Chapter IX RULES AND BYE-LAW S

1. (1) The State government may make rules for the purpose of carrying out the provisions of this Act.
2. (2) Without prejudice to the generality of the foregoing powers such rule may-
   • (i) determine the mode and time of election of Commissioners, the qualifications and disqualifica

Power to make bye-laws-The Board may, from time to time, at a meeting which shall have been convened expressly for the purpose, and of which due notice shall have been given, frame such bye-laws, as they deem fit, not being inconsistent with this Act, or with any other general or special la, for-

1. (i) regulating and preventing obstructions and encroachments and nuisance on or near public roads, or on or near pontoons, bridges, ghats, landing places, river banks or other places of public resort or on place near water works for the supply of drinking water;
2. (ii) prescribing a minimum width of wheel tyres or a minimum diameter and the maximum wheel tracks of wheels for different classes of carts and carriages kept or used within the municipality;
3. (iii) prescribing the manner in which notice of the intention to erect, re-erect or materially after a building shall be given to the Board;
4. (iv) requiring that with every such notice shall be furnished a site plan of the land I=on which it is intended toerect, re-erect or materially after such building and a plan and specification, and in the case erection or re-erection of a building, an estimate also of the cost of construction (excluding cost of land and its improvement) of the building all such characters and with such details as the bye-law, may require in respect of all or any of the matter following, viz-

1. (a) free passage or way in front of the building;
2. (b) space to be left about the building to secure free circulation of air and facilitate scavenging and for the prevention of fire;
3. (c) provision and position of latrines, urinals, cess-pools or drains;
4. (d) level and width of foundation, level of lowest floor, and the stability of the structure; and
5. (e) the line of frontage with neighbouring buildings, if the building abuts on a public road;
   • (v) regulating in respect of the erection, re-erection material alterations of any building, within the municipality or part thereof-
6. (a) the materials and method of construction to be used for external and partition walls, roofs and floors;
7. (b) the materials and method of construction and position of fire-places, chimneys, latrines, urinals, cess-pools and drains;
8. (c) the height and slope for the roof above the uppermost floor upon which human beings areto live or cooking operations are to be carried on;
9. (d) the space to be left about the building to secure the free circulation of air and for the prevention of fire;
10. (e) the line of frontage, where the building abuts on a public road;
11. (f) the number and height of the storeys of which the building may consist;
12. (g) the means to be provided for access from the building in case of fire; and
13. (h) any other matter affecting the ventilation or sanitation of the buildings;
    • (vi) preventing the erection of building without adequate provisions being made for the laying out and location of roads;
    • (vii) regulating the level, means of drainage, alignment and width of roads constructed by private persons;
    • (viii) fixing and from time to time varying the number of person; who may occupy a building or part of a building, which is let in lodgings or which is situated within such congested areas as may be specified in the bye-law; or occupied by members of more than one family; and providing-
14. (a) for the registration and inspection of such buildings;
15. (b) for promoting cleanliness and ventilation in such buildings;
16. (c) for notice to be given and precautions to be taken in the case of any infections or contagious disease breaking out in such buildings;
17. (d) in the case of hotel, serai and lodging house-keepers and secretaries of residential clubs, for the maintenance of registers in such form as the Board may prescribe of visitors and lodgers; and;
18. (e) generally for the proper regulation of such buildings;
    • (ix) regulating the use of, and the prevention of nuisance in regard to public water-supply, bathing and washing places, streams, channels, tanks and wells;
    • (x) regulating either by rendering licenses necessary or otherwise, the washing of clothes by professional washermen, and fixing the places in which clothes may be so washed or in which they may not be washed;
    • (xi) prescribing the measures to be taken for the prevention of the breeding of mosquitoes in wells, tanks, pools, excavations, cisterns or other places orvessels containing or capable of containing water;
    • (xii) regulating the cutting of trees and bamboos within the municipality;
    • (xiii) defining the duties of persons employed in the removal of sewage within the municipality and required to take out license under Section 213;
    • (xiv) regulating the disposal of sewage, offensive matter, carcasses of animals and rubbish, and the construction and maintenance of latrines, urinals, cesspools, drains and sewers;
    • (xv) providing for the inspection and regulation ofmarkets and for the preparation and exhibition of a price list thereat;
    • (xvi) regulating the hours and manner of transport\within the municipality of any specified articles of food or drink;
    • (xvii) fixing the places in which any specified article of food or drink may be sold or exposed for sale or the places in which it may not be sold of exposed for sale; (xviii) regulating either by rendering licenses necessary or otherwise the import into the municipality for sale, of milk and butter;
    • (xix) regulating, either by rendering licenses ,~necessary or otherwise, or prohibiting for the purpose of preventing danger to the public health, the stalling or herding of horses, cattle, swine, donkeys, sheep or goats, geese, ducks and fowls;
    • (xx) providing for theinspection of milch cattle, and prescribing the measures to be taken on the occurrence amongst them of infectious or contagious diseases; 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 the trade or

dairymen or milk sellers;

1. (xxi) providing for the inspection and proper regulation of encamping grounds, pound, serais, bakeries and aerated water factories, ice factories, flour mills, oil mills, sweetmeat shops, factories, and other places in which mechanical or electrical power is employed, and slaughter houses;
2. (xxii) preventing nuisance affecting the public health, safety, or conveniences In places of public resort for purposes of recreation or amusement; (xxiii) preventing nuisances affecting the public health, safety or conveniences;
3. (xxiv) providing for the guidance, discipline and conduct of the members of a volunteer fire- brigade recognized by the Board. ,
4. (xxv) controlling and regulating the use and management of burial and burning ground and the disposal of corpses;
5. (xxvi) providing for inspection of weights and measures ,used in markets within the municipality;

(xxvii) providing for the holding of fairs and industrial exhibitions within the municipality

or under the control of the Board and for fixing and collecting the fees to be levied thereat; (xxviii) fixing the conditions on which licenses under this Act are to be granted and may be suspended orrevoked;

1. (xxix) preventing and removing and encroachments on any municipal lands including markets, drains, roads, etc,; and (xxxgiving effect to the objects of this Act, and may by such bye-laws impose on offenders against the same such reasonable penalties as they think fit, not exceeding the sum of fifty rupees for such offence, and, in case of a continuing offence, a further penalty not

exceeding twenty rupees for each day after ,written notice of the offence from the Board :

Provided that no personshall be punishable for breach of any bye-law made under clause

1. (xvii) of this section by reason of exposure for sale of any article in any premises which are at the time of the making of such bye-law used for such purpose until he has received from the Board six months' notice in writing to discontinue such exposure for sale in such premise.

Additional powers to make bye-laws in hill municipalities-

1. (1) The Commissioners of a municipality wholly or in part situated in a hilly terrace, may at meeting in addition to such bye-laws as they may make under the preceding section, make bye-laws for regulating or prohibiting the cuttings or destroying of trees or shrubs or the making of excavations or removal of oil or quarrying where such regulation or prohibition appears to the Board to be necessary for any or all the following purposes-
   • (a) the maintenance of a water-supply;
   • (b) the preservation of the soil;
   • (c) the prevention of landslips;
   • (d) the formation of ravines or torrents;
   • (e) the projection of land against erosion or the deposit thereon of sand, gravel or stone;
   • (f) the protection of the beauty or general appearance of the municipality.
2. (2) The Board may, by any bye-law made under this section, declare that any person committing a breach or any such bye-laws, or failing to comply with any notice issued there under, shall be liable to a fine which may extend to fifty rupees and to a further fine which may extend to twenty rupees for each day after conviction during which the offence is continued.

Conformation of bye-laws-

1. (1) The power to make bye-law under this Act shall be subject to the condition of previous publication.
2. (2) No such bye-law shall come into force until it has been confirmed by the State Government.
3. (3) The State Government may cancel their confirmation of any such bye-law and thereupon the bye-law shall cease to have effect.

Publication of bye-laws-Every bye-law shall, after confirmation, be published in the prescribed manner.

Power to make rules as to business and affairs-

1. (1) The Board at a meeting specially convened for the purpose may by subsidiary rules consistent with this Act and with any rules made there under by the State Government provide for-
   • (a) the time and place of their meeting and of the meetings of committees the business to be transacted at such meetings and the manner in which notice of such meetings shall be given;
   • (b) the conduct of proceeding as at such meetings, the method of voting the due record of all dissent and discussions, and the adjournment of such meetings;
   • (c) the custody of the common seal and the purposes for which it shall be used;
   • (d) the division of duties among the Commissioners of the Municipal Board, and the powers to be exercised by committees or Commissioners to whom particular duties are assigned;
   • (e) the persons by whom receipt shall be granted for money received under this Act;
   • (f) the duties, appointment, leave, fining, suspension and removal of municipal officers and servants;
   • (g) the appointment or election of the Chairman or Vice-Chairman of committees and the delegation of powers by the Board to committees;
   • (h) regulation of the expenditure of money for purpose provided for in the budget estimates;
     • (i) the nature and amount of security to be furnished different classes of officers or servants of the Board for the proper discharge of their duties; and
   • (j) other similar matter and may, by such rules annul, alter or add to all or any of the rules in the second Schedule.
2. (3) Rules made under this section consistent with the Act shall be subject to the sanction of the State Government and shall, if sanctioned be published in such manner as the State Government may direct and shall have the force of law.
3. (4) The rules in the Second Schedule shall have effect as if enacted in the body of this Act until annulled or altered by rules made under sub-section (1).

How notice, etc., may be served-

1. (1) Every notice, bill, form, summons or notice: of demand under this Act may be served personally on or presented to the persons to whom the same is addressed; or he left at his usual place of abode with some adult male member or servant of his family; or if, it cannot be so served, presented or delivered, may be put on some conspicuous part of his place of above, or of the land, building or other thing in respect of which the notice, bill, form, summons or notice of demand is intended to be served or may be sent by post in a registered cover.
2. (2) Everysuch notice, bill, form, summons or notice of demand shall be signed by or bear a facsimile signature of the Chairman, Vice-Chairman or any other officer authorized by the Chairman in that behalf.

Reasonable time for compliance to be fixed-When anynotice under this Act requires any act to be done for which no time is fixed by this Act, the Board shall fix a reasonable time for doing the same.

Service of notice on owner or occupier of land-When any notice is required to be given to the owneror to the occupier or the owner and the occupier of any land, such notice addressed to the Owner or occupier of both, as the case may require, may be served on the occupier of such land, or otherwise in the manner mentioned in Section 307. Provided thatwhen the owner and his place of abode are known to the Board or other authorities issuing the notice they shall, if such place of abode be within the limits of their' authority, cause such notice required to be given to the owner of any land to be servedon such owner, or left with some adult male member or servant of his family; and if the place of abode of the owner be not within such limits, they shall send every such notice by post in a registered cover addressed to his place of abode, and such serviceshall be deemed to be good service of the notice: Provided further that when the name of the owner or occupier or both is not known it shall be sufficient to designate him or them as the owners or the occupier of the land in respect of which the notice is served.

Procedure when owners or occupiers are required by Board to execute works-Wherever it is provided in this Act that the Board, or the Board at a meeting may require the owners or the occupiers or, the owners andoccupiers, of any land to execute any work or to do anything such requisition shall be made as far as possible, by a notice to be served as provided in Sections 307 and 309 on every owner or occupier who is required to execute such work or to do such thing; but if there by any doubts as to the persons who are owners or occupiers, such requisition may be made by a notice to be posted up On or near the spot at which the work is required to be executed or the thing done, requiring the owner or the occupiers of any land to execute such work or to do such thing within a specified time, and in such notice it shall not be necessary to name the owners or occupiers. Every such requisition as aforesaid shall give notice to the persons to whom it is addressed that, if they fail to comply with the requisition or to prefer and objection against such requisition as provided in the next succeeding section the Board will enter upon the land and cause the required work to be executed or the required thing to be done; and that in such case the expenses incurred thereby will be recovered from the persons who are required in such requisition to execute such work or do such thing.

Any person who is required by a requisition as aforesaid to execute any work or do anything may, instead of executing the work or doing the thing required prefer an objection in writing to the Board against such requisition within five days of the service of the notice of posting up of the notification containing the requisition or if the time within which he is required to comply with the requisition be less than five days, then within such less time.

Procedure if person objecting alleges that work will cost more than three hundred rupees If the objection shall allege that the cost of executing the work or of doing the thing required will exceed three hundred rupees such objection shall be heard and disposed of by the Board at a meeting, unless the Chairman or Vice-Chairman shall certify that such cost will not exceed three hundred rupees in which case the objection shall be heard and disposed of by the Chairman and vice-Chairman. Provided that in any case in which the Chairman or vice-chairman shall have certified his opinion as aforesaid, and the objection shall in consequence thereof have been heard and disposed of by the Chairman and Vice-Chairman, the person making the objection may, if the requisition made upon him is not withdrawn on the hearing of his objection, pay in the said sum of three hundred rupees to the Board as the cost of executing the work or doing the thing required; whereupon such person shall be relieved of all further liability and obligation, in respect of executing the work or doing the thing required and in respect of paying the expenses thereof and the Board itself shall execute such work or do such thing and shall exercise all powers necessary thereof.

The chairman or Vice-Chairman, or the Board at a meeting as the case may be, shall, after hearing the objection and making any inquiry which they may deem necessary, record an order withdrawing, modifying, or making absolute the requisition against which the objection is preferred; and if such order does not withdrawn the requisition it shall specify the time within which the requisition shall be carried out, which shall not be less than the shortest time which might have been mentioned under this Act in the original requisition.

if the person making such objection be present at the office of the Board, the said order shall be explained to him orally, and such order cannot be so explained, notice of such order shall be served as provided in Section 307 on the person making the objection; and such explanation of, or service of, the notice of the said order shall be deemed a requisition duly made under this Act to execute the work or do the thing required.

If the person or persons required to execute the, work or to do the thing fail, within the time specified in any requisition as aforesaid, to begin to execute such work or to such thing, and thereafter diligently to execute the same to the satisfaction of the Board until it is completed, the Board or any person authorized by in that behalf, may after giving forty-eight hours notice of its intention by a notification to be posted upon or near the spot, enter upon the land and perform all necessary acts for the execution of the work or doing of the thing required, and the expenses thereby incurred shall be paid by the owners or by the occupiers if such requisition was addressed to the owners or to the occupiers respectively, and by the owners and the occupiers if such requisition was addressed to the owners and the occupiers.

1. (1) Whenever any expenses incurred by the Board are to be paid by the owners of any land as provided in the preceding section, the board may, if there be more than one owner, apportion the said expenses among such of the owners as are known in such manner as to the Board may seem fit.
2. (2) Whenever any such expenses are to be paid by the occupiers of any land as provided in the preceding section the Board may, if there be more than one occupier, apportion the said expenses among such of the occupiers as are known in such manner as to the Board may seem fit.

Whenever any expenses incurred by the Board are to be paid by the owners and occupiers of any land, as provided in Section 315, the Board may apportion the said expenses among the said owners and occupiers or such of them are known in such manner as to the Board may seem fit.

Whenever any works or alterations and improvements, of which the Board is authorized by the Act to require the execution, are executed by the occupier on the requisition of the Board or are executed by the Board and the cost thereof is recovered from the occupier the cost thereof may, if the Board certify that such cost ought to be borne by the owner, be deducted by such occupier from the next and following payments of his rent due or becoming due to such owner, or may be recovered by him in any Court of competent jurisdiction.

In the Board, under the provisions of this Act shall have caused any repairs to be made to any house or other structure, and if such house or other structure be unoccupied, the Board may enter upon possession of the same, and may retain possession until the sum expended by it on the repairs be paid to it,

The materials of anything which shall have been pulled down or removed under the provisions of Section 310 may be sold by the Board, and the proceeds of such sale may be applied, so far as the same will extend, to the payment of the expenses incurred. The surplus sale proceeds, any shall be credited to the municipal fund and may be paid on demand to any person who establishes his right to the satisfaction of the Board or in a Court of competent jurisdiction.

1. (1) Any person aggrieved-
   • (a) by the refusal of the Board under Section 174 to sanction, the erection, re-erection or material alteration of any building, or
   • (b) by a notice from the Board under Section 155 requiring a road to be drained, levelled, paved, flagged, metalled or provided with proper means of lighting, or under Section, 177 requiring the alteration or demolition of a building, or
   • (c) by any order made by the Board under bye-law made under Section 302, clause (vi), or
   • (d) by any order made by the Board under the powers conferred upon it by Section 181 or 255, may appeal within thirty days from the date of such refusal, notice or order to the Board and every such appeal shall be heard and determined by not less than three members of the Board who shall be appointed in that behalf by the Board at a meeting, and no such refusal, notice or order shall be liable to be called in question otherwise than by such an appeal.
2. (2) The appellate authority may, for sufficient cause extend the period allowed by sub-Section (1) of this section for appeal.
3. (3) The order of the appellate authority confirming, setting aside or modifying the prohibition, notice or order appealed from, shall be final:

Appeals from orders refusing licenses Any person aggrieved by an order refusing a license or permission required under this Act, may, not withstanding anything contained elsewhere in this Act within thirty days from the date of refusal, appeal to the State Government or an officer authorized by the State Government in that behalf whose decision shall be final and shall not be questioned in any Court.

The Board may direct any prosecution for any public nuisance under the Indian Penal Code (XLV of 1860), and may order proceedings to be taken for the recovery of any penalties under this Act or rules or bye-laws made thereunder and for the punishment of any person offending against the same may order the expense of such prosecution or other proceedings to be paid out of the municipal fund.

No prosecution for an offence under this Act or any rule or bye-law made in pursuance thereof shall be instituted without the order or consent of the Board, and no such prosecution shall be instituted except within three months next after the commission of such offence, unless the offence is continuous in its nature, in which case a prosecution may be instituted within six months of date on which the commission or existence of the offence was first brought to the notice of Chairman of the Board:

Police Officer to report offences and arrest persons refusing to give name and residence

1. (1) All police officers shall give immediate information to the Board of the municipality of any offence committed against this Act or any rule or bye-law made in pursuant thereof. When any person, in the presence of the police officer, commits or is accused of committing any such offence, and refuses on demand of a police officer, to give his name and residence, or gives a name or residence which such officer has reason to believe to be false, he may be arrested by such officer in order that his name or residence may be ascertained and he shall within twenty-four hours from the arrest, be forwarded to the nearest Magistrate, unless before the expiration of that time his true name and residence are ascertained, in which case he shall be released on his executing a bond for his appearance before a Magistrate, if so required.
2. (2) Any servant of the Board in receipt of a salary of not less than thirty rupees per mensem, when empowered in that behalf, on the recommendation of the Board, by a general or special order of the District Magistrate, may exercise the powers of a police officer under this section.

1. (1) No suit or other legal proceeding shall be brought against any Board, or any of its officers, or any person acting under its direction for anything done under this Act or any rule or bye-law made there-under, until the expiration of one month next after notice in writing has been delivered or left at the office of such Board and also (if the suit is intended to be brought against any officer of the said Board or any person acting under its direction) at the place of abode of the person against whom such suit or proceeding is threatened to be brought stating the cause of suit or proceeding the nature of the relief sought, the amount of compensation claimed and the name and place of abode of the person who intends to bring the suit; and unless such notice be proved, the Court shall find for the defendant.
2. (2) Every such action shall be commenced within three months next after the accrual of the cause of action, and not afterwards.
3. (3) If the Board or its officers or any person to whom any such notice is given, shall, before the suit is brought tender sufficient amends to the plaintiff, such plaintiff shall not recover.

Liability to pay expenses of fees may be contested in Civil Court-Any owner or occupier land may contest his liability to pay any expenses or fee under this Chapter or under Chapter VI and VII or may contest the amount which he has been upon to pay in a Civil Court of competent jurisdiction:

Dispute as to compensation payable by Board Dispute as to compensation payable by Board-

1. (1) Should a dispute arise the amount of compensation with the Board is required by this Act to pay, it shall be settled in such manner as the parties may agree, or, in default of agreement, by the Deputy Commissioner or any officer authorized by him in that behalf upon application made to him by the Board or the person claiming compensation.
2. (2) Any decision of the Deputy Commissioner or the officer as aforesaid awarding compensation shall be subject to a right of the applicant for compensation to require a reference to the District Judge in accordance with the procedure set forth in Section 18 of the Land Acquisition Act, 1984 (I of 1984)
3. (3) In cases in which compensation is claimed in respect of land the Deputy Commissioner or the officer as aforesaid and the District Judge shall, as far as may be, observe the procedure prescribed by the said Act for proceeding in respect of compensation for the acquisition of land acquired for public purposes.

Delegation of certain powers and functions of State Government-

1. (1) The powers and functions of the State Government specified in Sections 58, 65, 71 263 and 337 may be delegated by the State Government to the Commissioner of Division.
2. (2) In regard to powers or functions delegated to him under this section, the Commissioner of Division shall have the same authority as is given by this Act to the State Government and the delegation shall continue until revoked by the State Government.
3. (3) A delegation under this section may be of all or any of the powers and functions aforesaid, and may be made generally in regard to all the municipalities or it may be made particularly in regard to certain municipalities only.
4. (4) The delegation may be by official designation, and shall, in each case, be notified in the Gazette.

Survey of municipalities-The board at a meeting may order that a survey shall be made of the lands situated in the municipality and thereupon all the provisions of the Calcutta Survey Act, 1887 (I of 1887) shall, so far as may be practicable, apply and be extended to such municipality.

Every person to whom a license has been granted under this Act shall, at all reasonable times, while such license shall remain in force, if so required by the authorities which granted the license or by any person authorized by them in that behalf, produce such license to the said authorities or to the person so authorized. Whoever fails to produce his license when required to produce the same by any person authorized under this section to demand the production thereof, shall be liable to a fine not exceeding one hundred rupees.

Any Magistrate before whom any person is convicted of an offence contrary to the provisions of this Act, relating to the use of any place for a purpose for which a license is required, or of the non-observance of any of the bye-laws relating thereto made under this Act in addition to the fine which may be imposed on such person under this Act may suspend for any period not exceeding two months, any such license.

Penalty on officers, etc asking unauthorized fees If any person employed under this Act not being a public servant within the meaning of Section 21 of the Indian Penal Code (XLV of 1860) shall accept or obtain, or agree to accept or attempt to obtain, from any person for himself for any other person any gratification whatever, other than legal remuneration, as a reward for doing or for bearing to do any official act, or for showing or bearing to show, in the exercise of his official functions, favour or disfavour to any person or for rendering, or attempting to render, any service or disservice to any person within the Board or with any public servant or with any Government servant in the discharge of his official duties, he shall be punished with imprisonment either simple or rigorous, as provided in Section 53 of the Indian Penal Code (XLV of 1860) for a term which may extend to three years, or with a fine not exceeding five hundred rupees, or with both.

1. (1) the State government may, by notification, signify its intention to declare that with respect to some or all of the matters upon which a municipal fund may be expanded under Section 60, improved arrangements as required within a specified area, which nevertheless, it is not expedient to constitute as a municipality.
2. (2) A copy of the notification under sub-section (1) shall be published in such places as the State Government may, by general or special order direct.
3. (3) Should any inhabitant of the specified area aforesaid desire to object to the notification issued under sub-section (1), he may within six weeks from the date of its publication, submit his objection in writing to the State Government, through the Deputy Commissioner, and the State Government shall take, his objection into consideration.
4. (4) When six weeks from the date of publication have expired, and the State Government has considered and passed orders on such objections as may have been submitted to it, the State Government may, by notification, declare the specified area aforesaid or any portion thereof to be notified area to be termed as Small Town.

1. (1) there shall be establish for each notified area a committee for the purposes of Section 336, sub-section (1)
   • (b) and (c ), consisting of such number of members, as may be fixed by the State Government by rules who shall for the first term, be appointed and for the subsequent terms, elected except that notmore than two members shall be appointed by the State Government to represent the Scheduled Castes, Scheduled Tribes or other socially and educationally Backward Classes residing within the small town.
2. (2) A committee established under this section shallbe called a town committee.
3. (3) The State Government may appoint any person, whether a member of the town committee or not, to be its Chairman or Vice Chairman, or may authorize any town committee to elect its Chairman or Vice Chairman or both, and fix the term of office of member or Chairman or Vice Chairman of the town committee.

1. (1) The State government may-
   • (a) impose in any notified area any tax which could have been imposed therein if such area were a municipality; Explanation-The words “ any tax “ in the above clause shall be deemed to include all fees, cases, rates.
   • (b) apply or adopt to the notified area for the assessment and recovery of any tax imposed under clause (a) any of the provisions of this Act, or of any rules for the time being in force, with respect to the assessment and recovery of any tax imposed under this Act;
   • (c) arrange for dueexpenditure of the proceeds of taxes imposed under clause
   • (a) and of any other funds which may come to the hands of the town committee for the purposes of the notified area and for the preparation and maintenance of proper accounts; and in addition to orin lieu of, the exercise of any of the foregoing powers; and
   • (d) extend to any notified area the provisions of any section of this Act subject to such restriction and modification, if any, as the State Government may think fit, except the sections statedbelow which will automatically apply to the notified area: 3,4, 5, 6, 7, 9, 13, 14, 15,16, 17, 18, 19, 20, 21, 22,23,25, 26 27, 28, 29, 30, 34, (I), 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 50,51, 52, 54, 55, 56, 57, 58, 60, (1), 6
2. (2) [exceptsclauses (XI), (XII), (XIII), (XV), (XVI), (XVII), (XXV), (XXVI), 61, 62 (1), 63, 64, 65, 66, 67, 68
3. (1) (a), (b), (c), (d), (e), (f), (g), (h), (j), (k), (n), 68 (2), 68 (3), 68.A, 69, 70, 71, 72, 74, 76, 77, 78,79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102,103, 104, 105, !06, 107,108, 109, 11O, 111, 112,113, 114, 115,116, 117, 118, 119, 120, 121, 122,123, 124,125,126, 127, 128, 129, 130,131,132, 133,134 135,136 137, 138,139, 140,141, 142,143,144, 145,146, 147, 148, 149, 150, 151, 263-A and the whole of Chapters VI, VII, VIII, IX and X.
4. (2) The proceeds of any tax levied in any notified area under this section shall be expended only in same manner in which the municipal fund of such notified area might be expended if the notified area were a municipality.
5. (3) For the purposes of any section of this Act which may be expended to a notified area, or which applies to the notified area automatically, the Town Committee constituted for such all area under section 335 shall be deemed to be a Municipal Board under this Act, the notified area to be a Municipality and the member to be a Commissioner. NOTES (ASSAM AMENDMENTS) Section 336-In this section the clause (d) and sub-section (3) were substituted by Asssam Act No. 11 of 1966, published in the Assam Gazette on 10th January 1966.

When by reason of any order canceling a notification under Section 334 any notified area cases to be notified the unexpended proceeds of any taxes levied therein under section 336 shall be applied for the benefit of the inhabitant of such area in such manner as the State Government may think fit.