Powers to make bye-laws.

The Jammu and Kashmir Municipal Corporation Act, 2000

Infrastructure2000446 sections

Statutory text

1[Subject to the provisions of this Act and the rules made thereunder], the Corporation may in addition to any byelaws which it is empowered to make under any other provision of this Act make bye-laws to provide for all or any of the following matters, namely :— A. Bye-laws relating to taxation :—

(i) the maintenance of such books and registers by the Commissioner and particulars which such books and registers should contain ;
(ii) 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 ;
(iii) the publication of rates of taxes as determined by the Government from time to time ;
(iv) the requisition by the Commissioner of information and returns from persons liable to pay taxes ;
(v) the notice to be given to the Commissioner by any person who becomes the owner or possessor of a vehicle or animal in respect of which any tax is payable under this Act ;
(vi) the wearing of badge by the driver of any such vehicle and the display of number plate on such vehicle ;
(vii) the submission of returns by the persons liable to pay any tax under this Act ; and
(viii) 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 :—
(i) 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 ;
(ii) the connection of supply pipes for conveying to any premises a supply of water from municipal water works ;
(iii) the making and renewing connections with municipal water works ;
(iv) the power of the Commissioner to take charge of private connection ;
(v) the power of the Commissioner to alter the position of connection ;
(vi) the equitable distribution of water supplied to occupiers ;
(vii) the size, material, equality and description and position of the pipes and fitting to be used for the purpose of any connection with or any communication from any municipal water works and the stamping of pipes and fitting and fees for such stamping ;
(viii) the size, material, equality 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 ;
(ix) the provision and maintenance of meters when water is supplied by measurement ;
(x) the prohibition of fraudulent and unauthorised use of water and the prohibition of fraud in connection with meters ;
(xi) the maintenance of pipes, cisterns and other water works ;
(xii) the regulation or prohibition of the discharge or deposit of offensive or obstructive matter, polluted water or other polluted and obnoxious matter into sewers ;
(xiii) 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 ;
(xiv) the cleaning of drains ;
(xv) the prohibition of erection of buildings over drains without the permission of the Commissioner ;
(xvi) the connection of private drains with municipal drains ;
(xvii) the location and construction of cesspools ; (xviii) the covering and ventilation of cesspools ;
(xix) the period or periods of the day during which trade effluent may be discharged from any trade premises into municipal drains ;
(xx) the exclusion from trade effluent of all condensing water ;

(xxi) 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 ;
(xxii) the maximum quantity of trade effluent which may, without any consent or permission, be discharged from any trade premises into municipal drains on any day ; (xxiii) the regulations 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 neither acid nor alkaline) at the time of such discharge ;
(xxiv) 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 ;
(xxv) the provisions and maintenance of such an inspection chamber or manhole as will enable a person readily to take at any time samples of what is passing into municipal drains from trade premises ; and
(xxvi) the provisions 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 :—
- (i) the closure of streets when any work is in progress and alternative passage during the progress of such work ;
- (ii) the erection of a temporary nature during festivals ;
- (iii) the setting up of boards on buildings adjacent to streets during their construction or repair ;
- (iv) 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 ;
- (v) 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 fees chargeable for such occupation ;
- (vi) 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 :—
- (i) the regulation or restriction of the use of sites for buildings for different areas ;
- (ii) the regulation or restriction of buildings in different areas ;
- (iii) the form of notice of erection of any building or execution of any work and the fee in respect of the same ;
- (iv) the plans and documents to be submitted together with such notice and the information and further information to be furnished ;
- (v) the level and width of foundations, level of lowest floor and stability of structure ;
- (vi) the construction of buildings and the materials to be used in the construction of buildings ;
- (vii) the height of buildings whether absolute or relative to the width of streets or to different areas ;
- (viii) the number and height of storeys composing a building and height of rooms and the dimensions of rooms intended for human habitation ;
- (ix) the provision of open spaces, external and internal and adequate means of light and ventilation ;
- (x) the provision of means of egress in case of fire, fire escapes and water lifting devices ;
- (xi) the provisions of secondary means of access for the removal of house refuse ;
- (xii) the materials and methods of construction of external and partly walls, roofs and floors ;
- (xiii) the position, materials and methods of construction of hearths, smoke escapes, chimneys, staircases, drains and cesspools ;
- (xiv) the provisions of lifts ;
- (xv) the paving of yards ;
- (xvi) the restriction on the use of inflammable materials in buildings ;
- (xvii) the restriction on construction of foundation on certain sites ; (xviii) the measures to be taken to protect buildings from damp arising from sub-soil ;
- (xix) the wells, tanks and cisterns and pumps for the supply of water for human consumption in connection with buildings ;
- (xx) 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 ;
(xxi) the supervision of buildings ;
(xxii) the setting back of garages and shops from the regular line of a street ; (xxiii) the construction of portable structure and permission for such construction. E. Bye-laws relating to sanitation and public health :—
- (i) the position of latrines and urinals ;
- (ii) the provision of air spaces between latrines and buildings of places used for various purposes ;
- (iii) the white washing of buildings ;
- (iv) the provisions of having accommodation for sweepers in buildings newly erected requiring ten or more latrines ;
- (v) the regulation or prohibition of the stabling or herding of animals or any class of animals so as to prevent danger to public health ;
- (vi) the seizure of ownerless animals straying within the limits of the municipal area and the regulation and control of pounds ;
- (vii) the fixing and regulation of the use of public bathing and washing places ;
- (viii) the prevention of the spread of dangerous diseases ;
- (ix) the segregation in or the removal or expulsion from any part of the municipal area or the destruction of animal suffering or reasonably suspected to be suffering from any infectious or contagious disease ;
- (x) the supervision, regulation, conservation and protection from injury, contamination or trespass of sources and means of public water supply and of appliances for the distribution of water ;
- (xi) the enforcement of compulsory vaccination and inoculation ;
- (xii) 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 purpose 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 :—
- (i) the days on, and the hours during which any market or slaughter house may be kept open for use ;
- (ii) the regulation of the design, ventilation and drainage of markets and slaughter houses and the materials to be used in the construction thereof ;
- (iii) 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 ;
- (iv) the manner in which animals shall be admitted in slaughter houses ;
- (v) the manner in which animals may be slaughtered ;
- (vi) 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 ;
- (vii) the setting apart of separate areas for different classes of articles in market buildings and market places ;
- (viii) the disposal or destruction of animals offered for slaughter which are from disease or any other cause, unfit for human consumption ;
- (ix) the destruction of carcasses which from any disease or any other cause are found after slaughter to be unfit for human consumption ;
- (x) the regulation of the entry of animal into slaughter house and bringing out of the carcasses of such animals after slaughter and the fee to be paid for use of slaughter houses ;
- (xi) the proper custody and care of animals for the keeping of which licences are granted under section 324 ;
- (xii) the regulation of the import of animals and flesh within the municipal area ;
- (xiii) 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 ;
- (xiv) 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 ;
- (xv) recreation, entertainment or resorts ;
- (xvi) the control and supervision of places where dangerous or 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 ;
- (xvii) the regulation of the posting of bills and advertisements and of the position, size, shape or style of the name boards, signboards and signposts ; (xviii) the fixation of a method for the sale of articles whether by measure, weight, piece or any other method ;
- (xix) the procedure regarding grant of permit to establish a factory, workshop or trade premises ;
- (xx) the regulation of smoke in factories, workshop and trade premises ;
(xxi) the regulation of sanitary conditions in factories, workshops and trade premises ;
(xxii) the regulation of the use in any factory, workshop or trade premises of whistle, trumpet, siren or horn worked by steam, compressed air, electricity, or other mechanical means ; (xxiii) the prevention of nuisance in any market building, market place, slaughter house or any factory or trade premises. H. Bye-laws relating to improvement :—
- (i) the form and contents of an improvement scheme or a rehousing scheme ;
- (ii) the procedure to be followed in connection with the framing, submission, approval and sanction of such scheme ;
- (iii) the local inquiries and other hearings that may be held before a scheme is framed, approved or sanctioned ;
- (iv) the alteration of an improvement scheme or a rehousing scheme after approval and sanction ; I. Bye-laws relating to miscellaneous matters :—
- (i) the prevention and extinction of fire ;
- (ii) 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 ;
- (iii) the regulation and control of Corporation dispensaries ;
- (iv) the rendering of necessary licences—
(a) for the proprietors or drivers of hackney-carriers, cycle rickshaws, thelas, the rahries kept or plying for hire or used for hawking articles ;
(b) for persons working as job porters for the conveyance of goods ;
- (v) the classification of cinema theatres for the purposes of levying theatre-tax ;
- (vi) any other matter which is to be or may be prescribed by bye-laws made under this Act or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Corporation, necessary for the efficient municipal government of the municipal area.

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