exposing for sale the flesh of any such animal in any place or manner not duly authorised under the provisions of this Act shall be punishable with imprisonment upto six months and may be arrested by any police officer without a warrant. (5) No claim shall lie against any person for compensation for any damage necessarily caused by any entry or by the use of any force necessary for effecting any entry under this section.

Improvement scheme. Where the Commissioner upon information is satisfied in respect of any area - (a) that the buildings in that area are by reason of disrepair or sanitary defects, unfit for human habitation or are by reason of their bad arrangement, or the narrowness or bad arrangement of the streets or the want of light, air, ventilation or proper conveniences, dangerous or injurious to the health of the inhabitants of the area; and (b) that the most satisfactory method dealing with the conditions in the area is the rearrangement and reconstruction of the streets and buildings in the area in accordance with an improvement scheme, he may frame an improvement scheme in respect of the area in accordance with the bye-laws made in this behalf.

(1) An improvement scheme may provide for all or any of the following matters, namely:-(a) the acquisition by agreement or under the Land Acquisition Act, 1894 (1 of 1894) of any property necessary for or affected by the execution of the scheme; (b) the relaying out of any land comprised in the scheme; (c) the redistribution of sites belonging to owners of property comprised in the scheme; (d) the closure or demolition of building or portions of buildings unfit for human habitation; (e) the demolition of obstructive buildings or portions thereof; (f) the construction and reconstruction of buildings; (g) the construction and alteration of streets; (h) the water supply, street lighting, drainage and other conveniences; (i) the provision of urban amenities and facilities such as parks, garden, play ground; (j) the sanitary arrangements required for the area comprised in the scheme; (k) the provision of accommodation for any class of the inhabitants; (l) the provision of facilities for communication; (m) the sale, letting or exchange of any property comprised in the scheme; (n) urban forestry, protection of the environment and promotion of ecological aspects; (o) Urban poverty elevation; (p) promotion of cultural, educational and aesthetic aspects; (q) cattle pounds, prevention of cruelty to animals; (r) public amenities including street light, parking lots, bus stops and public conveniences; and (s) any other matter for which, in the opinion of the Commissioner it is expedient to make provision with a view to the improvement of the area to which the scheme relates. (2) Where any land is designated in an improvement scheme as subject to acquisition or is required by the scheme to be kept as an open space, then, if at the expiration of ten years from the date of sanction of the scheme by the Government under sub-section (2) of section 334 the land is not acquired by the Commissioner, the owner of the land may serve on the Commissioner, a notice requiring his interest in the land to be so acquired. (3) If the Commissioner fails to acquire the land within a period of six months from the receipt of the notice, the improvement scheme shall have effect after the expiration of the said six months and if the land were not designated as subject to acquisition by the Commissioner or were not required to be kept as an open space. (4) The Commissioner may prepare a scheme in the slum improvement and up-gradation of the area as provided in the Himachal Pradesh Slum Areas (Improvement and clearance) Act, 1979 (19 of 1979).

Submission of improvement scheme to the Corporation for approval and to the Government for sanction. (1) Every improvement scheme shall, as soon as may be, after it has been framed, be submitted by the Commissioner for approval to the Corporation and the Corporation may either approve the scheme without modifications or with such modifications as it may consider necessary or reject the scheme with directions to the Commissioner to have a fresh scheme framed according to such directions. (2) No improvement scheme approved by the corporation under sub-section (1) shall be valid unless it has been sanctioned by the Government.

Publication of the notice after scheme is sanctioned. (1) After an improvement scheme is sanctioned by the Government, the Commissioner shall prepare a notice stating -(a) the fact that the scheme has been sanctioned; (b) the boundaries of the area comprised in the scheme; and (c) the place at which particulars of the scheme, a map of the area comprised in the scheme, and a statement of the land which it is proposed to acquire may be seen. (2) The Commissioner shall cause the aforesaid notice to be published in the Official Gazette and also in the manner specified in section 364.

Rehousing scheme. The Commissioner, while framing the improvement scheme under this chapter for any area may also frame a scheme, (hereinafter in this Act referred to as the rehousing scheme,) for the construction, maintenance and management of such and so many buildings as he may consider necessary for providing accommodation for persons who are likely to be displaced by the execution of the improvement scheme.

Improvement scheme and rehousing scheme to comply with master plan and zonal development plan. No improvement scheme or rehousing scheme framed under this chapter after development plan for the municipal area or a zonal development plan for any part thereof has been prepared in accordance with law shall be valid unless such scheme is in conformity with the provisions of the development plan or the zonal development plan.

If the corporation, upon consideration of report from the commissioner or any other information is satisfied that is expedient to provide housing accommodation for the economically weaker sections in any area and that such accommodation can be provided without making an improvement scheme, the Corporation shall cause that area to be defined on a plan and pass a resolution authorising the Commissioner to provide such accommodation -(a) by the erection of buildings or by attachment of land belonging to the Corporation or of land acquired by the corporation for the purpose; (b) by the conversion of any buildings belonging to the corporation into dwellings for the economically weaker sections.

Prohibiting felling, cutting, damaging, destroying any tree in any urban area. No person shall cut, damage, destroy, fell or remove any tree of the prescribed class, whether included in a private holding or not, within the jurisdiction of the Municipal Corporation, except with prior permission obtained from the State Government under the provisions made in this Chapter or any rules made thereunder. Explanation.- For the purpose of this section the expression "damage" in relation to a tree shall include,-(a) girdling, drilling of holes, boring and use of poisonous substance; (b) cutting and exposure of roots or making a tree dangerous; (c) setting fire to a tree or its branches; (d) debarking or stripping of the bark; (e) extraction of resin and gum; (f) lopping of branches; (g) extraction and removal of torchwood; (h) damage to trees by throwing debris or stones; but such damage shall not include the damage which is caused,-(1) by the bonafide exercise of the rights of the right holders of the area; (2) by lopping of branches of trees which are grown mainly for fodder, horticultural or ornamental purposes.

Constitution of Tree Authority. (1) The State Government shall by notification, constitute the Tree Authority consisting of the following:-(i) the Mayor of the Municipal Corporation; (ii) the Commissioner; (iii) the Divisional Forest Officer having jurisdiction over the city; (iv) the District Horticulture Officer having jurisdiction over the city; and (v) one Councillor to be nominated by the Mayor. (2) The Mayor shall be the Chairman of the Tree Authority.

Meeting of Tree Authority. (1) The Tree Authority shall meet at least once in two months at such place and time as the chairman may decide. (2) The quorum to constitute a meeting of the Tree Authority shall be one half of the total number of its members.

Duties of Tree Authority. Notwithstanding anything in the Act, the Tree Authority shall subject to any general or special order of the state Government be responsible for-(a) the preservation of all trees within its jurisdiction; (b) obtaining declaration from all owners or occupants about the number of trees in their lands; (c) specifying the standards regarding the number and kind of trees in each locality, type of land and premises shall have; (d) assisting private and public institutions connected with planting and preservation of trees; and (e) undertaking such schemes or measures as may be directed from time to time for achieving the objectives of these provisions.

The State Government shall appoint one or more Forest Officers not below the rank of an Assistant Conservator of Forests as Tree Officer for the territorial limits of a Municipal Corporation. Every Tree Officer shall exercise jurisdiction over the whole or such part of the areas of the Municipal Corporation as the State Government may from time to time determine.

Application for permission for cutting/felling or removal of a tree. (1) Any person intending to cut, fell or remove a tree within the territorial jurisdiction of the corporation shall make an application to the Tree Officer, in such form and containing such particulars and accompanied by such documents as may be prescribed. (2) Such application shall be accompanied by such fee as may be prescribed.

Permission for felling of tree. (1) On receipt of application from any person to fell any standing tree or to cut, lop, remove or otherwise dispose of a fallen tree, the Tree Authority shall, after making such inquiry as it may think fit, and with prior approval of the Government either permit in whole or in part or refuse the permission applied for : Provided that no such permission shall be refused if the tree - (i) is dead, diseased or wind-fallen; or (ii) constitute a danger to life or property; or (iii) is substantially damaged or destroyed by fire, lightning, rain or other natural causes. (2) Where permission to fell a standing tree or to cut, remove or otherwise dispose of a fallen tree is granted, the Tree Authority may impose condition that the applicant shall plant another tree or trees of the same or other suitable species preferably on the same site within sixty days of the date on which the tree is felled or within such extended time as the Tree Authority may allow. (3) The permission granted under this section shall be valid for a period of 180 days from the date on which the sanction is conveyed to the applicant. If the applicant fails to cut, fell, lop or remove the tree permitted to be cut, felled, lopped, or removed within the aforesaid period of 180 days, the permission granted shall lapse, unless the applicant obtains from the Commissioner an extension of time on an application for extension and payment of prescribed fee.

(1) If in the opinion of the Tree Officer the number of trees in any land is not adequate according to the standards prescribed under clause (c) of section 342, the Tree Officer may, by order, after giving a reasonable opportunity to the owner or occupier of the land of being heard, require him to plant such trees or additional trees and at such places in the land as may be specified in the order. (2) When an order is made under sub-section (1), the owner or occupier of the land shall comply with such order within thirty days from the receipt thereof or such extended time as the Tree Officer may allow.

(1) When any tree is fallen or destroyed by wind, fire, lighting, rain or such other natural causes, the Tree Officer may suo-motu or on information given to him after holding such enquiry as he deems fit, by order require such owner or occupier to plant a tree or trees in place of the tree so fallen or destroyed as may be specified in the order. (2) When an order is made under sub-section (1), the owner or occupier of the land shall comply with such order within thirty days from the receipt thereof or such extended time as the Tree Officer may allow.

Responsibilities for preservation of trees. When an order is made by the Tree Officer under section 345, section 346 and section 347 subject to the provisions of section 349, it shall be the duty of owner or occupier of the land who is directed to plant a tree to see that the tree grows properly and is well preserved. It shall also be the duty of such owner or occupier to preserve all other trees existing on the land at the time of commencement of this Act within the area in which the land is situated.

The recovery of expenditure on failure to comply with orders for planting of trees. Where the owner or occupier of the land fails to comply with any orders made by the Tree Officer under section 346 or section 347 or section 348, the Tree Officer may after giving a reasonable opportunity to such owner or occupier of being heard and without prejudice to any other action which may be taken against the defaulter under these provisions take the necessary action himself and recover the expenditure incurred therefrom, from the owner or the occupier, as the case may be.

Appeals. (1) When any decision is given or order is made under section 346, section 347 or section 348 by the Tree Officer an appeal shall lie to the Tree Authority. (2) The appeal shall be made within thirty days from the date the decision is communicated to or the order is received by the owner or occupier of the land. (3) The Tree Authority shall, as far as possible, decide the appeal within ninety days from the date of its receipt after giving a reasonable opportunity to the appellant of being heard. (4) The decision of the Tree Authority shall be final and shall not be questioned in any court of law.

Seizure. When the Tree Officer has reason to believe that an offence under the provisions of this Chapter has been committed in respect of any tree he may seize the tools, ropes, chains, boats, vehicles or animals used for the commission of the said offence along with tree or part thereof which has been severed from the ground or the trunk, as the case may be.

Penalty. Whoever falls or abets the falling of any tree or causes any tree to be felled in contravention of the provisions of this Chapter or any rules made thereunder without any reasonable excuse, fails to comply with any order issued or conditions imposed by the Tree Officer or any other officer subordinate to him in the discharge of their functions under the provisions of this Chapter shall on conviction be punished with imprisonment which may extend to two years or with fine of ten thousand rupees or with both. Explanation.- For the purposes of this section a breach of the provisions of this Chapter or abetment of breach thereof in respect of cutting or destroying each tree shall be a separate offence.

Compounding of offences. No offence or breach of the provisions of this Chapter shall be compounded by any authority empowered to compound without providing for forfeiture of the tree fuel, or timber along with articles seized under section 351 in favour of the concerned Municipal Corporation.

Operation of other laws not barred. Nothing in this Chapter shall be deemed to prevent any person from being prosecuted under any other law for any act or omission which constituted an offence under these provisions or from being liable under such other law to higher punishment or penalty than that provided by these provisions or the rules made thereunder.

The State Government may by notification make rules to carry out the purposes of the provisions of this Chapter.

(1) Whenever it is provided in this Act or any bye-law made thereunder that a licence or written permission may be granted for any purpose, such licence or written permission shall be signed by the Commissioner or by the officer empowered to grant the same under this Act or the bye-laws made thereunder or by any Corporation Officer authorised by the Commissioner and shall specify, in addition to any other matter required to be specified under any other provision of this Act or any provision of any bye-law made thereunder- (a) the date of the grant thereof; (b) the purpose and the period, if any, to which it is granted; (c) restrictions or conditions, if any, subject to which it is granted; (d) the name and address of the person to whom it is granted; and (e) the fee, if any, paid for the licence or written permission. (2) Except as otherwise provided in this Act or any bye-law made thereunder, for every such licence or written permission a fee may be charged at such rate as may from time to time be fixed by the Commissioner with the sanction of the Corporation and such fee shall be payable by the person to whom the licence or written permission is granted. (3) Save as otherwise provided in this Act or any by-law made thereunder any licence or written permission granted under this Act or any bye-law made thereunder may at any time be suspended or revoked by the Commissioner or by the officer by whom it was granted, if he is satisfied that it has been secured by the grantee through misrepresentation or fraud or if any of its restrictions or conditions has been infringed or evaded by the grantee, or if the grantee has been convicted for the contravention of any of the provisions of this Act or any bye-law made thereunder relating to any matter for which the licence or permission has been granted : Provided that- (a) before making any order of suspension or revocation, reasonable opportunity should be afforded to the grantee of the licence or the written permission to show cause why it should not be suspended or revoked; (b) every such order shall contain a brief statement of the reasons for the suspension or revocation of the licence or the written permission. (4) When any such licence or written permission is suspended or revoked or when the period for which the same was granted has expired, the grantee shall, for all purposes of this Act or any bye-law made thereunder, be deemed to be without a licence or written permission until such time as the order suspending or revoking the licence or written permission is rescinded or until the licence or written permission is renewed. (5) Every grantee of any licence or written permission granted under this Act shall at all reasonable times, while such licence or written permission remains in force if so required by the Commissioner or the authority by whom it was granted, produce such licence or written permission. Failure to produce licence or written permission (Fine: Rs. 10000 or Imprisonment upto three months or both; Daily Fine: Rs. 1000)

Power of entry and inspection. The Commissioner or any Corporation officer or other Corporation employee authorised by him in this behalf or empowered in this behalf by or under any provision of this Act may enter into or upon any land or building with or without assistants and workmen- (a) for the purposes of ascertaining whether there is or has been on or in connection with the land or building any contravention of the provisions of this Act or any bye-law made thereunder; (b) for the purposes of ascertaining whether or not circumstances exist which would authorise or require the Commissioner, or any Corporation officer or employee authorised or empowered in this behalf to take any action or execute any work under this Act or any bye-law made thereunder; (c) for the purposes of taking any action or executing any work authorised or required by this Act or any bye-law made thereunder; (d) to make any inquiry, inspection, examination, measurement, valuation or survey authorised or required by or under this Act or necessary for the proper administration of this Act; (e) generally for the purpose of efficient discharge of the functions by any of the municipal authorities under this Act or any bye-law made thereunder. Preventing the Commissioner or any person authorised in this behalf from exercising his powers of entry etc. (Fine: Rs. 10000 or Imprisonment upto three months or both; Daily Fine: Rs. 1000)

Power to enter land, adjoining land in relation to any work. (1) The Commissioner, or any person authorised by him in this behalf or empowered in this behalf by or under any provision of this Act, may enter on any land within thirty five metres of any work authorised by or under this Act with or without assistants and workmen for the purpose of depositing thereon any soil, gravel, stone or other materials or for obtaining access to such work or for any other purposes connected with the execution of the same. (2) The person so authorised shall, before entering on any such land state the purpose thereof and shall, if so required by the owner or occupier thereof, fence off so much of the land as may be required for such purpose. (3) The person so authorised shall, in exercising any power conferred by this section, do as little damage as may be, and compensation shall be payable by the Corporation in accordance with bye-laws made in this behalf to the owner or occupier of land or to both for any such damage, whether permanent or temporary. Preventing the Commissioner or any person authorised in this behalf from exercising his powers of entry upon any adjoining land (Fine: Rs. 10000 or Imprisonment upto three months or both; Daily Fine: Rs. 1000)

Breaking into building. (1) It shall be lawful for the Commissioner, or any person authorised by him in this behalf or empowered in this behalf by or, under any provision of this Act to make any entry into any place, and to open or cause to be opened any door, gate or other barrier:- (a) if he considers the opening thereof necessary for the purpose of such entry; and (b) if the owner or occupier is absent or being present, refuses to open such door, gate or barrier. (2) Before making any entry into any such place or opening or causing to be opened any such door, gate or other barrier the Commissioner, or the person authorised or empowered in this behalf, shall call upon two or more respectable inhabitants of the locality in which the place to be entered into is situate, to witness the entry or opening and may issue an order in writing to them or any of them so to do. (3) A report shall be made to the Corporation as soon as may be after any entry has been made into any place or any door, gate or other barrier has been opened under this section.

Time of making entry. Save as otherwise provided in this Act or any bye-law made thereunder no entry authorised by or under this Act shall be made except between the hours of sunrise and sunset.

Consent ordinarily to be obtained. Save as otherwise provided in this Act or any bye-laws made thereunder, no land or building shall be entered into without the consent of the occupier, or if there is no occupier, of the owner thereof and no such entry shall be made without giving the said owner or occupier, as the case may be, not less than twenty four hours written notice of the intention to make such entry: Provided that no such notice shall be necessary if the place to be inspected is a factory, workshop or trade premises or a place used for any of the purposes specified in section 324 or a stable for horses or a shed for cattle or a latrine or urinal or a work under construction or for the purpose of ascertaining whether any animal intended for human food is slaughtered in that place in contravention of this Bill or any bye-law made thereunder.

When any place used as a human dwelling is entered under this Act, due regard shall be paid to the social and religious customs and usages of the occupants of the place entered and no apartment in the actual occupancy of a female, shall be entered or broken open until she has been informed that she is at liberty to withdraw and every reasonable facility has been afforded to her for withdrawing.

Prohibition of obstruction or molestration in execution of work. No person shall obstruct or molest any person authorised or empowered by or under this Act or any person with whom the Corporation or the Commissioner has lawfully contracted, in the execution of his duty or of anything which he is authorised or empowered or required to do by virtue or in consequence of any of the provisions of this Act or any bye-law made thereunder, or in fulfilment of his contract, as the case may be. Obstruction or molestation in execution of work (Fine: Rs. 10000 or Imprisonment upto three months or both; Daily Fine: Rs. 1000)

Public notices how to be made known. Every public notice given under this Act or any bye-law made thereunder, shall be in writing under the signature of the Commissioner or of any Corporation Officer authorised by him in this behalf and shall be widely made known in the locality to be affected thereby, by affixing copies thereof in conspicuous public places within the said locality or by publishing the same or by beat of drum or by advertisement in local newspaper or by any two or more of these means and by any other means that the appropriate municipal authority may think fit.

Whenever it is provided by this Act or any bye-law made thereunder that notice shall be given by advertisement in local newspaper or that a notification or information shall be published in local newspapers, such notice, notification or information shall be inserted if practicable in at least two newspapers in such languages as the Corporation may from time to time specify in this behalf: Provided that if the Corporation publishes a municipal journal a publication in that journal shall be deemed to be a publication in a newspaper of the language in which the said journal may be published.

Proof of consent etc. of Commissioner etc. Whenever under this Act or any rule, regulation or bye-law made thereunder the doing of or the omission to do anything or the validity of anything depends upon the approval, sanction, consent, concurrence, declaration, opinion or satisfaction of the Commissioner or of any Corporation Officer a written document signed by the Commissioner or officer purporting to convey or set forth, such approval, sanction, consent, concurrence, declaration, opinion or satisfaction, shall be sufficient evidence thereof.

Notices, etc. to fix reasonable time. Where any notice, bill, order or requisition issued or made under this Act or any rule, regulation or bye-law made thereunder requires anything to be done for the doing of which no time is fixed in this Act or the rule, regulation or bye-law, the notice, bill, order or requisition shall specify a reasonable time for doing the same.

Signature on notices etc., may be stamped. (1) Every licence, written permission, notice, bill, summons or other document which is required by this Act or any rule, regulation or bye-law made thereunder to bear the signature of the Commissioner or of any Corporation Officer, shall be deemed to be properly signed if it bears a facsimile of the signature of the Commissioner or officer, as the case may be, stamped thereupon. (2) Nothing in sub-section (1) shall be deemed to apply to a cheque drawn upon the Corporation Fund under section 71 and such classes of documents as may be prescribed.

Notice etc. by whom to be served or issued. Penalty for breaches of bye-laws. All notices, bills, summons and other documents required by this Act or any rule, regulation or bye-laws made thereunder to be served upon or issued to any person shall be served or issued by municipal officers or other Corporation employee or by other persons authorised by the Commissioner.

Service of notices, etc. (1) Every notice, bill, summons, order, requisition or other document required or authorised by this Act or any rule, regulation or bye-law made thereunder to be served or issued by or on behalf of the Corporation or by the Commissioner or any Corporation Officer on any person shall save as otherwise provided in this Act or such rule, regulation or bye-law, be deemed to be duly served - (a) where the person to be served is a company, if the document is addressed to a Director or the Secretary of the Company at its registered office or at its principal office or place of business and is either - (i) sent by registered post; or (ii) delivered at the registered office or at the principal office or place of business of the company; (b) where the person to be served is a partnership firm, if the document is addressed to the partnership firm at its principal place of business, identifying it by the name or style under which its business is carried on and is either - (i) sent by registered post; or (ii) delivered at the said place of business; (c) where the person to be served is a public body, or a corporation, a society or other body if the document is addressed to the Secretary, treasurer or other head officer of that body, Corporation or a society at its principal office, and is either - (i) sent by registered post or (ii) delivered at that office; (d) in any other case, if the document is addressed to the person to be served and - (i) is given or tendered to him; or (ii) if such person cannot be found; is affixed on some conspicuous part of his last known place of residence or business, if within the municipal area, or is given or tendered to some adult member of his family or is affixed on some conspicuous part of the land or building; if any, to which it relates; or (iii) is sent by registered post to that person. (2) Any document which is required or authorised to be served on the owner or occupier or any land or building may be addressed "the owner" or "the occupier" as the case may be, of that land or building (naming that land or building) without further name or description and, shall be deemed to be duly served- (a) if the document so addressed is sent or delivered in accordance with clause (d) of sub-section (1) ; or (b) if the document so addressed or a copy thereof so addressed, is delivered to some person on the land or building to whom it can be delivered, is affixed to some conspicuous part of the land or building. (3) Where a document is served on a partnership firm in accordance with this section, the document shall be deemed to be served on each partner. (4) For the purpose of enabling any document to be served on the owner of any premises, the Commissioner may by notice in writing require the occupier of the premises to state the name and address of the owner thereof. (5) Where the person on whom a document is to be served is a minor, the service upon his guardian or any adult member of his family shall be deemed to be service upon the minor. (6) Nothing in section 368 and section 369 and in this section shall apply to any summons issued under this Act by a Court. (7) A servant is not a member of the family within the meaning of this section. (5) Where the person on whom a document is to be served is a minor, the service upon his guardian or any adult member of his family shall be deemed to be service upon the minor. (6) Nothing in section 368 and section 369 and in this section shall apply to any summons issued under this Act by a Court. (7) A servant is not a member of the family within the meaning of this section. Failure to comply with requisition to state the name and address of owners of premises (Fine: Rs. 10000; Daily Fine: Rs. 1000)

Power in case of non-compliance with notice, etc. In the event of a non-compliance with the terms of any notice, order or requisition issued to any person under this Act or any rule, regulation or bye-laws made thereunder, requiring such person to execute any work or to do any act, it shall be lawful for the authority or officer at whose instance the notice, order or requisition has been issued, whether or not the person in default is liable to punishment for such default or has been prosecuted or sentenced to any punishment therefor, after giving notice in writing to such person, to take such action or such steps as may be necessary for the completion of the act or the work required to be done or executed by such person and all the expenses incurred on such account shall be payable to the Commissioner on demand and if not paid within ten days after such demand, shall be recoverable as an arrear of tax under this Act Failure of occupier of land or building to afford owner facilities for complying with provisions of the Bill etc. After eight days from issue of order by District Judge (Fine: Rs. 5000; Daily Fine: Rs. 500)

Liability of occupier to pay in default of owner. (1) If any notice, order or requisition has been issued to any person in respect of property of which he is the owner, the authority or officer at whose instance such notice, order or requisition has been issued may require the occupier of such property or any part thereof to pay to him, instead of to the owner, any rent payable by him in respect of such property as it falls due up to the amount recoverable from the owner under section 371 : Provided that if the occupier refuses to disclose the correct amount of the rent payable by him or the name or address of the person to whom it is payable, the authority or officer may recover from the occupier the whole amount recoverable under section 371 as an arrear of tax under this Act. (2) Any amount recovered from an occupier instead of from an owner under sub-section (1), shall in the absence of any contract between the owner and the occupier to the contrary, be deemed to have been paid by the owner.

Execution of work by occupier in default of owner and deduction of expenses from rent. Whenever the owner of any land or building fails to execute any work which he is required to execute under this Act or any bye-law made thereunder, the occupier, if any, of such land or building may, with the approval of the Commissioner, execute the said work and he shall, subject to any contract between the owner and occupier to the contrary, be entitled to recover from the owner the reasonable expenses incurred by him in the execution of the work and may deduct the amount thereof from the rent payable by him to the owner.

Relief to agents and trustees. (1) Where any person, by reason of his receiving rent of immovable property as a receiver, agent or trustee would be bound to discharge any obligation imposed by this Act, or any rule, bye-law, regulation or order made under it for the discharge the obligation unless he has, or but for his own improper act or default might have had, funds in his hands belonging to the owner sufficient for the purpose. (2) The burden of proving any act entitling a receiver, agent or trustee to relief under sub-section (1) shall lie upon him. (3) Where any receiver, agent or trustee has claimed and established his right to relief under this section, the Commissioner may, by notice in writing, require him, to apply to the discharge of his obligation as aforesaid, the first moneys which may come to his hands on behalf, or for the use of the owner, and on failure to comply with the notice, he shall be deemed to be personally liable to discharge the obligation.

In any case not otherwise provided for in this Act or in any bye-law made thereunder, the Commissioner, with the previous approval of the Corporation, may pay compensation to any person who sustains damage by reasons of the exercise of any of the power vested by this Act or any bye-law in the Commissioner or in any Corporation officer or other Corporation employee.

Compensation to be paid by offenders for damage caused by them. (1) Any person who has been convicted of an offence against this Act or any bye-law made thereunder shall, notwithstanding any punishment to which he may have been sentenced for the said offence, be liable to pay such compensation for any damage to the property of the Corporation resulting from the said offence as the appropriate municipal authority may consider reasonable. (2) In the event of a dispute regarding the amount of compensation, payable under sub-section (1) such amount shall, on application made to him be determined by the magistrate before whom the said person was convicted of the said offence; and on non-payment of the amount of compensation so determined, the same shall be recovered under a warrant from the said magistrate as if it were a fine imposed by him on the person liable therefor.

Mode of recovery of certain dues. In any case not expressly provided for in this Act or any bye-law made thereunder any sum due to the Corporation on account of any charges, costs, expenses, fees, rates or rent for on any other account under the Act or any such bye-law may be recoverable from any person from whom such sum is due as arrears of tax under this Act: Provided that no proceedings for the recovery of any sum under this section, shall be commenced after the expiry of three years from the date on which such sum becomes due.

(1) The owner of any land or building may if he is prevented by the occupier thereof from complying with any provision of this Act or any bye-law made thereunder or with any notice, order or requisition issued under such provision, apply to the court of the District Judge, and where such application is made within any time that may be fixed for the compliance with such provision or notice, order or requisition, the owner shall not be liable for his failure to comply with the provision or notice, order or requisition within the time so fixed. (2) The court on receipt of such application may make a written order requiring the occupier of the land or building to afford all reasonable facilities to the owner for complying with the said provision, or notice, order or requisition and may also, if it thinks fit direct that the costs of such application and order be paid by the occupier. (3) After eight days from the date of the order referred to in sub-section (2), the occupier shall afford all such reasonable facilities to the owner for the purpose aforesaid as may be specified in the order and in the event of his continued refusal to do so, the owner shall be discharged during the continuance of such refusal from any liability which may have been otherwise incurred by reasons of his failure to comply with the said provisions or notice, order or requisition.

The procedure provided in the Code of Civil Procedure, 1908 (5 of 1908), in regard to suits shall be followed in the disposal of application, appeals or references that may be made to the court of the District Judge under this Act or any bye-law made thereunder.

(1) The Government may, by notification in the Official Gazette, prescribe what fee shall be paid- (a) on any application, appeal or reference under this Act or any bye-law made thereunder to the court of the District Judge; and (b) for the issue, in connection with any inquiry or proceedings before that court under this Act or bye-law, of any summons or other process: Provided that the fee, if any prescribed under clause (a) shall not in cases in which the value of the claim or subject matter is capable of being estimated in money, exceed the fees liable for the time being under the provisions of the Himachal Pradesh Court Fees Act, 1968 (8 of 1968), in cases in which the amount of the claim or subject matter is of a like amount. (2) The Government may, by like notification, determine the person by whom the fee, if any, prescribed under clause (a) of sub-section (1) shall be payable. (3) No application, appeal or reference shall be received by the court of the District Judge until the fee, if any, prescribed therefor under clause (a) of sub-section (1) has been paid: Provided that the court may in any case in which it thinks fit so to do - (i) receive an application, appeal or reference made by or on behalf of a poor person; and (ii) issue process on behalf of any such person, without payment or on part payment of the fees prescribed under this section.

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

The Court of the District judge may - (a) delegate, either generally or specially, to the court of an additional district Judge, power to receive applications and reference under this Act or any rule, regulation or bye-laws made thereunder, and to hear and determine such application and references; and (b) with the approval of the Government, make rules not inconsistent with this Act or any rule, regulation or bye-law made thereunder, providing for any matter connected with the exercise to the jurisdiction conferred upon the court by this Act which is not herein specifically provided for.

Punishment for certain offences. Whoever - (a) contravenes any provision of any of the sections, sub-sections, clauses, provisos or other provisions of this Act, mentioned in the first column of the table in the Second Schedule; or (b) fails to comply with any order lawfully given to him or any requisition lawfully made upon him under any of the said sections, sub-sections, clauses, provisos or other provisions shall be punishable - (i) with fine which may extend to the amount, specified in the third column of the said Table; and (ii) in the case of a continuing contravention or failure; with an additional fine which may extend to the amount specified in the fourth column of that Table for every day during which such contravention or failure continues after conviction for the first such contravention or failure.

Whoever, in any case in which a penalty is not expressly provided by this Act, fails to comply with any notice, order or requisition issued under any provision thereof, or otherwise contravenes any of the provisions of this Act, shall be punishable with fine of five thousand rupees, and in case of a continuing failure or contravention with an additional fine of five hundred rupees for every day after the first, during which he has persisted in the failure or contravention.

(1) Where an offence under this Act has been committed by a company, every person who, at the time the offence was committed, was incharge of and was responsible to the Company for the conduct of the business of the company, as well as the company shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly : Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1) where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, Secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.- For the purposes of this section - (a) "Company" means a body corporate, and includes a firm or other association of individuals; and (b) "director" in relation to a firm means a partner in the firm.

Police establishments. (1) Every Corporation shall, unless relieved of this obligation by the Government, maintain sufficient police establishment for its police requirements within the municipal area and for the performance of the duties imposed on it by the Act. (2) The establishment maintained under sub-section (1) shall consist of part of the general police force under the Government within the meaning of section 2 of the Police Act, 1861 (5 of 1861) and, shall consist of such number of officers and men who shall respectively receive such pay, leave, allowances, gratuities and pensions as the Corporation may from time to time after consultation with the Director General of Police, and subject to the final decision of the Government, direct.

Arrest of offenders. (1) Any police officer may arrest any person who commits in his view any offence against this Act or against any rule, regulation or bye-law made thereunder if - (a) the name and address of such person be unknown to him; and (b) such person on demand declines to give his name and address or gives a name and address which such officer has reason to believe to be false. (2) No person so arrested shall be detained in custody after his true name and address are ascertained or, without the order of the nearest Magistrate, for a period longer than twenty-four hours from the time of arrest exclusive of the time necessary for the journey from the place of arrest to the court of such magistrate. (3) It shall be the duty of all police officers to give immediate information to the Commissioner or any other appropriate Corporation Officer, of the commission of, the attempt to commit any offence against this Act or any rule, regulation or bye-law made thereunder and to assist all Corporation Officers and other Corporation employees in the exercise of their lawful authority.

Power to institute legal proceedings etc. and obtain legal advice. The Commissioner may- (a) take, or withdraw from, proceedings against any person who is charged with- (i) any offence against this Act or any rule, regulation or bye-law made thereunder; or (ii) any offence which affects or is likely to affect any property or interest of the Corporation or the due administration of this Act, or (iii) committing any nuisance whatsoever; (b) contest or compromise any appeal against rateable value or assessment of any tax or rate; (c) take, or withdraw from or compromise, proceedings under section 376 for the recovery of expenses or compensation claimed to be due to the Corporation; (d) withdraw or compromise any claim for a sum not exceeding Rs. 1,000 against any person; (e) defend any suit or other legal proceeding brought against the Corporation or against the Commissioner or a Corporation Officer or other Corporation employee in respect of anything done or omitted to be done by any one of them in his official capacity; (f) with the approval of the Corporation, admit or compromise any claim, suit or other legal proceeding brought against the Corporation or against the Commissioner or any Corporation Officer or other Corporation employee in respect of anything done or omitted to be done as aforesaid; (g) withdraw or compromise any claim against any person in respect of a penalty payable under contract entered into with such person by the Commissioner on behalf of the Corporation; (h) obtain such legal advice and assistance as from time to time he thinks necessary or expedient to obtain or as he may be required by the Corporation to obtain for any of the purposes mentioned in the foregoing clauses or for securing lawful exercise of discharge of any power or duty vesting in or imposed upon any municipal authority or any corporation officer or other Corporation employee.

Prosecution. Save as otherwise provided in this Act, no court shall try an offence made punishable by or under this Act or any rule or any bye-law made thereunder, except on the complaint of, or upon information received from the commissioner, or any other officer of the Corporation authorised by it in this behalf.

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

Protection or action of the Corporation etc. No suit or prosecution shall be entertained in any court against any Corporation Officer or other Corporation employee or against any person acting under the order or direction of the Corporation, the Commissioner or any Corporation officer or other Corporation employee, for anything which is in good faith done or intended to be done, under this Act or any rule regulation or bye-law made thereunder.

(1) No suit shall be instituted against the Corporation or against the Commissioner or against any Corporation officer or other Corporation employee or against any person acting under the order or direction of the Corporation or the Commissioner or any Corporation Officer or other Corporation employee, in respect of any act done, or purporting to have been done, in pursuance of this Act or any rule, regulation or bye-law made thereunder, until the expiration of two months after notice in writing has been left at the Corporation office and, in the case of such employee or person unless notice in writing has also been delivered to him or left at his office or place of residence, and unless such notice states explicitly the cause of action, the nature of the relief sought, the amount of compensation claimed and the name and place of residence of intending plaintiff, and unless the plaint contains a statement that such notice has been so left or delivered. (2) No suit, such as is described in sub section (1) shall, unless it is a suit for the recovery of immovable property or for a declaration of title thereto be instituted after the expiry of six months from the date on which the cause of action arises. (3) Nothing in sub-section (1) shall be deemed to apply to a suit in which the only relief claimed is an injunction of which the object would be defeated by giving of the notice or the postponement of the institution of the suit.

Supplemental provisions respecting rules. (1) Any rule which the Government is empowered to make under this Act may provide that any contravention thereof shall be punishable with fine which may extend to one thousand rupees. (2) Every rule made under this Act shall be laid as soon as maybe after it is made, before the House of the State Legislature while it is in session for a total period of ten days which may be comprised in one session or in two or more successive sessions, and if before the expiry of the session in which it is so laid or the successive sessions aforesaid, the House agrees to making any modification in the rule or the House agrees that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, however, any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule.

Supplemental provisions respecting regulations. (1) Any regulation which the Corporation under this Act, may make with the approval of Government, may be altered, or rescinded by the Corporation with the approval of the Government in the exercise of its powers under this Act. (2) Any regulation made under this section may provide that contravention thereof shall be punishable with fine which may extend to five hundred rupees. (3) No regulation made by the Corporation under this Act shall have effect until it has been published in the Official Gazette by the Government.

Subject to the provisions of this Act, the Corporation may in addition to any bye-laws which it is empowered to make under any other provisions of this Act make bye-laws to provide for all or any of the following matters, namely:- A. Bye-laws relating to taxation.- (1) the maintenance of tax books and registers by the Commissioner and the particulars which such books and registers should contain; (2) the inspection of and the obtaining of copies and extracts from such books and registers and fees, if any, to be charged for the same; (3) the publication of rates, of taxes as determined by the Government from time to time; (4) the requisition by the Commissioner of information and returns from persons liable to pay taxes; (5) the notice to be given to the Commissioner by any person who becomes the owner or possessor or of a vehicle or animal in respect of which any tax is payable under this Act; (6) the wearing of badge by the driver of any such vehicle and the display of number plate on such vehicle; (7) the submission of returns by the persons liable to pay any tax under this Act; and (8) any other matter relating to the levy, assessment, collection refund or remission of taxes under this Act. B. Bye-laws relating to water supply, drainage and sewage disposal.- (1) the power of the Commissioner to close water works for the supply of water, whether for domestic purposes or not, or for gratuitous use and to prohibit the same and use of water for the purpose of business; (2) the connection of supply pipes for conveying to any premises a supply of water from municipal water works; (3) the making and renewing connections with municipal water works; (4) the power of the Commissioner to take charge of private connection; (5) the power of the Commissioner to alter the position of connection; (6) the equitable distribution of water supplied to occupiers; (7) the size, material, quality, description and position of the pipes and fittings to be used for the purpose of any connection with or any communication from any municipal water works and the stamping of pipes and fittings and fees for such stamping; (8) the size, material, quality and description of pipes, cisterns and fittings which are found on an examination under the provisions of this Act to be so defective that they cannot be effectively repaired; (9) the provision and maintenance of meters when water is supplied by measurement; (10) the prohibition of fraudulent and un-authorised use of water and the prohibition of fraud in connection with meters; (11) the maintenance of pipes, cisterns and other water works; (12) the regulation or prohibition of the discharge or deposit of offensive or obstructive matter, polluted water or other polluted and obnoxious matter into sewers; (13) the regulation in any manner not specifically provided for in this Act of the construction, alteration, maintenance, preservation, cleaning and repairs of drains, ventilation, shafts, pipes, latrines, urinals, cesspools and other drainage works; (14) the cleansing of drains; (15) the prohibition of erection of buildings over drains without the permission of the Commissioner; (16) the connection of private drains with municipal drains; (17) the location and construction of cesspools; (18) the covering and ventilation of cesspools; (19) the period or periods of the day during which trade effluent may be discharged from any trade premises into municipal drains; (20) the exclusion from trade effluent of all condensing water; (21) the elimination from trade effluent, before it enters a municipal drain, of any constituent which in the opinion of the Corporation would, either alone or in combination with any matter with which it is likely to come into contact while passing through municipal drains, injure or obstruct those drains or make specially difficult or expensive the treatment or disposal of the sewage from those drains; (22) the maximum quantity of trade effluent which may, without any consent or permission, be discharged from any trade premises into municipal drains on any one day and the highest rate at which trade effluent may, without such consent or permission, be discharged from any trade premises into municipal drains; (23) the regulation of the temperature of trade effluent at the time of its discharge into municipal drains and the securing of the neutrality of trade effluent (that is to say that is neither acid nor alkaline) at the time of such discharge; (24) the charges to be paid to the Corporation by occupiers of trade premises for the reception of trade effluent into municipal drains and disposal thereof; (25) the provisions and maintenance of such an inspection chamber or main hole as will enable a person readily to take at any time, samples of what is passing into municipal drains from trade premises; and (26) the provision and maintenance of such meters as may be required to measure the volume of any trade effluent being discharged from any trade premises into municipal drains, and the testing of such meters. C. Bye-laws relating to streets.- (1) the closure of streets when any work is in progress and alternative passage during the progress of such work; (2) the erections of a temporary nature during festivals; (3) the setting up of boards on buildings adjacent to streets during their construction or repair; (4) the precautions to be taken when permission is granted to any private individual for opening or breaking up any public street and the fees to be paid for the restoration of a street in its original sanction; (5) the permission, regulation or prohibition of use or occupation of any street or place by itinerant vendors or hawkers or by any person for the sale of articles or the exercise of any calling or the setting up of any booth or stall and the fees chargeable for such occupation.

(1) Any bye-laws made under this Act may provide that a contravention thereof shall be punishable,- (a) with fine which may extend to Rs. 50,000; or (b) with fine which may extend to Rs. 50,000 and in the case of continuing contravention, with an additional fine which may extend to Rs. 5,000 for every day during which such contravention continues after conviction for the first contravention; or (c) with fine which may extend to Rs. 5,000 for every day during which the contravention continues, after the receipt of a notice from the Commissioner or any Corporation Officer duly authorised in that behalf by the person contravening the bye-law requiring such person to discontinue such contravention. (2) Any such bye-law may also provide that a person contravening the same shall be required to remedy, so far as lies in his power, the mischief, if any, caused by such contravention.

Supplemental Provisions respecting bye-laws. 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 Corporation, after having been published in 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.

Bye-laws to be available for inspection and purchase. (1) A copy of all bye-laws made under this Act shall be kept at the Corporation office and shall, during office hours, be open free of charge to inspection by any person of the municipal area. (2) Copies of all such bye-laws shall be kept at the Corporation office and shall be sold to the public at cost price either singly or in collections at the option of the purchaser.

Power of Government to require production of documents. The Government or the Director may at any time require the Commissioner - (a) to produce any record, correspondence, plan or other document in his possession or under his control; and (b) to furnish any return, plan, estimate, statement, account or statistics relating to the proceedings, duties or works of the Corporation or any of the Corporation authorities.

Inspection. The Government or the Director may depute any officer to inspect or examine any municipal department or office or any service or work undertaken by the Corporation or any of the municipal authorities or any property belonging to the Corporation and to report thereon and the Corporation and every Corporation authority and all Corporation officers and other Corporation employees shall be bound to afford the officer so deputed access at all reasonable times to the premises and properties of the Corporation and to all records, accounts and other documents the inspection of which he may consider necessary to enable him to discharge his duties.

Power to give directions. (1) If whether on receipt of any information or report obtained under section 399 or section 400 or otherwise, the Government or the Director is of the opinion - (a) that any duty imposed on the Corporation or any of its authority by or under this Act, has not been performed or has been performed in an imperfect, insufficient or unsuitable manner; or (b) that adequate financial provision has not been made for the performance of any such duty;the Government or the Director, as the case may be, may direct the Corporation or the Commissioner, within such period as it thinks fit, to make arrangements to its satisfaction for the proper performance of duty, or, as the case may be, to make financial provisions to its satisfaction for the performance of the duty and the Corporation or the Commissioner concerned shall comply with such direction: Provided that unless in the opinion of the Government or the Director the immediate execution of such order is necessary, it shall, before making any direction under this section, give the Corporation or the Commissioner an opportunity of showing cause why such direction should not be made. (2) Where any direction is given by the Director under sub-section (1) he shall intimate the Government of such direction and the said direction shall remain in force unless it is modified or rescinded by the Government.

Power to provide for enforcement of direction under section 401. If, within the period fixed by a direction made under sub-section (1) of section 401, any action the taking of which has been directed under that sub-section, has not been duly taken, the Government or the Director as the case may be, make arrangements for the taking of such action and may direct that all expenses connected therewith shall be defrayed out of the Corporation Fund.

Power of revision. The Government may at any time, for the purpose of satisfying itself as to the correctness, legality, propriety or regularity of any proceeding or order passed by any officer of the Government or the Commissioner or any officer subordinate to him, call for and examine the record and may pass such order with reference thereto as it may think fit.

(1) If, in the opinion of the Government, the Corporation is not competent to perform, or persistently makes default in the performance of the duties imposed on it by or under this Act or any other law or exceeds or abuses its powers the Government may by an order published, together with a statement of the reasons therefor, in the Official Gazette, declare the Corporation to be incompetent or in default or to have exceeded or abused its powers, as the case may be and dissolve the Corporation: Provided that before making an order of dissolution as aforesaid, reasonable opportunity shall be given to the Corporation to be heard and to show cause why such order of dissolution should not be made. (2) When the Corporation is dissolved by an order under sub-section (1),- (a) all Councillor shall on such date as may be specified in the order vacate their offices without prejudice to their eligibility for election under clause (d); (b) on the dissolution of the Corporation, all powers and duties conferred and imposed upon the Corporation by or under this Act or any other law shall be exercised and performed by such officer or authority as the Government may appoint in that behalf; (c) all property vested in the Corporation shall until is reconstituted, vest in the Government; and (d) election shall be held for the purpose of reconstituting the Corporation within a period of six months.

Delegation. (1) The Government may, by notification, delegate all or any of its powers under this Act , except the power to make rules, to any officer subject to such restrictions and conditions as may be specified in the notification. (2) Wherever it is expedient to do so in the public interest and for the efficient performance of the functions entrusted to the Corporation may, with the prior approval of the State Government entrust any of its civic services and amenities (including collection of taxes and revenues) in relation to any matter to which the power of the Corporation extends, to any person or agency subject to such conditions and restrictions as it may consider necessary to impose.

Validity of notices and other documents. No notice, order, requisition, licence, permission in writing or any other document issued under this Act, shall be invalid merely by reason of defect of form.

A copy of any receipt, application, plan, notice, order or other document or of any entry in a register in the possession of any Corporation authority shall, if duly certified by the legal keeper thereof or other person authorised by the Commissioner in this behalf, be admissible in evidence of the existence of the document or entry and shall be admitted as evidence of the matters and transaction therein recorded in every case there, and to same extent to which the original document or entry would if produced, have been admissible to prove such matters and transactions.

No Corporation officer or other Corporation employee shall, in any legal proceeding to which the Corporation is not a party, be required to produce any register or document, the contents of which can be proved under section 403 by a certified copy, or to appear as a witness to prove any matter or transaction recorded therein save by order of the court made for special cause.

Prohibition against obstruction of Mayor or any Corporation authority etc. No person shall obstruct the Corporation or the Commissioner, the Mayor or any of the Deputy Mayor, any Councillor or any person employed in the Corporation or any person with whom the Commissioner has entered in to a contract on behalf of the Corporation, in the performance of his duty or of anything which he is empowered or required to do by virtue or in consequence of any provision of this Act or of any rule, regulation or bye-law made thereunder. Observation of Mayor or any Corporation authority etc. (Fine: Rs. 10000 or Imprisonment upto three months or both; Daily Fine: Rs. 1000)

Prohibition against removal of mark. No person shall remove any mark set up for the purpose of indicating any level or direction incidental to the execution of any work authorised by this Act or of any rule or bye-law made thereunder.

Prohibition against removal or obliteration of notice. No person shall, without authority in that behalf remove, destroy, deface or otherwise obliterate any notice exhibited by or under orders of the Corporation or any other Corporation authority or any Corporation Officer or other Corporation employee specified by the Commissioner in this behalf.

Prohibition against unauthorised removal of deposit etc. No person shall, without authority in that behalf, remove earth, sand or other material or deposit any matter or make any encroachment in or on any land vested in the Corporation or in any way obstruct the same.

Councillor and Corporation Officers and employees to be public servants. Mayor, Deputy Mayor and Councillor, the Commissioner and every Corporation Officer and other Corporation employee, shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code, 1860 (39 of 1860).

Annual Administration report. (1) As soon as may be after 1st day of April, in every year and not later than such date as may be fixed by the Government in this behalf, the Corporation through the Director shall submit to the Government a detailed report of its activities during the preceding year in such form as the Government may direct. (2) The Commissioner shall prepare such report and the Corporation shall consider it and forward the same to the Government with its resolution thereon, if any. (3) Copies of the report shall be kept for sale at the Corporation office.

Construction of reference. Save as expressly provided in this Act and unless the context otherwise requires, after the establishment of the Corporation, any reference in any enactment, rule, bye-law, order, scheme, notification or other instrument having the force of law, to any local authority having jurisdiction in the municipal area or any part thereof shall, unless the context or subject otherwise require, be construed as reference to the Corporation.

Notwithstanding anything contained in the foregoing provisions in this Act - (a) the Corporation, with previous approval of the Government, may, by notification in the Official Gazette, declare that any portion of the rural area shall cease to be included therein and upon the issue of such notification that portion shall be included in and form part of the urban areas; (b) the Corporation, with previous approval of the Government, may, by notification in the Official Gazette,- (i) exempt the rural areas or any portion thereof from such of the provisions of this Act as it deems fit; and (ii) levy taxes, rates, fees and other charges in the rural areas or any portion thereof at rates lower than those at which such taxes, fees and other charges are levied in the urban areas or exempt such areas or portion from any such tax, rate, fee or other charge.

If the Government or the Director is of the opinion that the execution of any resolution or order of the Corporation or of any other Corporation authority or employee subordinate thereto or the doing of any act which is about to be done or is being done by or on behalf of the Corporation is in contravention of or in excess of powers conferred by this Act or of any other law for the time being in force or is likely to lead to breach of the peace or cause injury and/or annoyance to the public or any class or body of persons, the Government or the Director under intimation to the Government, may, by order in writing, suspend the execution of such resolution or order, or prohibit the doing of any such act.

The Government may, by written order modify, annul or omit from the records any proceedings of the Corporation which it considers not to be in conformity with this Act, or any rules or bye-laws made thereunder and may do all things necessary to secure such conformity: Provided that unless in the opinion of the Government the immediate making of such order is necessary it shall before making an order under this section, give the Corporation an opportunity of showing cause why such an order should not be made.

(1) The Government may, by notification, withdraw from the operation of this Act, any area of any municipal area of the Corporation: Provided that no such notification shall be issued unless the same has been published for inviting objections and suggestions, if any, which have been duly considered to. (2) When a notification is issued under this section in relation to any municipal area, this Act, all notifications, rules, regulations, bye-laws, orders, directions and powers issued, made or conferred under this Act shall cease to apply to the said area.

(1) The Corporation shall prepare every year a development plan for its area and submit it to the District Planning Committee. (2) The District Planning Committee, constituted by the State Government under section 185 of the Himachal Pradesh Panchayati Raj Act, 1994 (4 of 1994) shall consolidate the development plans prepared and submitted to it by the municipalities in the District, under sub-section (1) and prepare a draft development plan for the district as a whole. (3) The persons to represent the municipalities in the District Planning Committee, under clause (d) of sub-section (2) of section 185 of the Panchayati Raj Act, 1994, shall be chosen by the elected members of the municipalities in the District in the prescribed manner from amongst themselves. (4) Every District Planning Committee shall in preparing the draft development plan - (a) have regard to - (i) matters of common interest between the municipalities and panchayats including spatial planning, sharing of water and other physical and natural resources, the integrated development of infrastructure and environmental conservation; (ii) the extent and type of available resources whether financial or otherwise; (b) consult such institutions and organisations as the State Government may specify. (5) The Chairperson of every District Planning Committee shall forward the development plan, as recommended by such Committee, to the State Government.

Transitional provisions. In any enactment other than the Himachal Pradesh Municipal Act, 1994 (13 of 1994), in force on the date immediately preceding the appointed day on which notification is published under sub-section (2) of section 3 of this Act issued or in any rule, order or notification made or issued thereunder and in force on such date, unless a different-intention appears - (a) reference to Municipalities, Municipal Council and Nagar Panchayats constituted under the Himachal Pradesh Municipal Act, 1994 (13 of 1994), shall be construed as reference to the Corporation and such enactment, rule, order or notification shall apply to the Corporation; (b) reference to the President or the Vice-President of a municipality constituted under the Himachal Pradesh Municipal Act, 1994 (13 of 1994) shall be construed in respect of the municipal area as reference to the Commissioner appointed under this Act; (c) reference to the members of a municipality constituted under the Himachal Pradesh Municipal Act, 1994 (13 of 1994), shall in respect of the Corporation shall be construed as reference to the a Councillor of the Corporation constituted under this Act; (d) references to any Chapter or section of the Himachal Pradesh Municipal Act, 1994 (13 of 1994), shall as far as possible be construed in respect of the municipal area as reference to this Act or its corresponding Chapter or section.

Provisions regarding officers and employees. (1) When any municipality including area comprising rural area or a part thereof, if any, is declared and constituted a Corporation under sections 3 and 4 of this Act, the entire officers and employees serving in a municipality including area comprising rural area or a part thereof, if any, on a post in relation to which the Corporation is constituted, shall, on the declaration and constitution of a Corporation, be deemed to be transferred to the Corporation on the existing terms of service and integrated into the corresponding municipal service. (2) The Corporation may recruit additional staff where necessary subject to the conditions as may be laid down by the Government. (3) In making appointment to any post referred to in this section, the appointing authority shall follow the instructions issued by the Government from time to time in relation to reservation of appointment or post for Scheduled Castes, Scheduled Tribes, Backward Classes and other category of persons.

(1) All assets and properties vesting in, all debts, liabilities and obligations incurred by, and all contracts made by or on behalf of the municipality including area comprising rural area or a part thereof, if any, declared and constituted to be a Corporation under sections 3 and 4 of this Act, be deemed to have been vested in, to have been incurred and made by the Corporation and shall continue in operation accordingly. (2) All proceedings pending before any authority of the said municipality including area comprising rural or a part thereof, if any, on the day the Corporation was constituted which under the provisions of this Act, are required to be instituted before or undertaken by the Commissioner, shall be transferred to and continued by him and all other such proceedings shall, so far as may be transferred to and continued by such authority before or by whom they have to be instituted or undertaken under the provisions of this Act. (3) All appeals pending before any authority of the said municipality including area comprising rural area or a part thereof, if any, on the day the Corporation was constituted, shall, in so far as may be practicable, be disposed of as if the same were pending before the said authority after the declaration and constitution of the Corporation. (4) All prosecutions instituted by or on behalf of the said municipality including area comprising rural area or a part thereof, if any, and all suits and legal proceedings instituted by or against the said municipality including area comprising rural area or a part thereof, if any, or any officer of the said municipality including area comprising rural area or a part thereof, if any, pending on the day the Corporation was constituted, shall be deemed to have been instituted by or against the Commissioner.

Any reference in the foregoing sections to municipalities or a local authority shall, in case such municipality or a local authority has been superseded or placed under the charge of an administrator under any enactment made for that purpose be deemed to be a reference to the person or persons appointed to exercise the powers or to perform the functions of such municipality or local authority under any law relating to such municipality or the Municipal Corporation or local authority.

Power to enquire and make report about misconduct of certain officer or officials. (1) On a complaint being made to the Corporation by any a Councillor that an officer or official of the corporation or any other class of Government officer or official discharging any duties in relation to the functions of the Corporation, to which the Government may, by notification, extend the provisions of this section, has mis-conducted himself in his official capacity, the Corporation may enquire into the matter and submit a report alongwith the prima facie evidence to the superior officer whom it may concern, or to the Director and the said officer shall, after such further enquiry as may be required, take suitable action under intimation to the Corporation and the Government. (2) On the report being made by any a Councillor that an officer or official of the municipality or any other class of Government officers or officials discharging any duties in relation to the functions of the Corporation, to which the Government may, by notification extend the provisions of this section, has failed to perform any duty imposed, upon him by any law or rules, the Corporation may, by notice fixing a reasonable period, require him to perform the duty and, on his failure to do so, shall report the matter to the superior officer whom it may concern, or to the Director and the said officer shall, after such enquiry as may be required, take suitable action under intimation to the Corporation and the Government.

Power to remove difficulties. If any difficulty arises in giving effect to the provisions of this Act or by reason of anything contained in this Act to any other enactment for the time being in force, the Government may , as occasion requires, by order direct that this Act shall during such period as may, be specified in the order but not extending beyond the expiry of two years from the commencement orders have effect subject to such adaptations whether by way of modification, addition or omissions as it may deem to be necessary and expedient.

(1) On and from the date of commencement of this Act, the Himachal Pradesh Municipal Corporation Act, 1979 (9 of 1980), shall stand repealed (hereinafter referred to as the repealed Act: Provided that the repeal shall not effect,- (a) the previous operation of the repealed Act, or anything duly done or suffered thereunder, or (b) any penalty, forfeiture or punishment incurred in respect of any offence committed against the repealed Act, or (c) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid and any such investigation, legal proceeding or, remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if this Act has not been enforced: Provided further that subject to the preceding proviso anything done or any action taken (Including any appointment, or delegation made, notification, notice, order, instruction or direction issued, rule, regulation, bye-laws, form, or scheme framed, certificate obtained, permit or licence granted, registration affected, tax imposed or fee or rate levied), under the repealed Act shall, in so far as it is in force immediately before the commencement of this Act, is not inconsistent with the provisions of this Act be deemed to have been done or taken under the corresponding provisions of this Act and shall continue to be in force accordingly, unless and until superseded by anything done or any action taken under this Act. (2) The existing Municipal Corporation, Shimla and its Mayor, Deputy Mayor and Councillors, holding office immediately before the commencement of this Act, shall continue till the expiration of its duration, unless sooner dissolved under the provisions of this Act or by a resolution passed to that effect by the Legislative Assembly, or the Mayor, Deputy Mayor or a Councillor, as the case may be, ceases to be so by reasons of death, resignation or removal.

(1) The Himachal Pradesh Municipal Corporation (Amendment) Ordinance, 1994 (3 of 1994) is hereby repealed. (2) Notwithstanding the repeal of the Himachal Pradesh Municipal Corporation Ordinance, 1994, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act.