Chapter XVII STREETS

PROHIBITION OF DISPOSAL OF SKIN.— No person shall deposit the skin or otherwise dispose of the carcass of any dead animal at a place not provided for the purpose.

PROHIBITION OF USING ANY CART WITHOUT COVER IN THE REMOVAL OF FILTH ETC.— No person shall, in the removal of filth, use any cart or receptacle not having a proper covering for preventing the escape of the contents thereof, or of the stench therefrom, or intentionally or negligently spill any filth in the removal thereof, or omit carefully to sweep and clean every place in which any such filth has been spilled, or place or set down in any public place any filth whether in a vessel, closed or open.

PROHIBITION OF THROWING RUBBISH OR FILTH INTO PUBLIC PLACES.— 2A [(1)] No person shall put or cause to be put any rubbish or filth or debris into any public place not intended for deposit of rubbish or filth or debris. 2A [(2) Notwithstanding anything contained in this Act, the Secretary or an Officer specifically authorised for the purpose shall, on being satisfied that any person deposits or causes to deposit any rubbish, or filth or other debris in any public place not intended for the same, impose on the person so depositing or causing such deposit, a fine, on the spot, which may not exceed two hundred and fifty rupees and the fine so imposed shall be paid to the municipal fund within fifteen days and the Secretary shall initiate prosecution against the person if he fails to do so]

Prohibition of commission nuisance in public streets etc.— No person shall commit a nuisance by relieving himself in any street, public place or thoroughfare or permit any person under his control to do so.

PRESUMPTION AS TO OFFENDER.— Where any rubbish, offensive matter, trade refuse, special waste, hazardous waste or excrementitious and polluted matter accumulation on any premises is deposited in any place in contravention of the provisions of this Act, it shall be presumed , unless the contrary is proved , that such contravention has been committed by the occupier of such premises.

THE EMPLOYEES OF THE MUNICIPALITY ENGAGED IN RUBBISH AND SOLID WASTE MANAGEMENT SERVICE PROHIBITED FROM DEPOSITING WASTE AT A PLACE OTHER THAN SPECIFIED ETC.— No employee of the Municipality engaged in rubbish and solid waste management service shall throw or place any domestic waste, dust, ashes, refuse, rubbish or trade refuse or any excrementitious or polluted matter on any street or in any place not provided for the purpose or place or keep in any street any vehicle or carriage for the removal of solid waste, excrementitious or polluted matter, or suffer the same to remain in any street for any greater length of time than is reasonably necessary.

POWER TO INSPECT PREMISES FOR SANITARY PURPOSES.— The Secretary or any officer authorised by him may, at any time , inspect any premises for the purpose of ascertaining compliance with the provisions of this Act.

PUNISHMENT FOR DEPOSITING OR THROWING ANY RUBBISH OR SOLID WASTE IN CONTRAVENTION OF THE PROVISIONS OF THIS ACT.— Whosoever deposits or throws any rubbish, solid waste, filth or carcasses in contravention of the provisions in this Chapter shall on conviction be punishable with fine which shall not be less than fifty rupees but may extend to two hundred and fifty rupees.

PROJECTED STREET.—

1. (1) A Municipality may prepare schemes and plans of proposed public streets, showing the direction of such streets, the street alignment and building line on each side of them, their intended width and such other details as may appear desirable.
2. (2) The width of the proposed streets shall not ordinarily be less than thirteen metres, or, in any area covered by huts, seven metres.
3. (3) It shall be the duty of a Municipality to layout public streets in areas covered by huts, so far as may be practicable both for the purpose of securing proper ventilation for huts in such areas, and in view of the contingency of buildings being erected therein.
4. (4) Where any plan has been prepared under sub-section(l), the street to which it refers shall be deemed to be a projected public street, and provisions of section 352 shall apply to all buildings, so far as they stand across the street alignment or building line of the projected street.

WATERING OF STREETS.— A Municipality shall, so far as it considers it necessary for public convenience, and so far as funds permit, cause the important public streets to be watered as it thinks necessary.

TEMPORARY CLOSURE OF STREETS.— The Secretary may, by an order in writing, temporarily close any street to traffic for repair or in order to carry out any work connected with drainage, water supply or lighting or any of the purposes of this Act:

PROTECTION OF APPURTENANCES AND MATERIALS OF STREET PROTECTION OF APPURTENANCES AND MATERIALS OF STREET.— No person shall without the permission in writing of the Secretary, displace, take up or make any alteration in the fences, posts, pavements, flags, or other materials of any public street.

Power of Municipality to recover expenses caused by extraordinary traffic.— Where by a certificate of [Municipal Engineer] it appears to Municipality that, having regard to the average expense of repairing roads in the neighbourhood, extraordinary expenses have been incurred by the Municipality in repairing a street by reason of the damage caused by excessive weight passing along the street or extraordinary traffic thereon, the Municipality may, require by notice, any person by whose direction such weight or traffic has been caused, to pay to the Municipality the amount of such expenses incurred by it: Provided that any person from whom expenses are or may be recoverable under this section may enter into an agreement with the Municipality for the payment to it of a compensation in respect of such weight or traffic and thereupon the person so paying shall not be subject to any proceeding under this section.

Owner's obligation to make street when disposing of land as building sites.— Where an owner of any land utilises, sells, leases or otherwise disposes of such land or any portion or portions of the same as sites for the construction of building, he shall, save in such cases as the site or sites may abut on an existing public or private street, laydown and make a street or streets or road or roads giving access to the site or sites and connecting with an existing public or private street.

Making new private street.—

1. (1) Any person intending to make or layout a new private street shall send to the office of the Municipality a written application with plans and sections showing the following particulars namely-
   • (a) The intended level, direction and width of the street;
   • (b) the street alignment and the building line; and
   • (c) the arrangements to be made for levelling, paving, metalling, flagging, channelling, sewering, draining, conserving and lighting the streets.
2. (2) The provisions of this Act and of any rules or bye-laws made thereunder as to the level and width of public streets and the height of building abutting thereon shall apply also in the case of street referred in sub-section (1), and all the particulars referred to in that sub-section shall be subject to approval by the Municipality.
3. (3) Within sixty days after the receipt of any application under sub-section (1), the Municipality shall either sanction the making of the street on such conditions as it may think fit, or disallow it, or ask for further information with respect to it.
4. (4) Sanction under sub-section (3) may be refused-
   • (i) if the proposed street would conflict with any arrangements which have been made, or which are in the opinion of the Municipality likely to be made, for carrying out any general scheme for the laying out of streets;
   • (ii) if the proposed street does not conform to the provisions of the act, rules and bye-laws referred to in sub-section (2); or
   • (iii) if the proposed street is not designed so as to connect at one end with a street which is already open.
5. (5) No person shall make or layout any new private street without or otherwise than in conformity with the orders of the Municipality. If further information is asked for, no steps shall be taken to make or layout the street until orders have been passed upon receipt of such information: Provided that the passing of such order shall not in any case be delayed for more than sixty days after the Municipality has received all the information which it considers necessary to enable it to deal finally with the said application.

Alteration or demolition of street made in breach of section 360 Alteration or demolition of street made in breach of section 360.—

1. (1) Where any person, makes or lays out any street referred to in section 360 without or otherwise than in conformity with the orders of the Municipality, the Secretary 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 send to the Secretary on or before such date as may be specified in the notice, why such street should not be altered to the satisfaction of the Secretary, or if such alteration be impracticable, why such street should not be demolished; or
   • (b) require the offender to appear before the Secretary either personally or by a duly authorised agent on such day and at such time and place as may be specified in the notice, and show cause as aforesaid.
2. (2) Where any person on whom a notice under sub-section (1) is served fails to show sufficient cause to the satisfaction of the Secretary why such street should not be so altered or demolished, the Secretary may pass an order directing the alteration or demolition of such street.

POWER OF SECRETARY TO ORDER WORK TO BE CARRIED OUT OR TO CARRY IT OUT HIMSELF IN DEFAULT.—

1. (1) Where any private street or part thereof is not levelled, paved, metalled, flagged, channelled, drained, conserved or lighted to the satisfaction of the Secretary, he may, by notice, require the owners or occupiers of building, or lands fronting or abutting on such street or part thereof to carry out any work, which in his opinion may be necessary and within such time as may be specified in such notice.
2. (2) Where such work is not carried out within the time specified in the notice, the Secretary may, if he thinks fit, execute it and the expenses incurred shall be paid by the owners or occupiers in default according to the frontage of their respective buildings or lands in such proportion as may be settled by the Secretary.

RIGHT OF OWNERS TO REQUIRE STREET TO BE DECLARED PUBLIC.— Where any street has been levelled, paved, metalled, flagged, channelled, drained, conserved and lighted under the provisions of section 362 such street shall, on the requisition of the majority of the owners thereof, be declared a public street.

PROHIBITION OF OBSTRUCTION IN OR OVER STREETS.— No person shall build any wall or erect any fence or other obstruction, or projection, or make any encroachment in or over any street.

PUBLIC STREETS OPEN TO ALL.— All streets vested in or maintained by a Municipality shall be open to all members of the public.

PROHIBITION AND REGULATION OF DOORS, GROUND FLOOR WINDOWS AND BARS OPENING OUTWARDS.—

1. (I) No door, gate, bar or ground floor window shall, without a licence from the Municipality be hung or placed so as to open outwards upon any street.

1. (2) The Secretary may, by notice, require the owner of such door, gate, bar, or window to alter it so that no part thereof, when open, shall project over the street.

REMOVAL OF ENCROACHMENTS.—

1. (1) The Secretary may, by notice, require the owner or occupier of any premises to remove or alter any projection. Encroachment or obstruction other than a door, gate, bar or ground floor window situated against or in front of such premises and in or over any street.
2. (2) Where the owner or occupier of the premises proves that any such projection, encroachment or obstruction has existed for a period sufficient under the law of limitation to give any person a prescriptive title thereto or that it was erected or may with the permission or licence of any authority duly empowered in that behalf, and that the period, if any, for which the permission or licence, is valid has not expired, the Municipality shall make reasonable compensation to every person who suffers damage by the removal or alteration of the same.
3. (3) Where the Secretary is satisfied that any road or public street including footpath, if any, thereof belonging to the Municipality or vested in it or otherwise is encroached upon by any person in any form, either temporarily or permanently so as to cause obstruction or hindrance or inconvenience to traffic and users of the street, the Secretary may summarily evict such encroachments and may seize and dispose of any belonging or article that may be found on such road or street and no person shall be entitled to claim compensation for any action taken by the Secretary in this behalf.

POWER TO ALLOW CERTAIN WORKS.—

1. (1) The Municipality may grant a licence, subject to such conditions and restrictions as it may think fit, to the owner or occupier of any premises to cover drains necessary for access to the premises.
2. (2) A Municipality, may grant a licence, subject to such conditions and restrictions as it may think fit, for the temporary erection of pandals and other structures in a public street vested in the Municipality or in any other public place the control of which is vested in the Municipality.
3. (3) A Municipality shall have power to lease roadsides and street margins vested in it for occupations on such terms and conditions and for such period as it may fix.
4. (4) No licence under sub-section (1) or a lease under sub-section (3) shall be granted if the construction or occupation is likely to be injurious to health or cause public inconvenience or otherwise materially interfere with the use of the road as such.
5. (5) The Government may, by notification, restrict and impose such control in, as they may think fit, the exercise by Municipalities in general or by any Municipality in particular, of the powers under sub-sections (1) and (3).
6. (6) On the expiry of any period for which a licence has been granted under this section, the Secretary, may, without notice, cause any construction put up under sub-section (1) or sub-section
7. (2) to be removed, and the cost thereof shall be recovered in the manner provided in section 538 from the person to whom the licence was granted.
8. (7) PROHIBITION OF STRUCTURES OR FIXTURES WHICH CAUSE OBSTRUCTION IN PUBLIC STREETS.— No person shall except with the written permission of a Municipality erect or set up within a municipal area any wall, fence, rail, post, step, booth or other structures or fixtures in or upon any public street or upon or over any open channel, well or tank in any street so as to form an obstruction, or an encroachment upon or a projection over, or to occupy any portion of such street, channel, drain, well or tank.
9. (8) Prohibition of deposits etc., of things on public street.— Without permission of the Secretary,-
10. (9) no person shall place or deposit upon any public street or upon any open channel, drain, or well in any street or in any public place within a municipal area, any stall, chair, bench, box, ladder, bale or other things so as to form an obstruction or encroachment thereto;
11. (10) no workshops doing repair work of motor vehicles or motor vehicle parts shall do any repair work or for doing repair work or after doing repair work, park upon public streets near their premises.

LICENCE FOR SALE IN PUBLIC PLACE.— No person shall hawk or expose for sale in any public place or in any public street within a municipal area any article what so ever whether it be for human consumption or not except under a licence granted by the Municipality in this behalf.

SECRETARY MAY WITHOUT NOTICE REMOVE ENCROACHMENT.— Notwithstanding anything contained in this Act, the Secretary may, without notice, cause to be removed-

1. (a) Any wall, fence, rail, step, booth, or other structure or fixture which is erected or set up in contravention of the provisions of section 369;
2. (b) Any stall, chair, bench, box, ladder, bale, or any other thing whatsoever, placed or deposited in contravention of section 370;
3. (c) Any article, whatsoever, hawked or exposed for sale in any public place or in any public street in contravention of section 371 and any vehicle, package, box, board, shelf or any other thing in or on which such article placed or kept for the purpose of sale.

PRECAUTIONS DURING REPAIR OF STREETS.—

1. (1) The Secretary shall, during the construction or repair of any street, drain or premises vested in the Municipality-
   • (a) cause the same to be fenced and guarded;
   • (b) take proper precautions against accident by shoring up and protecting the adjoining buildings; and
   • (c) cause such bars, chains or posts to be fixed across or in any street in which any such work is under execution as are necessary to prevent the passage of vehicles and avert danger.
2. (2) The Secretary shall cause such drain, street or premises to be sufficiently lighted or guarded during the night while under construction or repair.
3. (3) The Secretary shall, with all reasonable speed, cause to complete the said work, fill in the ground and repair the said drain, street or premises and remove the rubbish occasioned thereby.

PROHIBITION OF REMOVAL OF BARS AND LIGHTS.— No person shall, without lawful authority, remove any bar, chain, post or shoring timber or remove or extinguish any light set up under section 373.

PROHIBITION OF MAKING HOLES AND CAUSING OBSTRUCTION.—

1. (1) No person shall make a hole or cause any obstruction in any street, unless he previously obtains the permission of the Secretary and complies with such conditions as he may impose.
2. (2) Where such permission is granted, such person shall, at his own expense, cause such whole or obstruction to be sufficiently fenced and enclosed until the whole or obstruction is filled up or removed and shall cause such hole or obstruction to be sufficiently lighted during the night.

OCCUPATION OF PORAMBOKE WITHOUT LICENCE.—

1. (1) Where any person without the previous sanction of a Municipality occupies any land belonging ro it or vested in it or under its control, he shall, from time to time, pay in respect of such occupation such sums by way of penalty as may be demanded by the Municipality, subject to such limits as may be prescribed: Provided that before demanding any sum under this sub-section the Municipality shall give such person an opportunity to show cause against such demand.
2. (2) Where any person makes default in the payment of any such amount the Magistrate having jurisdiction over the Municipal area may, on application by the Secretary, recover the same in the same manner as if it were a fine imposed by the Court. (3)
   • (a) Any person unauthorisedly occupying any land for which he is bound to pay a penalty under sub-section(l) in respect of such occupation, may be summarily evicted by the Secretary and any crops or other product raised on the land shall be liable to forfeiture and any building or structure erected or anything deposited thereon, shall also, if not removed by him after such written notice as the Secretary may deem reasonable, be liable to forfeiture and any property so forfeited shall be disposed of by the Secretary in accordance with such procedure as the Council may direct.
   • (b) Any eviction under this sub-section shall be by serving a notice on a person reputed, to be in occupation or his agent, requiring him, within such time as the Secretary may deem reasonable after receipt of the said notice, to vacate the land and if such notice is not obeyed, by removing or deputing a subordinate to remove any person who may refuse to vacate the same and if the officer removing any such person shall be resisted or obstructed by any person, the Secretary may report the fact to the collector and thereupon the Collector shall hold a summary enquiry into the case and if satisfied that the resistance or obstruction still continues, may issue a warrant for the arrest of the said person and, on his appearance may send him, with a warrant, in such form as may be prescribed, for imprisonment in the civil jail for such period, not exceeding thirty days as may be necessary to prevent the continuance of such obstruction or resistance: Provided that no person so committed for imprisonment under this section shall be liable to be prosecuted under sections 183, 186 and 188 of the Indian Penal Code, 1860 (Central Act 45 of 3860) in respect of the same facts.

LICENCE FOR WORK ON BUILDINGS LIKELY TO CAUSE OBSTRUCTIONS.— Where any person intends to construct or demolish any building or to alter or repair the outward part thereof, and if any street or foot way is likely to be obstructed or rendered inconvenient by means of such work, he shall first obtain a licence from the Municipality in that behalf and shall also-

1. (a) cause the said building to be fenced and guarded;
2. (b) sufficiently light it during the night; and
3. (c) take proper precaution against accidents during such time as the public safety or convenience requires.

CLEARING OF DEBRIS OF FALLEN TREES ETC. BY OCCUPIERS.— Where any obstruction is caused in any street by the fall of trees, structures or fences the owner or occupier of the premises concerned shall, within twelve hours of the occurrence of such fall or within such further period as the Secretary may, by notice allow, clear the street of such obstruction.

NAMING OF PUBLIC STREETS.—

1. (1) The Municipality shall give names to the public street vested in and maintained by it and may alter the name of such public street: Provided that before such naming or renaming, the opinion of the Ward Committees or Ward Sabhas concerned shall be taken into consideration.
2. (2) The Secretary shall cause to be put up or painted in English and in the language of the locality on a conspicuous part of some building, wall or place, at or near each end, corner or entrance the name of every public street.
3. (3) No person shall, without lawful authority, destroy, pull down or deface any such name or put up any name different from that put up by order of the Secretary.

NUMBERING OF BUILDINGS.—

1. (1) The Secretary shall cause a number to be affixed to the side or outer door of any building or to some place at the entrance of the premises.
2. (2) No person shall, without lawful authority, destroy, pull down or deface any such number.
3. (3) Where a number has been affixed under sub-section (1), the owner of the building shall be bound to maintain such number and to replace it if removed or defaced and if he fails to do so, the Secretary may by notice require him to replace it.