Power to make bye-laws.

[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circumstances in which, and the areas or localities in respect of which, licences may be granted, refused, suspended or withdrawn for the use of any place not belonging to the municipal council,— (i) as a slaughter house; (ii) for the manufacture, preparation, storing, sale or supply for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circumstances in which, and the areas or localities in respect of which, licences may be granted, refused, suspended or withdrawn for the use of whistles and trumpets operated by steam or mechanical means or electricity in factories or other places for the purpose of summoning or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.