Chapter XXVI RULES, BYE-LAWS AND REGULATIONS

Power of Government to make rules.—

1. (1) The Government may, by notification in the Gazette, make rules, either prospectively or retrospectively, to carry out all or any of the purposes of this Act.
2. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for-
   • (a) all matters not expressly provided for in this Act, relating to the election of Chairperson, Deputy Chairperson or Councillors including election petitions and deposits to be made by candidates standing for election and the conditions under which such deposit may be forfeited;
   • (aa) the manner of giving and recording of votes by using voting machine and the procedures in conducting polling in polling stations or places where such machines are used
   • (b) conditions on which property may be acquired by the Municipality or on which property vested in or belonging to the Municipality may be transferred by sale, mortgage, lease, exchange or otherwise;
   • (c) the working of provident funds;
   • (d) financial assistance paid from the Municipal fund;
   • (e) the preparation of plans and estimates for works which are to be partly or wholly constructed at the expense of the Municipality and the power of the municipal authorities or Government officers to record professional or administrative sanction to estimates;
   • (f) the accounts to be kept by the Municipality, the manner in which such accounts shall be audited and published and the conditions under which the rate payers may appear before auditors, inspect registers and vouchers and take exception to items or omitted therein;
   • (g) the estimate of receipts and expenditure, returns, statements and reports to be submitted by Municipalities;
   • (h) the manner in which the advice of the officers of the Government, other officers or experts shall be sought by the Municipality for the purposes of this Act;
     • (i) the interpellation of the Chairperson by the Councillors;
   • (j) the moving of resolutions at the meeting of the Council;
   • (k) regulating the sharing between local authorities of the proceeds of the profession tax, tax on animals, vessels and vehicles and other taxes or income levied or obtained under this or any other enactment;
   • (l) the form of registers and returns of births and deaths, the manner in which the registers shall be maintained, the dates on which returns shall be filed and the officer before whom returns shall be submitted;
   • (m) the transfer of allotments entered in the sanctioned budget of a Municipality from one head to another;
   • (n) the powers of auditors inspecting and superintending officers and officers authorised to hold inquires to summon and examine witnesses and to compel the production of documents and all other matters connected, with audit, inspection and superintendence;
   • (o) determining the cost of buildings and lands;
   • (p) registration of marriages at the instance of the parties concerned containing such particulars as may be prescribed and issuance of certificates thereof on application after realising the prescribed fees for such certificates; (q)
   • (r) registration of residents associations of housing colonies, area development societies of the urban poor, arts-sports and games and cultural organisations in the municipality. preparation of development plans for the municipal area, its approval and implementation;
   • (t) functions of Ward Committees and Ward Sabhas; and
   • (u) right to information of the people on matters of municipal administration and duties.
3. (3) Rules relating to election, if any, shall be made in consultation with the State Election Commission.
4. (4) In making the rules, the Government may provide that a breach thereof shall be punishable with fine which may extend to five hundred rupees.
5. (5) Every rule made under this Act shall be laid, as soon as may be after it is made, before the Legislative Assembly, while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly makes any modification in the rule or decides 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; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

Power of Government to amend the Schedules.—

1. (1) The Government may, by notification in the Gazette, make additions to the entries in a Schedule to this Act.
2. (2) No Schedule to this Act or any entry in such Schedule shall be omitted except by the authority of a law made by the State Legislature.

Power of Council to make bye-laws.— The Council may make bye-laws not inconsistent with the provisions of this Act and the rules made thereunder or any other law, to provide for-

1. (1) the due performance by all officers and employees of the Municipalities of the duties assigned to them;
2. (2) the time and mode of collecting taxes and duties under this Act;
3. (3) determining the conditions under which lands shall be deemed to be appurtenant to buildings;
4. (4) the regulation of public bathing, washing and the like;
5. (5) the maintenance and protection of the water supply and drainage system entrusted to a Municipality;
6. (6) the maintenance and protection of the lighting system;
7. (7) the cleansing of latrine, earth closets, ash-pits and cess pools and the keeping of latrines supplied with sufficient water for flushing;
8. (8) the laying out of streets, and determing the information and plans to be submitted with applications for permission to lay out street; and regulating the level and the width of public streets and the height of buildings abutting thereon;
9. (9) the regulation of the use of public streets, and the closing thereof or parts thereof;
10. (10) the protection of avenues, trees, grass and other appurtenances of public streets and other places;
11. (11) for the regulation of use of parks, gardens and other public places;
12. (12) the regulation of building and licensing of builders and surveyors;
13. (13) regulation of hotels, lodging houses, boarding houses, choultries, rest houses, restaurants, eating houses, cafes, refreshment rooms, coffee houses, and any premises to which the public are admitted for repose or for consumption of food or drink;
14. (14) regulating the mode of constructing stables, cattle sheds and cow houses and connecting them with municipal drains;
15. (15) the sanitary control and supervision of places used for any purposes specified in the sixth schedule, the seventh schedule and the eighth schedule and of any trade or manufacture carried on therein;
16. (16) the control and supervision of the methods of slaughtering, slaughterhouses and of places used for skinning and cutting up carcasses;
17. (17) the control and supervision of butchers carrying on business in the municipal area;
18. (18) the inspection of milch cattle and the regulation of the ventilation, lighting, cleaning, drainage and water supply of dairies and cattle sheds in the occupation of persons following the trade of dairyman or milk seller;
19. (19) enforcing the cleanliness of milk shops and vessels and utensil used by the keepers thereof or by hawkers for containing or measuring milk or preparing any milk product and for enforcing the cleanliness of persons employed in the milk trade;
20. (20) requiring notice to be given where any milch animal is affected with any contageous disease and prescribing the precautions to be taken in order to protect milch cattle and milk against infection and contamination;
21. (21) for the inspection of public and private markets and shops and other places therein and the regulation of their use and control of their sanitary condition;
22. (22) licensing and controlling brokers, commission agents, weighmen and measures practising their calling in markets;
23. (23) prescribing the method of sale of articles whether by measure, weight, tale or piece;
24. (24) the prevention of the sale or exposure for sale of unwholesome meat, fish or provisions and securing the efficient inspection and sanitary regulation of shops in which articles intended for human food are kept or sold;
25. (25) the regulation of burial and burning grounds and other place for the disposal of corpses, the levy of fees for the use of such burial and burning grounds and crematoria as are maintained by the Municipality, the verification of deaths and the causes of death, the period for which corpses must be kept for inspection and for the period within which corpses must be conveyed to a burial or burning ground and the mode of conveyance of corpses through public places;
26. (26) the registration of births, deaths and marriages;
27. (27) the training and licensing of dhais and midwives;
28. (28) the enumeration of the inhabitants of the Municipalities;
29. (29) the prevention of dangerous diseases of men or animals;
30. (30) the enforcement of compulsory vaccination;
31. (31) the prevention of outbreaks of fire,
32. (32) the prohibition and regulation of advertisements in public streets or parks;
33. (33) securing cleanliness, safety and order and the good governance and well-being of the inhabitants of the Municipality and for carrying out all the purposes of this Act; and
34. (34) all matters in respect of which bye-laws are to be; or may be, made.

Power to give retrospective effect to certain bye-laws.— The Council may, with the previous sanction of the Government, and subject to the provisions hereinafter contained in this Chapter make bye-laws with retrospective effect.

POWER OF THE COUNCIL TO MAKE REGULATIONS.— The Council may make regulations not inconsistent with the provisions of this Act and the rules made thereunder on any matter and in respect of which regulations are to be, or may be, made under this Act.

PENALTY FOR BREACH OF BYE-LAWS AND REGULATIONS.— In making a bye-law or a regulation, the Council may provide that a breach thereof shall be punishable-

1. (a) with fine which may extend to five hundred rupees and in the case of a continuing breach with fine which may extend to fifty rupees for every day during which the breach continues after conviction for the first breach; or
2. (b) with fine which may extend to fifty rupees for every day during which the breach continues after receipt of notice from the Secretary to discontinue such breach.

PREVIOUS PUBLICATION OF BYE-LAWS OR REGULATIONS.— Every Council shall, before making or altering any bye-law or regulation, publish a draft of the proposed bye-laws or regulation together with a notice specifying a date on or after which such draft will be taken into consideration, and shall, before making or altering the bye-laws or the regulations, receive and consider any objection or suggestion which may be made in respect of such draft by any person interested therein before the date so specified.

Confirmation of bye-laws or regulations.—

1. (1) No bye-law or regulation or any cancellation or alteration thereof shall have effect until the same is approved and confirmed by the Government.
2. (2) A bye-law or regulation or cancellation or alteration thereof approved and confirmed under sub-section (1) shall be published in the Gazette and shall come into operation on the date of such publications unless a different date is provided therein.

Cancellation of Bye-laws or Regulations.— The Government, may for the reasons to be specified in the order in this behalf, cancel any Bye-law or Regulation and thereafter such Bye-law or Regulation shall be of no effect:

Copies of Act, rules, bye-laws and regulations to be sold at the office of the Municipality Copies of Act, rules, bye-laws and regulations to be sold at the office of the Municipality.—