Chapter XIII RULES AND BYE-LAWS

[Content provided in document header: Government to make rules.] (1) The Government may by notification and after previous publication make rules for carrying out all or any of the purposes of this Act and prescribe by such rules, forms for any proceeding for which it considers that a form should be prescribed. (2) In particular and without prejudice to the generality of the foregoing power, rules may be made,— (a) for regulating the conduct of business and delegation of any of the powers or duties and the appointment and constitution of the committees of a municipal council; (b) (i) for determining the executive functions to be performed by the president, vice-president, the chairman of any committee, or the Municipal Commissioner and the Chief Officer and the delegation of any of the powers or duties of a municipal council to such persons; (ii) for determining the staff of officers and servants to be employed by municipal council, their respective designations, and duties, and the powers and duties to be delegated to them under section 70; (c) for the guidance of the officers and servants of a municipal council in all matters relating to its administration; (d) as to the amount and nature of the security to be furnished by any officer or servant from whom it may be deemed expedient to require security; (e) prescribing the assessment, levy and collections of taxes in the municipal area, the circumstances in which exemption will be allowed, the conditions on which and extent to which remissions will be granted and the system on which refunds will be allowed and paid, in respect of such taxes; the limits of the charges or payments to be fixed in lieu of any tax under section 139, the fees for notices demanding payments due on account of any tax and for the issue and execution of warrants of distress and the rates to be charged for maintaining any live-stock distrained and the time at which and the mode in which such taxes, charges, payments, fees or rates shall be levied or recovered or be payable and the persons authorised to receive payment of the same and the manner in which auctions of movable and immoveable property under section 144 shall be held; (f) prescribing the conditions subject to which sums due on account of any tax or of costs in recovering any tax or on any other account may be written off as irrecoverable, and the conditions subject to which the whole or any part of any fee chargeable for distress may be remitted; (g) for regulating the recruitment and conditions of service of officers and servants, and determining the conditions under which such officers and servants, or any of them, shall receive pensions, gratuities, or compassionate allowances on retirement, or on their becoming disabled through the execution of their duty, and the amount of such pensions, gratuities, or compassionate allowances; and for prescribing the conditions under which any gratuities, or compassionate allowance may be paid to the surviving relations on the death of any such officers or servants; (h) as to the conditions under which rate-payers may appear before the Government auditor, inspect books and vouchers and take exception to items entered in the account or omitted therefrom; (i) the powers and duties of the auditors and the procedure to be followed by them for conducting an audit and the times at which such audit may be conducted; (j) as to preparation of plans and estimates for works which are to be partly or wholly constructed out of the municipal fund and the authority by whom, and the conditions subject to which, such plans and estimates for works may be sanctioned; (k) as to the transfer to municipal councils of the management of any institution not otherwise provided for by this Act; (ii) for the manufacture, preparation, storing, sale or supply for the purpose of trade of any article or thing intended for human food or drink, whether such food or drink is to be consumed in such place or not; (iii) as a market or shop for the sale of animals and birds intended for human food, or of meat, fish or eggs or as a market for the sale of fruits or vegetables; (iv) for any of the purposes mentioned in section 256; (v) as a dairy, boarding house, or lodging house, or like purpose (other than a students’ hostel under public or recognised control); (vi) for any other purpose for which the taking out of a licence is or may be prescribed; and providing for the inspection and regulation of the conduct of business in any place used as aforesaid, so as to secure cleanliness therein or to minimise any injurious, offensive, or dangerous effect arising or likely to arise therefrom; (c) prescribing the conditions on or subject to which, and the circumstances in which, and the areas or localities in respect of which, licences may be granted, refused, suspended or withdrawn for the use of whistles and trumpets operated by steam or mechanical means or electricity in factories or other places for the purpose of summoning or dismissing workmen or persons employed; (d) prohibiting the stalling or herding of horses, camels, cattle, donkeys, pigs, sheep or goats, otherwise than in accordance with such terms prescribed in such bye-laws in regard to the number thereof and the places to be used for the purpose, as may be necessary to prevent danger to the public health; (e) prescribing the conditions subject to which sweetmeat, milk, butter or other milk product may be sold and subject to which licences may be granted, refused, suspended or withdrawn for carrying on the trade or business of a dealer in, or importer or seller of, sweetmeat, milk, butter or other milk product or for the use of for the purposes of trade, of any place for stabling milch-cattle, for storing or selling milk or for manufacturing, storing or selling butter or other milk products; (f) (i) for the inspection of milch-cattle; and prescribing and regulating the construction, dimensions, ventilation, lighting, cleansing, drainage and water supply of dairies and cattle-sheds in the occupation of persons following trade of dairymen or milk-sellers; (ii) for securing the cleanliness of milk stores, milk shops and vessels used by milk-sellers or buttermen for milk or butter; (g) for the registration of births and deaths and the taking of statistics within the municipal area and for enforcing the supply of such information as may be necessary to make such registration or statistics effective; (h) regulating the disposal of the dead the maintenance of all places for the disposal of the dead in good order and in a safe sanitary condition, due regard being had to the religious usages of the community or section of the community entitled to the use of such places for the disposal of the dead; (i) for enforcing the supply of information as to any cases of dangerous disease, and carrying out the provisions of sections 248, 249 and 251; (j) for enforcing the supply of such information by inhabitants of the municipal area as may be necessary to ascertain their respective liabilities to any tax imposed therein; (k) x x x (l) for the regulation of advertisements and their display; (m) x x x (n) for conserving and preventing injury to sources and means of water supply and appliances for the distribution of water whether within or without the limits of the municipal area; and regulating all matters and things connected with the supply and use of water and the turning on or turning off and preventing the waste of water, and the construction, maintenance and control of municipal water works and of pipes and fittings in connection therewith, whether the property of the municipal council or not; Explanation.—For purposes of this clause, “sources and means of water supply” shall include private wells which are used by the public. (o) for securing an adequate supply of pure water to persons occupying residential premises; (p) regulating the use of public bathing and washing places within municipal limits; (q) regulating sanitation and conservancy; (r) regulating the conditions for the construction, use and disposal of houses intended for the poor under clause (d) of section 91; (s) regulating the disposal of carcasses of dead animals; (t) regulating the conditions on which permission may be given for the temporary occupation of, or the erection of, temporary structures on public streets or for projections over public streets, and regulating the structure and dimensions of plinths, walls, foundations, floors, roofs, and chimneys of new buildings, for the purpose of securing stability and the prevention of fires, and for purposes of health; (u) regulating the erection or use of buildings for grain shops or grain stores and regulating the use of sites for erection of buildings and regulating in localities intended for residential purposes the erection or use of buildings for shops, market places, manufactories, places of public resort or for any like purpose; (v) for preventing the erection of the buildings without adequate provision being made for the laying out and location of streets; (w) for ensuring the adequate ventilation of buildings by the provision and maintenance of sufficient open space either internal or external and of doors and windows and other means for securing a free circulation of air; (x) for requiring an owner of a building divided into two or more separate tenements to provide adequate means of lighting at night time a staircase, passage or private court of or in any such building or the spaces near or leading to latrines or urinals or washing places therein and of extinguishing such lights; (y) regulating, in any other particular not specifically provided for in this Act, the construction, maintenance and control of drains, sewers, ventilation shafts, receptacles for dung and manure, cesspools, water closets, privies, latrines, urinals, and drainage or sewerage works of every description, whether the property of the municipal council or not; (z) determining the information and plans to be required by the municipal council under sections 170 and 187; (aa) subject to the provisions of the Karnataka Traffic Control Act, 1960, prohibiting vehicular traffic in any particular street, so as to prevent danger, obstruction or inconvenience to the public, by fixing up posts at both ends of such street or portion of such street; prohibiting the transit of any vehicles of such form, construction, weight or size, or laden with such machinery or other unwieldy objects as may be deemed likely to cause injury to the roadway or to any construction thereon except under such conditions as to time, mode of traction or locomotion, use of appliances for protection of the roadway, number of lights and assistants and other general precautions as may be prescribed, either generally in such bye-laws, or in special licences to be granted in each case upon such terms as to time, of application and payment of fees therefor as may be prescribed in such bye-laws: Provided that no such bye-law relating only to any particular street or portion of a street shall be deemed to be in force, unless and until notices of such prohibition shall have been posted up by the municipal council in conspicuous places at or near both ends of such street or portion of street; (bb) securing the protection of public parks, gardens, and open spaces, vested in or under the control of the municipal council, from injury or misuse, regulating their management and the manner in which they may be used by the public, and providing for the proper behaviour of persons in them; (cc) prescribing the qualifications of surveyors or persons by whom plans required under section 187 are to be prepared or of plumbers; for licensing persons to be surveyors or plumbers or water supply contractors and fixing the fees chargeable for such licences and for modifying the provisions of or revoking such licences and prohibiting any alterations or repairs or fittings to water or drainage pipes or house connections being carried out or made, except by licensed plumbers or water supply contractors; providing for the exercise of adequate control on all licensed plumbers or licensed water-supply contractors, the inspection of all works carried out by them, and 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 or licensed water-supply contractor; (dd) prescribing the conditions on or subject to which and the circumstances in and the areas or localities in respect of which licences may be granted, refused, suspended, or withdrawn for establishment in any premises, or any factory, as defined in the Factories Act, 1948; (ee) prescribing the conditions on or subject to which licences may be granted, refused, suspended or withdrawn, for the use of hand-carts and hand barrows other than those plying for hire in respect of which licenses have been granted under the Karnataka Public Conveyances Act, 1961, and providing for the seizure and detention of any hand-cart or hand-borrow which has not been duly licensed in pursuance of the bye-laws made under this section; (ff) prescribing the conditions on or subject to which permission may be granted, renewed, refused, suspended or withdrawn for erecting, exhibiting, fixing or retaining any advertisement liable to tax under this Act, over any land, building or structure or upon or in any vehicle or for displaying in any other manner; (gg) the fees to be charged for licences or permissions granted by the municipal council or for the inspection of records or grant of copies of documents or duplicate licences or permits; (hh) generally for the regulation of all matters relating to municipal administration. (2) In making any bye-laws under sub-section (1), the municipal council may provide that a contravention thereof shall be punishable,— (a) with fine which may extend to five hundred rupees;

[Content provided in document header: Power to make bye-laws.] (1) Subject to the provisions of this Act and the rules made thereunder, every municipal council may from time to time make, alter or rescind bye-laws,— (a) for the regulation and inspection of markets, all public places used for the sale of articles, and slaughter houses and all places used by or for animals which are for sale or hire or the produce of which is sold, and for the proper and clean conduct of business therein, for regulating the sale of fruits, flowers and vegetables, or meat, fish, eggs and animals in the municipal markets or other specified places, and for fixing the rents and other charges to be levied for the use of any of them which belong to the municipal council; (b) prescribing the conditions on or subject to which, and the circumstances in which, and the areas or localities in respect of which, licences may be granted, refused, suspended or withdrawn for the use of any place not belonging to the municipal council,— (i) as a slaughter house; (ii) for the manufacture, preparation, storing, sale or supply for the purpose of trade of any article or thing intended for human food or drink, whether such food or drink is to be consumed in such place or not; (iii) as a market or shop for the sale of animals and birds intended for human food, or of meat, fish or eggs or as a market for the sale of fruits or vegetables; (iv) for any of the purposes mentioned in section 256; (v) as a dairy, boarding house, or lodging house, or like purpose (other than a students’ hostel under public or recognised control); (vi) for any other purpose for which the taking out of a licence is or may be prescribed; and providing for the inspection and regulation of the conduct of business in any place used as aforesaid, so as to secure cleanliness therein or to minimise any injurious, offensive, or dangerous effect arising or likely to arise therefrom; (c) prescribing the conditions on or subject to which, and the circumstances in which, and the areas or localities in respect of which, licences may be granted, refused, suspended or withdrawn for the use of whistles and trumpets operated by steam or mechanical means or electricity in factories or other places for the purpose of summoning or dismissing workmen or persons employed; (d) prohibiting the stalling or herding of horses, camels, cattle, donkeys, pigs, sheep or goats, otherwise than in accordance with such terms prescribed in such bye-laws in regard to the number thereof and the places to be used for the purpose, as may be necessary to prevent danger to the public health; (e) prescribing the conditions subject to which sweetmeat, milk, butter or other milk product may be sold and subject to which licences may be granted, refused, suspended or withdrawn for carrying on the trade or business of a dealer in, or importer or seller of, sweetmeat, milk, butter or other milk product or for the use of for the purposes of trade, of any place for stabling milch-cattle, for storing or selling milk or for manufacturing, storing or selling butter or other milk products; (f) (i) for the inspection of milch-cattle; and prescribing and regulating the construction, dimensions, ventilation, lighting, cleansing, drainage and water supply of dairies and cattle-sheds in the occupation of persons following trade of dairymen or milk-sellers; (ii) for securing the cleanliness of milk stores, milk shops and vessels used by milk-sellers or buttermen for milk or butter; (g) for the registration of births and deaths and the taking of statistics within the municipal area and for enforcing the supply of such information as may be necessary to make such registration or statistics effective; (h) regulating the disposal of the dead the maintenance of all places for the disposal of the dead in good order and in a safe sanitary condition, due regard being had to the religious usages of the community or section of the community entitled to the use of such places for the disposal of the dead; (i) for enforcing the supply of information as to any cases of dangerous disease, and carrying out the provisions of sections 248, 249 and 251; (j) for enforcing the supply of such information by inhabitants of the municipal area as may be necessary to ascertain their respective liabilities to any tax imposed therein; (k) [Omitted] (1) ...laden with such machinery or other unwieldy objects as may be deemed likely to cause injury to the roadway or to any construction thereon except under such conditions as to time, mode of traction or locomotion, use of appliances for protection of the roadway, number of lights and assistants and other general precautions as may be prescribed, either generally in such bye-laws, or in special licences to be granted in each case upon such terms as to time, of application and payment of fees therefor as may be prescribed in such bye-laws: Provided that no such bye-law relating only to any particular street or portion of a street shall be deemed to be in force, unless and until notices of such prohibition shall have been posted up by the municipal council in conspicuous places at or near both ends of such street or portion of street; (bb) securing the protection of public parks, gardens, and open spaces, vested in or under the control of the municipal council, from injury or misuse, regulating their management and the manner in which they may be used by the public, and providing for the proper behaviour of persons in them; (cc) prescribing the qualifications of surveyors or persons by whom plans required under section 187 are to be prepared or of plumbers; for licensing persons to be surveyors or plumbers or water supply contractors and fixing the fees chargeable for such licences and for modifying the provisions of or revoking such licences and prohibiting any alterations or repairs or fittings to water or drainage pipes or house connections being carried out or made, except by licensed plumbers or water supply contractors; providing for the exercise of adequate control on all licensed plumbers or licensed water-supply contractors, the inspection of all works carried out by them, and 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 or licensed water-supply contractor; (dd) prescribing the conditions on or subject to which and the circumstances in and the areas or localities in respect of which licences may be granted, refused, suspended, or withdrawn for establishment in any premises, or any factory, as defined in the Factories Act, 1948; (ee) prescribing the conditions on or subject to which licences may be granted, refused, suspended or withdrawn, for the use of hand-carts and hand barrows other than those plying for hire in respect of which licenses have been granted under the Karnataka Public Conveyances Act, 1961, and providing for the seizure and detention of any hand-cart or hand-borrow which has not been duly licensed in pursuance of the bye-laws made under this section; (ff) prescribing the conditions on or subject to which permission may be granted, renewed, refused, suspended or withdrawn for erecting, exhibiting, fixing or retaining any advertisement liable to tax under this Act, over any land, building or structure or upon or in any vehicle or for displaying in any other manner; (gg) the fees to be charged for licences or permissions granted by the municipal council or for the inspection of records or grant of copies of documents or duplicate licences or permits; (hh) generally for the regulation of all matters relating to municipal administration. (2) In making any bye-laws under sub-section (1), the municipal council may provide that a contravention thereof shall be punishable,— (a) with fine which may extend to five hundred rupees; (b) with fine which may extend to five hundred rupees, and in case of continuing contravention, with an additional fine which may extend to fifteen rupees for every day during which such contravention continues after conviction for the first such contravention; or (c) with fine which may extend to ten rupees for every day during which the contravention continues, after receipt of a notice from the municipal council or a municipal officer duly authorised in this behalf, by the person contravening the bye-law requiring such person to discontinue such contravention. (3) 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. (4) Every municipal council shall, before making any bye-law under this section, publish in such manner as may be prescribed for the information of the persons likely to be affected thereby, a draft of the proposed bye-law, together with a notice specifying a date on or after which the draft will be taken into consideration, such date not being earlier than thirty days from the date of publication of the draft of the proposed bye-law and shall, before making the bye-law, receive and consider any objection or suggestion with respect to the draft which may be made in writing by any person before the date so specified. (5) Every bye-law made by a municipal council under this section shall not have effect until it has been approved by the Government; and every such bye-law shall be submitted to the Government along with a copy of the notice published under sub-section (4) and of every objection or suggestion received with respect to the draft bye-law. (6) The Government while approving a bye-law may make any change therein which appears to it to be necessary. (7) Every bye-law as approved by the Government shall be published in the prescribed manner and shall come into force from such date as may be specified by the municipal council and where no date is specified on the date of such publication.

[Content provided in document header: Power of Government to make model bye-laws and adoption of such bye-laws by municipal councils.] (1) In respect of any of the matters specified in section 324 the Government may, after previous publication of the draft for not less than one month, make model bye-laws, and such bye-laws may be different for different classes of municipal areas. (2) A municipal council may by resolution adopt the model bye-laws in respect of any matter, and such bye-laws shall come into force in such municipal area from such date as the municipal council may specify in a notice published in the prescribed manner. (3) If a municipal council proposes to adopt the model bye-laws in respect of any matter subject to any modifications, the procedure specified in sub-sections (4), (5) and (6) of section 324 shall be followed as if the modifications were bye-laws proposed to be made by the municipal council. The modifications as approved by the Government shall be published in the prescribed manner and the model bye-laws shall subject to such modifications come into force from such date as may be specified by the municipal council and where no date is specified on the date of such publication. (4) (a) The Government may by order direct any municipal council to adopt the model bye-laws in respect of any matter, within such period not being less than three months from the date of receipt of the direction by the municipal council. (b) If the municipal council fails to take any action for adopting the model bye-laws with or without modifications, the Government may by notification declare that the said model bye-laws shall come into force in the said municipal area from such date as may be specified in such notification, and such bye-laws shall come into force accordingly. (5) The provisions of this section shall have effect notwithstanding anything contained in section 324.

[Content provided in document header: Rules and Bye-laws to be printed and sold.] (1) A copy of rules and bye-laws for the time being in force shall be kept at the municipal office and shall during office hours be open free of charge to inspection by any inhabitation of the municipal area. (2) Copies of all such rules and bye-laws shall be kept at the municipal office and shall be sold to the public at cost price either singly or in collection at the option of the purchaser.