Chapter IX FINANCE

1[192-A. Finance Commission. – (1) The Finance Commission constituted under section 129-A of the Puducherry Village and Commune Panchayats Act, 1973, (Act No. 10 of 1973) shall also review the financial position of the municipal councils and make recommendations to the Administrator as to –

Inserted vide Act No. 11 of 1999, section 3, w.e.f 05-07-1999.

The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11,dated 17th January, 1974.

¹ Inserted by Act 4 of 1994, section 16 w.e.f. 23-4-1994.

1. (a) the principles which should govern --
   • (i) the distribution between the Union territory and the municipal councils of the net proceeds of the taxes, duties, tolls and fees leviable by the Union territory, which may be divided between them and the allocation between the municipal councils of their respective shares of such proceeds;
   • (ii) the determination of the taxes, duties, tolls and fees which may be assigned to, or appropriated by, the municipal councils; and
   • (iii) the grants-in-aid to the municipal councils from the Consolidated Fund of the Union territory of Puducherry;
2. (b) the measures needed to improve the financial position of the municipal councils; and
3. (c) any other matter referred to the Finance Commission by the Administrator in the interests of sound finance of the municipal councils.

1. (2) The Administrator shall cause every recommendation made by the Commission under this section together with an explanatory memorandum as to the action taken thereon to be laid before the Legislative Assembly of the Union territory].

1. (1) Save as otherwise provided in this Act: --
   • (a) all moneys received by or on behalf of the municipality under the provisions of this Act or of any other law for the time being in force, or under any contract;
   • (b) all proceeds of the disposal of property by, or on behalf of, the municipality;
   • (c) all rents accruing from any property of the municipality;
   • (d) all moneys raised by any tax, rate or cess, levied for the purposes of this Act;
   • (e) all fees collected and all fines levied under this Act or under any rules, regulation or bye-law made thereunder; The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11, dated 17th January, 1974.
   • (f) all moneys received by or on behalf of the municipality from the Government or any individual or association of individuals by way of grant or gift or deposit;
   • (g) all interests and profits arising from any investment of, or from any transaction in connection with any money belonging to the municipality, including loans advanced under this Act; and
   • (h) all moneys received by or on behalf of the municipality from any other source whatsoever; shall form one fund to be entitled the municipal fund (hereinafter in this Act referred to as “the municipal fund”).
2. (2) The municipal fund shall be held by the municipality in trust for the purposes of this Act.

1. (1) All moneys received by the council shall be lodged in the nearest Government treasury or, with the sanction of the Government in a bank: Provided that the municipal council may, with the sanction of the Government, invest any sums not required for immediate use either in a Government savings bank or in Government securities or in any other security which may be approved by the Government.
2. (2) All orders or cheques against the municipal fund shall be signed by the Commissioner or by some person duly authorised in this behalf by him. The treasury or bank in which the fund is lodged shall, so far as the funds to the credit of the council admit, pay all orders or cheques against the fund which are so signed.
3. (3) If the council shall have given previous authority in writing such treasury or bank may at once pay out of the municipal fund without such order or cheque any expense, which the Government have incurred on behalf of the council. The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11, dated 17th January, 1974.

No payment of any sum out of the municipal fund shall be made unless the expenditure of the same is covered by a current budget-grant and a sufficient balance of such budgetgrant is still available notwithstanding any reduction or transfer thereof which may have been made under the provisions of this Act:

Provided that this section shall not apply to payment made in the following classes of cases, namely: -

1. (a) refund of taxes and other moneys which are authorised under this Act;
2. (b) repayment of moneys belonging to contractors or other persons and held in deposit and of moneys collected or credited to the municipal fund by mistake;
3. (c) sums payable in any of the following circumstances --
   • (i) under orders of the Government on failure of the municipal council to take any action as required by that Government; or
   • (ii) under any other enactment for the time being in force; or
   • (iii) under the decree or order of a civil or criminal court passed against municipal council; or
   • (iv) under a compromise of any claim, suit or other legal proceedings; or
   • (v) on account of cost incurred in taking immediate action by the municipal council or any of the municipal authorities to avert a sudden threat of danger to the property of the municipal council or to human life;
4. (d) temporary payments for works urgently required by the Government in the public interest;
5. (e) sums payable as compensation under this Act or under any rules, regulations or bye-laws made thereunder;
6. (f) expenses incurred by the municipal council on special measures taken on the outbreak of dangerous diseases. The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11, dated 17th January, 1974.
   • • 196. Procedure when money not covered by a budget-grant is expended. --Whenever any sum is expended under clause (c), clause (e) or clause (f) of the proviso to section 195 the Commissioner shall forthwith communicate the circumstances to the municipal council which may take such action under the provisions of this Act as shall in the circumstances appear possible and expedient for covering the amount of the additional expenditure.
   • • 197. Application of money received and expenditure from fund – All moneys received by the municipal council shall be applied and disposed of in accordance with the provisions of this Act and other laws: Provided that the municipal council shall have power subject to such rules as may be prescribed to direct that the proceeds of any tax or additional tax levied under this Act shall be earmarked for the purpose of financing any specific public improvement. A separate account shall be kept of the receipt from every such tax or additional tax and the expenditure thereof.

expended.

1. (1) The purposes to which the municipal fund may be applied include all objects expressly declared obligatory or discretionary by this Act or any rules made thereunder or by any other laws or rules, and in general everything necessary for, or conducive to, the safety, health, convenience of the inhabitants or to the amenities of the municipality and everything incidental to the administration; and the fund shall be applicable thereto within and outside the municipality, subject to such rules or special orders as the Government may prescribe or issue.
2. (2) It shall be the duty of every municipal council to provide for the payment of ---
   • (i) any amount falling due on any loan contracted by it;
   • (ii) salaries and allowances, pension, and gratuities and pensioner and provident fund contributions of its officers and servants;
   • (iii) sums due under any decree or order of the court; and
   • (iv) any other expenses rendered obligatory by or under this Act or any other law.
3. (3) The municipal council, may, with the sanction of the Government, contribute any fund for the defence of India.
   • • The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11, dated 17th January, 1974.
4. (4) The municipal council, may, with the sanction of the Director also-
   • (i) contribute towards the expenses of any public exhibition, ceremony or entertainment in the municipal area;
   • (ii) contribute to any charitable fund, or to the funds of any institution for the relief of the poor or the treatment of disease or infirmity or the reception of diseased or infirm persons or the investigations of the causes of the disease; and
   • (iii) defray any other extraordinary charges.
     • • 199. Budget estimates. – (1) The municipal council shall in each year frame a budget showing the probable receipts and the expenditure which it proposes to incur during the following year and shall submit a copy of the budget to the Government before such date as may be fixed by it in that behalf.
5. (2) The budget shall contain provision adequate in the opinion of the Government for the due discharge of all liabilities in respect of loans contracted by the council and for the maintenance of a working balance; and if the budget as submitted to the Government fails to make these provisions, the Government may modify any part of the budget so as to ensure that such provisions are made.
   • • 200. Revised or supplemental budget. – If in the course of a year a municipal council finds it necessary to modify the figures shown in the budget with regard to its receipts or to the distribution of the amounts to be expended on the different services it undertakes, it may submit a supplemental or revised budget provided that no alteration shall be made without the consent of the Government in the amount allotted for the service of debt or in the working balance.
   • • 201. Reduction or transfer of budget grants. – The municipal council may, if it thinks necessary, at any time during the year -(a) reduce the amount of a budget-grant; or (b) transfer and add the amount, or a portion of the amount of one budget-grant to the amount of any other budget-grant:
   • • The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11, dated 17th January, 1974. Provided that --(i) due regard shall be had, when making any such reduction or transfer, to all the requirements of this Act;
   • (ii) the aggregate sum of the budget-grants contained in the budget estimate adopted by the council shall not be increased except by the council under section 200.
     • • 202. Re-adjustment of income and expenditure to be made by the council during the course of the year, whenever necessary. -- (1) If it shall at any time during any year appear to the council that, notwithstanding any reduction of budget grants that may have been made under section 201, the income of the municipal fund during the said year will not suffice to meet the expenditure sanctioned in the budget estimate of the said year and to leave at the close of the year such cash balance as may be prescribed, it shall be incumbent on the council either to diminish the sanctioned expenditure of the year so far as it may be possible so to do with due regard to all the requirements of this Act or to have recourse to supplementary taxation, or to adopt both of these expedients in such measure as may be necessary to secure the cash balance at the close of the year.
6. (2) Whenever the council determines to have recourse to supplementary taxation in any year, it shall do so by increasing for the unexpired portion of the year, the rate at which any tax or duty is being levied, subject to the conditions, limitations and restrictions laid down in Chapter VIII and in this Chapter.
   • • 203. Powers of the Government over budget. – The Government may direct a council to modify their estimates in keeping with the provisions of this Act or on grounds of any excessive or inadequate appropriations in any of the items in the budget. *204. Provisions as to unexpended budget-grant. – If the whole or any part of any budget-grant included in the budget estimates for a year remains unexpended at the close of that year, and the amount thereof has not been taken into account in the opening balance entered in the budget estimates of any of the next two following years the municipal council may sanction the expenditure of such budge-grant or the unexpended portion thereof during the next two following years for the completion of the purpose or object for which the budget-grant was originally made and not for any other purpose or object.

council during the course of year, whenever necessary.

1. (1) The Government shall appoint auditors of the accounts of receipts and expenditure of the municipal fund.
2. (2) Such auditors shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (Central Act 45 of 1860).
   • • 206. Powers of auditors. – (1) The auditors may --
   • (a) by summons in writing, require the production of any book, deed, contract, account, voucher, receipt or other document the perusal or examination of which they consider necessary;
   • (b) by summons in writing require any person having the custody or control of any such document or accountable for it to appear in person before them;
   • (c) require any person so appearing to make and sign a declaration with respect to such document or to answer any question or to prepare and furnish any statement relating thereto.
3. (2) The auditors shall –
   • (a) report to the council any material impropriety or irregularity which they may observe in the expenditure or in the recovery of moneys due to the council or in the municipal accounts;
   • (b) furnish to the council such information as it may require concerning the progress of their audit;
   • (c) report to the council any loss or waste of money or other property owned by or vested in the council caused by neglect or misconduct, with the names of persons, directly or indirectly, responsible for such loss or waste; and
   • (d) submit to the council a final statement of the audit and a duplicate copy thereof to the Government within a period of three months from the end of the financial year, or within such other period as the Government may notify.
     • • 207. Defect and irregularities to be rectified by the Commissioner – The Commissioner shall forthwith remedy any defects or irregularities that may be pointed out by the auditors and report the same to the council.
     • • 208. Remarks of the council on the final statement of the audit. – The council shall forward its remarks, if any, on the final statement of the audit to the Government through the Examiner of Local Fund Accounts within a period of three months from the date of the receipt of the said statement by the council.
     • • 209. Audit, surcharge and disallowance. – (1) The auditors may disallow every item contrary to law and surcharge the same on the person making, or authorising the making of, the illegal payment; and may charge against any person responsible therefor the amount of any deficiency, loss or unprofitable outlay incurred by the negligence or misconduct of that person or of any sum which ought to have been, but is not, brought into account by that person and shall, in every such case, certify the amount due from such person. Explanation. – It shall not be open to any person whose negligence or misconduct has caused or contributed to any such deficiency or loss, to contend that notwithstanding his negligence or misconduct the deficiency or loss would not have occurred but for the negligence or misconduct of some other person.
4. (2) The auditors shall state in writing the reasons for their decision in respect of every disallowance, surcharge or charge and furnish by registered post a copy thereof to the person against whom it is made.
5. (3) If the person to whom a copy of the auditor’s decision is so furnished refuses to receive it, he shall nevertheless be deemed to have been duly furnished with a copy of such decision within the meaning of sub-section (2). The period of fourteen days fixed in sections 210 and 211shall be calculated from the date of such refusal.

141

1. (1) Any person aggrieved by disallowance, surcharge or charge made may, within fourteen days after he has received or been served with the decision of the auditor, apply to the Director, who may after considering the decision of the auditor and after making such further inquiry as he considers necessary, confirm, modify or remit such disallowance, surcharge or charge. A copy of such order shall be immediately communicated to the Commissioner with intimation to the person concerned.
2. (2) In case where the order of the Director is against the person concerned, the Commissioner shall direct such person to pay to the municipality before a fixed date to be specified in the notice, the amount required to be reimbursed as per the orders of the Director referred to in sub-section (1). It the amount is not so paid, it shall be recovered in the manner prescribed under section 175 and credited to municipal fund.
3. (3) An appeal shall lie to the District court against the order of the Director made under sub-section (1). But no such appeal shall be held by such court, unless it is brought within one month from the receipt by the concerned person of the order of the Director or of the notice of the Commissioner whichever is later and the amount claimed has been deposited by him with the Commissioner, and the court after taking such evidence as it thinks necessary, may confirm, modify, or remit such amount and make such order as to costs as it thinks proper in the circumstances.
   • • 211. Recovery of amount certified to be due. – Every sum certified to be due from any person by auditors under this Act shall be paid by such person to the Commissioner within fourteen days after the intimation to him of the decision of the auditors; and such sum if not so paid, shall be recoverable in the manner prescribed under section 175.
   • • 212. Powers of the Government to waive. – Notwithstanding anything contained in the preceding sections, the Government may, at any time direct that the recovery of the whole or any part of the amount certified to be due from any person by auditors under this Act shall be waived if in their opinion such a course is necessary considering all the circumstances of the case.
   • • 213. Contributions to expenditure by other local authorities. – (1) If the expenditure incurred by the Government or by any other municipality to which this Act applies or by any other local authority in the Union territory for any purpose authorised by or under this Act is such as to benefit the inhabitants of a municipality, the municipal council may, with the sanction of the Government, make a contribution towards such expenditure.
4. (2) The Government may direct a municipal council to show cause, within a month after receipt of the order containing the direction, why any contribution described in sub-section (1) should not be made. The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11, dated 17th January, 1974.
5. (3) If the municipal council fails to show cause within the said period to the satisfaction of the Government, the Government may direct it to make such contribution as it shall name, and it shall be paid accordingly.

Notwithstanding anything contained in the Local Authorities Loans Act, 1914 (Central Act 9 of 1914) the Government shall be entitled to recover in the manner provided by sub-section (7) of section 107 or by suit any loan or advance paid to any municipal council for any purpose to which the funds of the said council may be applied under this Act.

The Government may contribute every year to the funds of any municipality by way of such grant and subject to such terms and conditions and in such manner as it deems fit for all or any of the following purposes, namely: -

1. (a) water-supply;
2. (b) drainage;
3. (c) development plan and town planning schemes under any law for the time being in force in the Union territory.
4. (d) Public health;
5. (e) Construction and maintenance of roads; and
6. (f) such other amenities or objects connected with the municipal administration as the Government may, from time to time, determine. CHAPTER – X WATER-SUPPLY, LIGHTING AND DRAINAGE Water-supply ** 216. Vesting of works in municipal councils.- (1) All public water-courses and springs and all public reservoirs, tanks, cisterns, fountains, wells, stand-pipes, and other water works existing at the commencement of this Act or after wards made, laid or erected, and whether made, laid or erected at the cost of the municipal councils or otherwise, and also any adjacent land (not being private property) appertaining thereto shall vest in the council and be subject to its control: The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11, dated 17th January, 1974. ** The section came into force on the 1st day of August, 1976 vide Extraordinary Gazette No. 342, Provided that nothing contained in this section shall apply to any work which is, or is connected with, a work or irrigation or to any adjacent land appertaining to any such work.

1. (2) The Government may, by notification, limit or define such control or may assume the administration of any public source of water-supply and public land adjacent and appertaining thereto after consulting the municipal council and giving due regard to its objections, if any.

(1) The municipal council may, with the sanction of the Government, direct the construction of such works as it deems fit outside the limits of the municipality for supplying it with water and may provide channels, tanks, reservoirs, cisterns, engines, mains, wells, fountains, standpipes, and other works as it may deem fit within the said limits for the use of the inhabitants.

1. (2) The council may cause existing works for the supply of water to be maintained and supplied with water, or it may close any such works and substitute other such works and may cause them to be maintained and supplied with water.

(1) Notwithstanding anything contained in section 216, the Government may constitute a water board for one or more municipalities or other local authorities for the construction and maintenance of water works for the supply of water to such municipalities or local authorities.

1. (2) The local authority or authorities, for which water board is constituted under sub-section (1) shall, subject to such conditions as may be prescribed, be bound to take water from such water board on and from the date of completion of the construction or of the commencement of the maintenance of a water works by such water board.

It shall not be lawful for any person, except with permission duly given and obtained, to enter upon land belonging to or vested in a municipal council along which a conduit or pipe runs, or upon any premises connected with the water-supply. The section came into force on the 1st day of August, 1976 vide Extraordinary Gazette No. 342,

(1) Without the permission of the council no building, wall or other structure shall be newly erected and no street shall be constructed over any municipal water mains.

1. (2) If any building, wall or other structure be so erected or any street be so constructed, the council may cause the same to be removed or otherwise dealt with as shall appear to it fit and the expenses thereby incurred shall be paid by the persons offending. Supply for domestic use.
   • • 221. Council to provide water for domestic use.- The municipal council, shall so far as the funds at, its disposal may admit, provide a sufficient supply of water fit for the domestic use of the inhabitants.
   • • 222. Control over house-connections.- All house connections, whether within or outside the premises to which they belong, with any water-supply mains which may have been constructed by a municipal council shall be under the control of the council, but shall be altered, repaired and kept in proper order, at the expense of the owner of the premises to which they belong or for the use of which they were constructed, and in conformity with bye-laws and regulations made by the council in this behalf.
   • • 223. Private water-supply for consumption and domestic use and powers of Commissioner to enforce provision of water supply.- (1) In municipalities in which there is a pipe supply of water, the Commissioner may, at his discretion on application by the owner or occupier of any building, arrange, in accordance with the bye-laws, to supply water thereto for domestic consumption and use: Provided that the Commissioner shall not, without the sanction of the council agree to supply water to any building assessed at an annual value of less than one hundred and twenty rupees.
2. (2) Whenever it appears to the Commissioner that any dwelling-house assessed at an annual value of not les than two hundred rupees is without a proper supply of water for domestic consumption and use and that such a supply can be furnished from a main not more than thirty meters distant from any part of such building, the Commissioner, may, by notice, require the owner to obtain such supply and to execute all such works as may be necessary for that purpose in accordance with the bye-laws and regulations. The section came into force on the 1st day of August, 1976 vide Extraordinary Gazette No. 342, dated 29th July 1976.
3. (3) The cost of making the connection and the cost or hire of meters shall be borne by the owner or applicant and shall be recoverable in the same manner as the property tax. Explanation Supply of water for domestic consumption and use shall not be deemed to include a supply –
   • (a) for any trade, manufacture or business;
   • (b) for gardens or for purposes of irrigation;
   • (c) for building purposes;
   • (d) for fountains, swimming baths or public baths within the municipality or for any ornamental or mechanical purposes;
   • (e) for animals, or for washing vehicles, where such animals or vehicles are kept for sale or hire; but shall be deemed to include a supply ---
     • (i) for flushing latrines; (ii) for all baths other than swimming baths or public baths; (iii) for the consumption and use of inmates of hotels, boarding-houses and the like and for baths used by such inmates. Private water-supply for non-domestic purposes.
       • • 224. Power of Commissioner to supply water for non-domestic purposes.- The Commissioner may, at his discretion, supply water for any purpose other than domestic consumption and use on receiving a written application specifying the purpose for which such supply is required and the quantity likely to be consumed.
       • • 225. Power of council to make bye-laws for water-supply.- (1) For all water supplied under section 223, payment shall be made on such basis, at such times, and on such conditions as may be laid down in the bye-laws made by the council, and shall be recoverable in the same manner as property tax. The section came into force on the 1st day of August, 1976 vide Extraordinary Gazette No. 342, dated 29th July 1976.
4. (2) In particular and without prejudice to the generality of the foregoing power, such bye-laws may ---
   • (a) provide for the classification of supply of water under the following categories, namely: -
     • (i) supply to residential buildings;
     • (ii) supply to residential hotels;
     • (iii) supply to shops, commercial establishments (other than Industrial undertakings), restaurants, eating-houses, theatres and places of public amusement or entertainment;
     • (iv) supply to industrial undertakings;
     • (v) supply to non-residential buildings not falling within the scope of category (ii), category (iii) or category (iv). Explanation. – In this clause, unless the context otherwise requires, the expressions “commercial establishment”, “eating-house”, “residential hotel”, “restaurant”, “shop” and “theatre” shall have the meanings assigned to them in the Puducherry Shops and Establishments Act, 1964 (9 of 1964).
   • (b) provide for the levy of different rates of charge in respect of water supplied to the different categories specified in clause (a).
   • (c) in cases of supply to all buildings lay down that the charge for water supplied shall be based on the number of taps allowed, irrespective of the quantity of water consumed.

powers of Commissioner to enforce provision of water supply.

Private water supply for non-domestic purposes

purposes.

The council may, with the sanction of the Government and shall on the direction of the Government, supply water to a local authority or other person outside the municipality on such terms, if any, as may be approved by the Government. Cutting off water-supply

The section came into force on the 1st day of August, 1976 vide Extraordinary Gazette No. 342, dated 29th July 1976.

1. (a) if the premises are unoccupied;
2. (b) if any water tax or any sum due for water for the cost of making a connection or for the cost of hire of a meter or for the cost of carrying out any work or test connected with the watersupply which is chargeable to any person by or under Act, is not paid within fifteen days after a bill for such tax or sum has been presented;
3. (c) if, after receipt of a notice from the Commissioner requiring him to refrain from so doing, the owner or occupier continues to use the water or to permit it to be used in contravention of any bye-law made under this Act;
4. (d) if the owner or occupier neglects, within a period specified in any notice issued by the Commissioner under any bye-law made under this Act, to put up a meter or to comply with any other lawful order or requisition;
5. (e) if the owner or occupier wilfully or negligently damages his meter or any pipe or tap conveying municipal water;
6. (f) if the occupier refuses to admit the Commissioner into premises which he proposes to enter for the purpose of executing any work or of placing or removing any apparatus or of making any examination or inquiry in connection with the water-supply, or prevents the Commissioner doing such work, placing or removing such apparatus or making such examination or inquiry;
7. (g) if any pipes, taps, works or fittings connected with the municipal water-supply are found on examination by the Commissioner to be out of repair to such an extent as to cause waste or contamination of water;
8. (h) if the owner or occupier causes pipes, taps, works or fittings connected with the municipal water-supply to be placed, removed, repaired or otherwise interfered with in violation of the bye-laws: Provided that in cases under clauses (e), (f), (g) and (h) the Commissioner shall not take action unless notice of not less than twenty-four hours has been given to the owner or occupier of the premises.

1. (2) The expense of cutting off the supply shall be paid by the owner or occupier of the premises.
2. (3) In cases under clause (b) of sub-section (1) as soon as any money for non- payment of which water has been cut off together with the expense of cutting off the supply, has been paid by the owner or occupier, the Commissioner shall cause water to be supplied as before on payment of the cost, if any, of reconnecting the premises with the municipal water works.
3. (4) No action taken under this section shall relieve any person from any penalties or liabilities which he may otherwise have incurred.

The municipal council not be liable to any penalty or damages for cutting off the supply of water or for not supplying water (save in the case of express stipulation in an agreement for the supply of water for other than domestic purposes) in the case of any drought, or other unavoidable cause or accident, or the necessity for relaying or repairing pipes. Lighting.

** 229. Provision for lighting public street.- (1) It shall be the duty of municipal council so far as the funds at its disposal admit, to make reasonable provision for the lighting of public streets in built-up areas and for that purpose to provide such lamps and works as it thinks necessary.

1. (2) The municipal council may also make such provision as it thinks necessary for the lighting of public streets in areas other than built-up areas. Public drainage

Public drainage

The municipal council shall, so far as the funds at the disposal may admit, provide and maintain a sufficient system of public drains.

• • The section came into force on the 1st day of August, 1976 vide Extraordinary Gazette No. 342 dated 29th July 1976. ** The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January 1974. Private drainage

1. (2) The Commissioner shall on application by the owner or occupier of any premises or the owner of a private street arrange, in accordance with the bye-laws, for the connection of the applicant’s drain with any public drain at a distance not exceeding ninety metres therefrom at the applicant’s expense.
2. (3) If there is a public drain or outfall within a distance not exceeding thirty metres of the nearest point on any premises or if within such distance a public drain or outfall is about to be provided or is in the process of construction, the Commissioner, may, by notice, direct the owner of the said premises to construct a drain leading therefrom to such drain or place of outfall and to execute all such works as may be necessary in accordance with the bye-laws and regulations at the owner’s expense.
3. (4) If any premises are in the opinion of the Commissioner without sufficient means of effectual drainage but no part thereof is situated within thirty metres of a public drain or its place of outfall, the Commissioner may, by notice, direct the owner of the said premises to construct a cess-pool or septic tank or filters of such material, dimensions and description, in such position and at such level as the Commissioner thinks necessary, and to construct a drain or drains emptying into such cess-pool, tank or filters and to execute all such works as may be necessary in accordance with the bye-laws and regulations: Provided that, --
   • (a) no requisition shall be made under this section on any person who has been exempted from payment of the property tax under sub-section (5) of section 124;
     • • The section came into force on the 1st day of August, 1976 vide Extraordinary Gazette No. 342 dated 29th July 1976.
   • (b) no person shall be required under this section to expend a sum exceeding five times the property tax on any such building, with the land assessed with it as part of the same premises, or in the case of buildings, exempted under section 124, five times the property tax which would be payable on such building with the land which would be assessed with it to the property tax if such buildings were not exempt and if any amount exceeding the said sum is expended, the excess shall be borne by the council.
     • • 232. Commissioner may close or limit the use of existing private drains.-
4. (1) Where a drain connecting any premises with a public drain or other place set apart by the municipal council for the discharge of drainage is sufficient for the effectual drainage thereof and is otherwise unobjectionable but is not in the opinion of the Commissioner adapted to the general drainage system of the municipality or of the part of the municipality in which such drain is situated, the Commissioner with the approval of the council, may --
   • (a) subject to the provisions of the sub-section (2) close, discontinue or destroy the said drain and do any work necessary for that purpose; or
   • (b) direct that such drain shall from such date as may be specified by him in this behalf be used for sullage and sewage only, or for water unpolluted with sullage or sewage only and by notice require the owner of the premises to make, at his own expense, an entirely distinct drain for water unpolluted with sullage or sewage or for sullage and sewage.
5. (2) No drain shall be closed, discontinued or destroyed by the Commissioner under clause (a) of sub-section (1) except on condition of his providing another drain as effectual for the drainage of the premises and communicating with a public drain or other place aforesaid and the expense of the construction of any drain so provided by the Commissioner and of any work done under the said clause (a) shall be paid by the council.

drains

(1) When the Commissioner is of opinion that any group or block of premises, any part of which is situated within thirty metres of a municipal drain already existing, or about to be provided or in the process of construction may be drained more economically or advantageously in combination than separately, the Commissioner may, with the previous approval of the council, cause such group or block of premises to be drained by such method as appears to the commissioner to be best suited therefor and the expenses incurred by the Commissioner in so doing shall be paid by the owners in such proportions as the council may decide.

1. (2) Not less than fifteen days before any work under this section commenced, the commissioner shall give notice to the owners of ---
   • (a) the nature of the intended work,
   • (b) the estimated expenses thereof, and
   • (c) the proportion of such expenses payable by each owner.
2. (3) The owners for the time being of the several premises constituting a group or block drained under sub-section (1) shall be the joint owners of every drain constructed, erected or fixed, or continued for the special use and benefit only of such premises and shall, in the proportion in which it is determined that they are to contribute to the expenses incurred by the commissioner under sub-section (1), be responsible for the expense of maintaining every such drain in good repair and efficient condition.

1. (2) The commissioner may remove or otherwise deal with anything placed or constructed in contravention of sub-section (1) as he shall think fit and the cost of so doing shall be recoverable from the owner thereof in the manner provided in section 175.

(1) The Commissioner may, by notice, require the owner or occupier of any building or land adjoining a public street to construct culverts or drain-coverings over the sidechannels or ditches at the entrances to the said building or land.

1. (2) All culverts or drain-coverings or pails maintained over side-channels or ditches by the owners or occupiers of adjacent buildings or land shall be of such form and size and consist of such materials and be provided with such means of ventilation as the Commissioner may, by notice, require and shall be maintained and kept free from all obstruction at the expense of the said owners or occupiers.

The owner or occupier of any building in a public street, shall, within fifteen days after receipt of notice in that behalf from the Commissioner, put up and thenceforward maintain proper troughs and pipes for catching and carrying the water from the roof and other parts of such building and for discharging such water in such manner as the Commissioner may permit. Public latrines.

**237. Provision of public latrines.- The council shall, so far as the funds at its disposal may admit, provide and maintain in proper and convenient places a sufficient number of public latrines and shall cause the same to be daily cleansed and kept in proper order.

Private latrines.

** 238. Provision of flush-out or other latrines by owner or occupier.- (1) The Commissioner may, by notice, require the owner or occupier of any building within the time specified in such notice to provide a flush-out or other latrine or alter or remove from an unsuitable to a more suitable place any existing flush-out or other latrine in accordance with the directions contained in such notice for the use of the persons employed in or about or occupying such building and to keep it clean and in proper order.

The section came into force on the 1st day of August, 1976 vide Extraordinary Gazette No. 342, dated 29th July 1976.

** The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11, dated 17th January 1974.

1. (2) Every owner or occupier of the ground on which any group of six or more huts stand shall provide flush-out or other latrines of such description and number and in such position as the Commissioner may, by notice, require within such time as may be fixed in the notice for the use of the inhabitants of such huts.
   • • 239. Provision of flush-out or other latrines for labourers.- Every person employing workmen, labourers or other persons exceeding ten in number shall provide and maintain for the separate use of person of each sex so employed flushout or other latrines of such description and number and in such position as the Commissioner may by notice require, within such time as may be fixed in the notice.
   • • 240. Provision of flush-out or other latrines for markets, cart-stands, cattle- sheds, choultry, etc.- The Commissioner may, by notice, require the owner or manager of a market, cart-stand, cattle-shed, choultry, theatre, railway station, dockwharf, or other place of public resort within the time specified in such notice to provide and maintain for the separate use of persons of each sex flush-out or other latrines of such description and number and in such position as may be specified in such notice.
   • • 241. Flush-out or other latrines to be screened from view and kept clean.- All flush-out or other latrines shall be so constructed as to screen persons using the same and the filth from the view of persons passing by or residing in the neighbourhood and shall be kept clean and in proper order. General powers
   • • 242. Power to carry wire, pipes, drains etc., through private property subject to causing as little inconvenience as possible and paying for direct damage. – The Commissioner may carry any cable, wire, pipe, drain or channel of any kind to establish or maintain any system of drainage, or lighting, through, across, under, or over any road, street or place laid out for a road or street, and after giving reasonable notice to the owner or occupier, through, across, under, over or up the side of, any land or building in the municipality, and may place and maintain posts, poles, The section came into force on the 1st day of August, 1976 vide Extraordinary Gazette No. 342 dated 29th July 1976. standards, brackets, or other contrivances to support wires and lights on any pole or post in the municipality not vested in the Government and may do all acts necessary or expedient for repairing or maintaining any such cable, wire, pipe, drain, channel, post, pole, standard, bracket or other similar contrivance in an effective state for the purpose for which it is intended to be used or for removing the same: Provided that such works shall be done so as to cause the least practicable nuisance or inconvenience to any person:

Private Latrines.

cattle-sheds, choultry, etc.,

General Powers.

subject to causing as little inconvenience as possible and paying for direct damage.

Prohibition against making connection with mains without permission.(1) No person shall, without the previous permission of the Commissioner, make any connection with any municipal cable, wire, pipe, drain or channel or with the house connection of any other person.

1. (2) The Commissioner may, by notice, require any connection made in contravention of sub-section (1) to be demolished, removed, closed, altered or remade.

1. (1) The municipal council shall not undertake new works beyond the limits of the municipality without the sanction of the Government.
2. (2) The council may, in the execution and for the purpose of any works beyond the limits of municipality sanctioned by the Government, whether before or after the commencement of this Act, exercise all the powers which it may exercise within the municipality throughout the line of the territory through which conduits, channels pipes, lines of posts and wires and the like run, and with the sanction of the Government, --
   • (a) over any lake, tank or reservoir, from which a supply of water for drinking, for producing electric energy or for other purposes is derived, and over all lands within two kilometers of the high water level of any such lake, tank or reservoir.
   • (b) over any water-courses from which a supply of water for drinking, for producing electric energy or for other purposes is derived, within two kilometers above and one kilometre below any point at which water is taken for such use, and
   • (c) over any lands used for sewage farms, sewage disposal tanks, filters and other works connected with the drainage of the municipality. CHAPTER - XI SCAVENGING
     • • 245. Municipality to arrange for the removal of rubbish and filth.- Every municipal council shall make adequate arrangements for : --
   • (a) the regular sweeping and cleaning of the streets and removal of sweeping therefrom;
   • (b) the regular cleaning of latrines and cess-pools in private premises and the daily removal of filth and the carcasses of animals, from such premises; and
   • (c) the daily removal of rubbish from dust bins and private premises; and with this object, it shall provide: --
     • (i) depots for the deposit of filth, rubbish and the carcasses of animals;
     • (ii) covered vehicles or vessels for the removal of filth;
     • (iii) vehicles or other suitable means for the removal of the carcasses of large animals and rubbish;
     • (iv) dustbins for the temporary deposit of rubbish.
       • • 246. Contribution from persons having control over places of pilgrimage, etc.- Where a mosque, temple, mutt or any place of religious worship or institution or any place which is used for holding fairs, festivals or for other like purposes is situated within the limits of a municipality or in the neighbourhood thereof and attracts either throughout the year or on particular occasions a large number of persons, any special arrangements necessary for public health, safety or convenience whether permanent or temporary shall be made by the municipal council, and the council may require the trustee or other person having control over such place to make such recurring or non-recurring contribution as the Government may determine to the funds of the municipal council.
       • • 247. Prohibition of improper disposal of carcasses rubbish and filth.- No person shall after due provision has been made under section 245 by the municipal council for the deposit and removal of the same, --
   • (a) deposit the carcasses of animals, rubbish or filth, in any street, or on the verandah of any building, or on any unoccupied ground, alongside any street, or on any public quay, jetty or landing-place, or on the bank of a water-course or tank; or
   • (b) deposit filth or carcasses of animals in any dustbin or in any vehicle not intended for the removal of the same; or
   • (c) deposit rubbish in any vehicle or vessel intended for the removal of filth save for the purpose of deodorising or disinfecting the filth.
     • • 248. Prohibition against keeping filth on premises too long, etc.- No owner or occupier of any premises shall keep or allow to be kept for more than twenty-four hours any filth on such premises or any building or on the roof thereof or in any outbuilding or on the roof thereof or in any out-building or any place belonging thereto, or fail to comply with any requisition of the Commissioner as to the construction, repair, paving or cleaning of any latrine on or belonging to his premises.
     • • 249. Prohibition against allowing outflow of filth.- No owner or occupier of any premises shall allow the water from any sink, drain, latrine or stable, or any other filth to flow out of such premises to any portion of a street except a drain or a cess-pool or to flow out of such premises in such a manner as to cause an avoidable nuisance by the soakage of the said water or filth into the walls or ground at the side of a drain forming a portion of a street.
     • • 250. Prohibition against 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 covering proper for preventing the escape 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.
     • • 251. Prohibition against throwing rubbish or filth into drains. – No person shall put or cause to be put any rubbish or filth into any public drain not intended for rubbish or filth or into any drain communicating with any such public drain. CHAPTER - XII STREETS Public streets
     • • 252. Maintenance and repair of streets.- (1) The municipal council shall, at the cost of the municipal fund, cause the public streets and bridges to be maintained and repaired and may from the same fund meet the cost of all improvements to the same which are necessary or expedient for the public safety or convenience.
3. (2) The council may entrust to any other local authority with the consent of such authority the maintenance of any public street or portion thereof, the cost of maintenance being provided by the council.

pilgrimage, etc.

of filth. etc.

CHAPTER – XII Streets Public streets

(a) layout and make new public streets; (b) construct bridges and sub-ways; (c) turn, divert or with the special sanction of the Government permanently close any public street or part thereof; (d) widen, open, extend or otherwise improve any public street. (2) Compensation shall be paid to the owners and occupiers of any land or buildings which are required for or affected by any such purposes.

When a public street is permanently closed under section 253, the municipal council may, with the sanction of the Government, dispose of the site or of so much thereof as is no longer required, in such manner as may be approved by the Government, provided that compensation is made to any person injured by such closing.

1. (2) In determining such compensation, allowance shall be made for any benefit accruing to the same premises or any adjacent premises belonging to the same owner from the construction or improvement of any other public street at or about the same time that the public street on account of which the compensation is paid, is closed.

(a) any land required for the purpose of opening, widening, extending, or otherwise improving any public street, or of making any new public street, and the buildings, if any, standing upon such land; and (b) any land outside the proposed street alignment, with the buildings, if any, standing thereon: Provided that, in any case in which it is decided to acquire any land under clause (b) of this sub-section, the owner of such land may retain it by paying to the municipal council an annual sum to be fixed by the council in that behalf, or a lumpsum to be fixed by the council, not being less than twenty-five times such annual sum and subject to such conditions as the council thinks fit as to the removal of the existing building, if any, the description of the new building, if any, to be erected, the period within which the new building, if any, shall be completed and any other similar matters. The section came into force on the 12th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January 1974. (2) If any sum payable in pursuance of the proviso to sub-section (1) in respect of any land be not duly paid, it shall be recoverable in the manner provided by this Act for the collection of taxes and if not so recovered, the Commissioner may enter upon the land, and sell it, with any erections standing thereon by public auction subject to the conditions, if any imposed under sub-section (1) and may deduct the said sum and the expenses of the sale from the proceeds of the sale and shall pay the balance, if any, to the defaulter. (3) Any sum paid in pursuance of the proviso to sub-section (1) or recovered under sub-section (2) in respect of any land shall be left out of account in determining the annual value of such land for the purpose of assessing it to the property tax. (4) Any land or building acquired under clause (b) of sub-section (1), may be sold, leased or otherwise disposed of after public advertisement, and any conveyance made for that purpose may comprise such conditions as the council thinks fit as to the removal of the existing building, if any, the description of the new building, if any, to be erected, the period within which the new building, if any, shall be completed and any other similar matters. (5) The council may require any person to whom any land or building is transferred under sub-section (4) to comply with any conditions comprised in the said conveyance before it places him in possession of the land or building.

(1) The council may, at any time, by notice fixed up in any street or part of a street which is not a public street, give intimation of its intention to declare the same to be a public street and unless within one month next after such notice has been so put up, the owner, or if there are more than one owner, the owners of the greater portion of such street or of such part of a street lodges or lodge objections thereto at the municipal office, the council may, by notice in writing put up in such street, or such part, declare the same to be a public street.

1. (2) If such owner or owners object to the proposal under sub-section (1), the council may, after considering such objections and with the previous sanction of the Government, declare such street to be a public street, and the owner or owners so objecting shall be entitled to compensation under section 479.
2. (3) Every such street, which becomes a public street under this section, shall vest in the council.

1. (a) prescribe for any public street a building line or a street alignment or both;
2. (b) from time to time define a fresh line in substitution for any line so defined or for any part thereof: Provided that in either case: --
   • (i) at least one month before the meeting of the council at which the matter is decided, public notice of the proposal has been given and special notice thereof has also been put up in the street or part of the street for which such line is proposed to be defined; and
   • (ii) the council considers all objections or suggestions to the said proposal made in writing and delivered at the municipal office not less than three clear days before the day of such meeting: Provided further that in respect of any public street in a municipality maintained by the Public Works Department of the Government, the council shall exercise its powers under this section in consultation with the said Department.

1. (1) No person shall construct any portion of any building within a street alignment defined under section 257.
2. (2) No person shall erect or add to any building between a street alignment and a building line defined under section 257 except with the previous permission of the Commissioner who may, when granting the permission, impose such conditions as the council may lay down for such cases.

(1) When any building or part thereof abutting on a public street is within a street alignment defined under section 257, the Commissioner may, whenever it is proposed, --

1. (a) to rebuild such building or take it down to an extent exceeding one-half thereof above the ground level, such half to be measured in cubic metres, or
2. (b) to remove, reconstruct or make any addition to any portion of such building which is within the street alignment, in any order which he issues concerning the rebuilding, alteration or repair of such building, require such building, to be set back to the street alignment.

1. (2) When any building or any part thereof within the street alignment falls down or is, whether by order of the Commissioner or otherwise, taken down, or when any private land without any building thereon lies within the street alignment, the Commissioner may forthwith take possession on behalf of the council of the portion of land within the street alignment and if necessary, clear it.
2. (3) Land acquired under this section shall be deemed a part of the public street and shall vest in the municipal council.
3. (4) When any building is set back in pursuance of any requisition made under sub-section (1), or when the Commissioner takes possession of any land under sub-section (2), the council shall make compensation to the owner for any direct damage which he may sustain thereby. Explanation. – For the purposes of this section, the expression “direct damage” with reference to land means the market value of the land taken and the depreciation, if any, in the ordinary market value of the rest of the land resulting from the area being reduced in size; but does not include damage due to the prospective loss of any particular use to which the owner may allege that he intended to put the land, although such use may be injuriously affected by the reduction of the site.

The council may, upon such terms as it thinks fit, allow any building to be set forward for the purpose of improving the line of a public street and may, by notice, require any building to be set forward in the case of reconstruction thereof or of a new construction.

The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January 1974.

Explanation. – For the purposes of this section, a wall separating any premises from a public street shall be deemed to be a building; and it shall be deemed a sufficient compliance with permission or requisition to set forward a building to the street alignment if a wall of such material and dimensions as are approved by the Commissioner is erected along the said line.

(1) The council 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.

1. (2) The width of such proposed streets shall not ordinarily be less than twelve metres, or in any area covered by huts, six metres.
2. (3) It shall be the duty of the council to lay out 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.
3. (4) When any plan has been prepared under sub-section (1), the street to which it refers shall be deemed to be a projected public street, and the provisions of section 259 shall apply to all buildings so far as they stand across the street alignment or building line of the projected street.
   • • 262. Watering of streets.- The council shall so far as it considers it requisite for the public convenience and so far as funds admit, cause the chief public streets to be watered, and for that purpose may provide such water-carts, animals and apparatus as it thinks necessary
   • • 263. Temporary closure of streets.- The Commissioner may, by order in writing temporarily, close any street to traffic for repair, or in order to carry out any work connected with drainage, or lighting or any of the purposes of this Act:

Protection of appurtenances and materials of streets.- It shall not be lawful for any person, without the permission of the Commissioner, to displace, take up, or make any alteration in the fences, posts, pavements, flags or other materials of any public streets.

When by a certificate of the municipal engineer or of the Commissioner where there is no municipal engineer it appears to the council that, having regard to the average expense of repairing roads in the neighbourhood, extraordinary expenses have been incurred by the municipal council in repairing a street by reason of the damage caused by excessive weight passing along the street, or extraordinary traffic thereon, the council may recover in the civil court having jurisdiction from any person by or in consequence of whose order such weight or traffic has been conducted the amount of such expenses as may be proved to the satisfaction of such court to have been incurred by such council, by reason of the damage arising from such weight or traffic as aforesaid: Provided that any person against whom expenses are or may be recoverable under this section may enter into an agreement with the council for the payment to it of compensation in respect of such weight or traffic and thereupon the person so paying shall not be subject to any proceedings under this section.

Private streets

(1) If the owner of any land utilizes, sells, leases or otherwise disposes of such land or any portion or portions of the same as sites for the construction of buildings, he shall, save in such cases as the site or sites may abut on an existing public or private street, lay out and make a street or streets giving access to the site or sites and connecting with an existing public or private street.

1. (2) In regard to the laying out or making of any such street or streets, the provisions of section 267 shall apply.
2. (3) If, in any case, the provisions of sub-sections (1) and (2) have not been complied with the Commissioner may, by notice, require the defaulting owner to lay out and make a street or streets, on such land, in such manner and within such time as may be specified in the notice.
3. (4) If such street or streets are not laid out and made in the manner and within the time specified in the notice, the Commissioner may lay out and make the street or streets and the expenses incurred shall be paid by the defaulting owner.
4. (5) The Commissioner may, in his discretion, issue the notice referred to in sub-section (3) or recover the expenses to in sub-section (4) to or from the owners of any building or lands abutting on the street or streets concerned, but any such owner shall be entitled to recover all reasonable expenses incurred by him or all expenses paid by him, as the case may be, from the defaulting owner referred to in sub-section (3).

(1) Any person intending to make or lay out a new private street shall send to the municipal office a written application with plans and sections showing the following particulars, namely: --

1. (a) the intended level, direction and width of the street.
2. (b) the street alignment and the building line, and
3. (c) the arrangements to be made for levelling, paving, metalling, flagging, channeling, swearing, draining, conserving and lighting the street.

1. (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 buildings abutting thereon shall apply also in the case of streets referred to in sub-section (1); and all the particulars referred to in that sub-section shall be subject to approval by the council.
2. (3) Within sixty days after the receipt of any application under sub-section (1), the council 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.
3. (4) Such sanction 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 council likely to be made, for carrying out any general scheme for the laying out of streets, or
   • (ii) if the proposed street does not conform to the provisions of this Act and 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.
4. (5) (a) No person shall make or lay out any new private street without or otherwise than in conformity with the orders of the council.
   • (b) If further information is asked for, no steps shall be taken to make or lay out 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 council has received all the information which it considers necessary to enable it to deal finally with the said application. Any application not disallowed within a period of one hundred and twenty days from the date of its receipt in the municipal office shall be deemed to have been sanctioned.
     • • 268. Application of sections 257, 258 and 269 to private streets.- The provisions of sections 257, 258 and 259 shall apply, so far as may be, to private streets, including streets to be laid out and made under section 266 or section 267.
     • • 269. Alteration or demolition of street made in breach of section 267.- (1) If any person makes or lays out any street referred to in section 267 without or otherwise than in conformity with the orders of the council, the Commissioner may, whether or not the offender be prosecuted under this Act, by notice -
   • (a) require the offender to show sufficient cause, by a written statement signed by him and sent to the Commissioner on or before such day as may be specified in the notice, why such street should not be altered to the satisfaction of the Commissioner or if such alteration be impracticable, why such street should not be demolished, or
   • (b) require the offender to appear before the Commissioner 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.
5. (2) If any person on whom such notice is served fails to show sufficient cause to the satisfaction of the Commissioner why such street should not be so altered or demolished, the Commissioner may pass an order directing the alteration or demolition of such street.

1. (2) If such work is not carried out within the time specified in the notice, the Commissioner may, if he thinks fit, execute it and the expenses incurred shall be paid by the owners in default according to the frontage of their respective buildings or lands and in such proportion as may be settled by the Commissioner.
   • • 271. Right of owners to require street to be declared public.- If any street has been levelled, paved, metalled, flagged, channelled, sewered, drained, conserved and lighted to the satisfaction of the Commissioner, such street shall, on the requisition of not less than three-fourths of the owners thereof be declared a public street by the municipal council. Encroachment in streets
   • • 272. Prohibition against obstructions in or over streets.– (1) No one shall build any wall or erect any fence or other obstruction or projection, or make any encroachment in or over any street except as hereinafter provided.
   • • 273. Prohibition and regulation of doors, ground-floor windows and bars opening outwards. –(1) No door, gate, bar or ground-floor window shall, without a licence from the Commissioner, be hung or placed so as to open outwards upon any street.
2. (2) The Commissioner 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.

Encroachment in streets.

and bars opening outwards.

1. (1) The Commissioner 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) If 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 made with the permission or licence of any municipal authority duly empowered in that behalf and that the period, if any, for which the permission or licence is valid has not expired, the municipal council shall make reasonable compensation to every person who suffers damage by the removal or alteration of the same.

(1) The council may grant a licence, subject to such conditions and restrictions, as it may think fit to the owner or occupier of any premises to put up verandahs balconies sun-shades, weather-frames and the like, to project over a street, or in street, in which the construction of arcades has been sanctioned by the council, to put up an arcade; or to construct any step or drain-covering necessary for access to the premises.

1. (2) The Commissioner may grant a licence, subject to such conditions and restrictions as he may think fit, for the temporary erection of pandas and other structures in a public place the control of which is vested in the council or in any pubic street in the municipality which is placed under the control of the Public Works Department.
2. (3) The council shall have power to lease road sides and street margins vested in it for occupation on such terms and conditions and for such period as the council may fix.
3. (4) Any proposal for the grant of a licence under sub-section (1) or of a lease under sub-section (3) shall be taken into consideration by the municipal council only at the instance of the Commissioner but neither a licence under sub-section (1) nor a lease under sub-section (3) shall be granted, if in the opinion of the Commissioner, the projection, construction or occupation is likely to be injurious to health or causes public inconvenience or otherwise materially interferes with the use of the road or street as such.
4. (5) The powers under sub-sections (1) and (3) shall be exercised by the Commissioner in the case of public streets in the municipality which are placed under the control of the Public Works Department.
5. (6) The Government may by notification, restrict and place under such control as it may think fit, the exercise by municipal councils in general or by any municipal council in particular, of the powers under sub-sections (1) and (3), and by the Commissioner of the powers under sub-sections (1), (2) and (3).
6. (7) On the expiry of any period for which a licence had been granted under this section, the Commissioner may, without notice, cause any projection or construction put up under sub-section (1) or sub-section (2) to be removed and the cost of so doing shall be recoverable in the manner provided in section 175 from the person to whom the licence was granted.

Subject to the provisions of sections 152 to 157 (both inclusive) the Commissioner may, with the sanction of the council, set up, for the exhibition of advertisements, hoardings, erections or other things in suitable places owned by, or vested in, the municipal council and may permit any person to use any such hoarding, erection or thing on payment of such fee as may be prescribed by regulations made by the council in this behalf. Explanation 1. – For the purposes of sections 155 and 156, the person who has

been permitted to use any hoarding, erection, or other thing under this section shall be deemed to be the owner or the person in occupation of such hoarding, erection or thing.

Explanation 2. – Any fee payable by any person who has been permitted to

use any hoarding, erection or other thing under this section shall be, in addition to the advertisement tax, be payable by him under section 152 on advertisement exhibited by him on such hoarding, erection or thing.

(1) The Commissioner shall, during the construction or repair of any street, drain or premises vested in the municipal council, ---

1. (a) cause the same to be fenced and guarded;
2. (b) take proper precautions against accident by shoring up and protecting the adjoining buildings; and
3. (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 in order to prevent the passage of vehicles or animals and avert danger.

1. (2) The Commissioner shall cause such street, drain or premises to be sufficiently lighted or guarded during the night while under construction or repair.
2. (3) The Commissioner shall, with all reasonable speed, complete the said work, fill in the ground, and repair the said street, drain or premises and remove the rubbish occasioned thereby.
   • • 278. Prohibition against removal of bars and lights.- No person shall, without lawful authority, remove any bar, chain, post or shoring timber or remove extinguish any light set up under section 277.
   • • 279. Prohibition against making holes and causing obstruction.- (1) No person shall make a hole or cause any obstruction in any street, unless, he previously obtains the permission of the Commissioner and complies with such conditions as that officer may impose.
3. (2) When such permission is granted, the person to whom permission has been granted shall, at his own expense, cause such hole or obstruction to be sufficiently fenced and enclosed until the hole or obstruction is filled up or removed and shall cause such hole or obstruction to be sufficiently lighted during the night.
   • • 280. Licence for work on buildings likely to cause obstruction.- If any person intends to construct or demolish any building, or to alter or repair the outward part thereof, and if any street or factory is likely to be obstructed or rendered inconvenient by reason of such work, he shall first obtain a licence from the Commissioner in that behalf and shall also ---
   • (a) cause the said building to be fenced and guarded; (b) sufficiently light it during the night; and (c) take proper precautions against accidents during such time as the public safety or convenience requires.
     • • 281. Clearing of debris of fallen houses, etc., by occupiers.- If any obstruction is caused in any street by the fall of trees, structures or fence, 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 Commissioner may by notice allow, clear the street of such obstruction. Naming of streets
     • • 282. Naming or numbering of public streets.- (1) With the previous approval of the Government or any authority or officer authorised by the Government in this behalf, the council shall give names or numbers to new public streets and may alter the name or number of any public street.
4. (2) The Commissioner shall cause to be put up or painted in English and in the regional language on a conspicuous part of some building, wall or place, at or near each end, corner or entrance the name or number of every public street.
5. (3) No person shall without lawful authority destroy, pull down, or deface any such name or number or put up any name or number different from that put up by order of the Commissioner. Numbers on buildings

Naming of streets.

Numbers on buildings.

(1) With the previous approval of the Government or any authority or officer authorised by the Government in this behalf, the Commissioner 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 and may alter any such number.

1. (2) No person shall without lawful authority destroy, pull down or deface any such number.
2. (3) When 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 Commissioner may by notice require him to replace it.

(1) No person shall ply any hand-cart or carriage to be notified by the municipal council in any public street or place except under and in accordance with a licence granted under the bye-laws made by the council in this behalf.

1. (2) The council or any other municipal officer authorised by him in this behalf may seize any hand-carts or carriages used in contravention of sub-section (1). CHAPTER – XIII BUILDING REGULATIONS General powers

(a) for the regulation or restriction of the use of sites for building, and (b) for the regulation or restriction of building. (2) Without prejudice to the generality of the power conferred by clause (a) of sub-section (1), rules made under that clause may provide – (a) that no insanitary or dangerous site shall be used for building, and (b) that no site shall be used for the construction of a building intended for public worship, if the construction of the building thereon will wound the religious feelings of any class of persons. (3) Without prejudice to the generality of the power conferred by clause (b) of sub-section (1), rules made under that clause may provide for all or any of the following matters, namely: -- (a) information and plans to be submitted together with applications for permission to build; (b) height of buildings, whether absolute or relative to the width of streets; (c) level and width of foundation, level of lowest floor, and stability of structure; (d) number and height of storeys composing a building and height of rooms; (e) provision of sufficient open space, external or internal, and adequate means of ventilation; (f) prohibition or restriction of the construction of buildings within such distance as may be specified, from the boundary of any street; (g) provision of means of egress in case of fire; (h) provision of secondary means of access for the removal of filth. (i) materials and methods of construction of external and party walls, roofs and floors; (j) position, materials and methods of construction of hearths, smoke-escapes, chimneys, stair-cases, latrines, drains and cesspools; (k) paving of yards; (l) restrictions on the use of inflammable materials in building; and (m) in the case of wells, the dimensions of the well, the manner of enclosing it, and if the well is intended for drinking purposes, the means which shall be used to prevent pollution of the water.

No piece of land shall be used as a site for the construction of a building and no building shall be constructed or reconstructed otherwise than in accordance with the provisions of this Act and of any rules or bye-laws made thereunder relating to the use of building-sites or the construction or reconstruction of buildings: Provided that the Government may in respect of all municipalities or with the consent of the municipal council in respect of any particular municipality or portion thereof, exempt all buildings or any class of buildings from all or any of the provisions of this Chapter or rules and bye-laws.

(1) The council may give public notice of its intention to declare --- (a) that in any streets or portions of streets specified in the notice -- (i) continuous building will be allowed; (ii) the elevation and construction of the frontage of all buildings thereafter constructed or reconstructed shall, in respect of their architectural features, be such as the council may consider suitable to the locality, or (b) that in any localities specified in the notice, the construction of only detached buildings will be allowed, or (c) that in any streets, portions of streets localities specified in the notice the construction of shops, warehouses, factories, huts or buildings of a specified architectural character or buildings destined for particular uses will not be allowed, without the special permission of the council. (2) No objections to any such declaration shall be received after a period of three months from the publication of such notice. (3) The council shall consider all objections received within the said period and may then confirm the declaration, and before doing so, may modify it but not so as to extend its effect. (4) The Commissioner shall publish any declaration so confirmed and it shall take effect from the date of publication. (5) No person shall, after the date of publication of such declaration, construct or reconstruct any building in contravention of any such declaration.

(1) The council may require any building intended to be erected at the corner of two streets to be rounded off or splayed off to such height and to such extent otherwise as it may determine, and may acquire such portion of the site at the corner as it may consider necessary for public convenience or amenity.

1. (2) In determining the amount of compensation to be awarded for the land acquired under sub-section (1) allowance shall be made for any benefit accruing to the same premises from the improvement of the streets.
   • • 289. Prohibition against use of inflammable materials for buildings without permission. – No external roof, verandah, pandal or wall of a building shall be constructed or reconstructed of grass, leaves, mats or other inflammable materials except with the previous permission of the Commissioner.
   • • 290. Prohibition against constructing door, ground-floor windows and bars so as to open outwards. – No door, gate, bar or ground-floor window which opens on any public street shall be constructed or reconstructed so as to open outwards except with the licence of the Commissioner under section 273. Buildings other than huts
   • • 291. Application to construct or reconstruct buildings.- (1) If any person intends to construct or reconstruct a building other than a hut, he shall send to the Commissioner --
   • (a) an application in writing for the approval of the site together with a site plan of the land, and
   • (b) an application in writing for permission to execute the work together with a ground plan, elevations and sections of the buildings, and a specification of the work. Explanation. --- In this sub-section “building” shall include a wall or fence of whatever height bounding or abutting on any public street.
2. (2) Every document furnished under sub-section (1) shall contain the particulars and be prepared in the manner required by the rules or bye-laws.
   • • 292. Necessity for previous approval of site.- The Commissioner shall not grant permission to construct or reconstruct a building unless and until he has approved of the site on an application made under section 291.
   • • 293. Prohibition against commencement of work without permission.- The construction or reconstruction of a building shall not be begun unless and until the Commissioner has granted permission for the execution of the work.
   • • 294. Period within which Commissioner is to signify approval or disapproval.- Within thirty days after the receipt of any application made under section 291 for approval of a site or of any information or further information required by the rules or bye-laws, the Commissioner shall, by order in writing, either approve the site or refuse on one or more of the grounds mentioned in section 297 to approve the site.
   • • 295. Period within which Commissioner is to grant or refuse to grant permission to execute work.- Within thirty days after the receipt of any application made under section 291 for permission to execute any work or of any information or of documents or further information or documents required by the rules or bye-laws, the Commissioner shall, by order in writing, either grant such permission or refuse on one or more of the grounds mentioned in section 297 to grant it:

without permission.

and bars so as to open out-wards.

Buildings other than huts

disapproval.

permission to execute work.

Reference to council if Commissioner delays grant or refusal of approval or permission.- (1) If within the period prescribed by section 294 or section 295, as the case may be, the Commissioner has neither given nor refused his approval of a building site, or his permission to execute any work, as the case may be, the council shall be bound, on the written request of the applicant, to determine by order in writing whether such approval or permission should be given or not.

1. (2) If the council does not, within one month from the receipt of such written request determine whether such approval or permission should be given or not, such approval or permission shall be deemed to have been given and the applicant may proceed to execute the work, but not so as to contravene any of the provisions of this Act or any rules or bye-laws made thereunder.

The section came into force on the 12th day of September, 1974 vide Extraordinary Gazette No. 122 dated 12th September 1974.

1. (a) that the work, or use of the site for the work or any of the particulars comprised in the site plan, ground plan, elevations, sections or specification would contravene some specified provision of any law or some specified rule, bye-law, order or declaration made thereunder;
2. (b) that the application for such permission does not contain the particulars or is not prepared in the manner required by the rules or bye-laws;
3. (c) that any of the documents referred to in section 291 have not been signed as required by the rules or bye-laws;
4. (d) that any information or documents required by the Commissioner under the rules or bye-laws has or have not been duly furnished;
5. (e) that streets have not been made as required by section 266;
6. (f) that the proposed building would be an encroachment upon any land belonging to or vested in the Central Government or any State Government or the municipal council; or
7. (g) that the site is proposed to be acquired under the provisions of the Land Acquisition Act, 1894 (Central Act 1 of 1894).

1. (2) Whenever the Commissioner or the council refuses to approve a building site for a building or to grant permission to construct or reconstruct a building the reasons for such refusal shall be specifically stated in the order of the Commissioner or the resolution of the council as the case may be.
   • • 298. Lapse of permission.- If the construction or reconstruction of any building is not completed within the period specified, the permission shall lapse and a fresh application shall be made before the work is continued.
   • • 299. Inspection by Commissioner.- The Commissioner may inspect any building during the construction or reconstruction thereof, or within one month from the date of receipt of the notice given under section 141.
   • • 300. Power of Commissioner to require alteration of work.- (1) If the Commissioner finds that the work --(a) is otherwise than in accordance with the plans or specifications which have been approved, or
   • (b) contravenes any of the provisions of this Act or any rule, bye-law, order or declaration made thereunder, he may, by notice, require the owner of the building within a period stated in such notice either ---
     • (i) to make such alterations as may be specified in the said notice with the object of bringing the work into conformity with the said plans or provisions, or
     • (ii) to show cause why such alteration should not be made.
2. (2) If the owner does not show cause as aforesaid, the Commissioner shall be bound to make the alterations specified in such notice.
3. (3) If the owner shows cause as aforesaid the Commissioner shall, by an order, cancel the notice issued under sub-section (1) or confirm the same subject to such modifications as he may think fit.
   • • 301. Stoppage of work endangering human life.- Notwithstanding anything contained in any of the preceding sections, the Commissioner may, at any time, stop the construction or reconstruction of any building if in his opinion the work in progress endangers human life.
   • • 302. Completion certificates.- (1) Every person who employs a licensed architect or engineer or a person approved by the Commissioner to design or erect a building or execute any work shall, within one month after the completion of the erection of the building or execution of the work, deliver or send or cause to be delivered or sent to the Commissioner a notice in writing of such completion accompanied by a certificate in the form prescribed by bye-laws made in this behalf and shall give to the Commissioner all necessary facilities for the inspection of such building or work.
4. (2) No person shall occupy or permit to be occupied any such building or use or permit to be used any building or a part thereof effected by any such work until permission has been granted by the Commissioner in this behalf in accordance with bye-laws made under this Act: The section came into force on the 12th day of September, 1974 vide Extraordinary Gazette No. 122 dated 12th September 1974. Provided that if the Commissioner fails within a period of thirty days after the receipt of the notice of completion to communicate his refusal to grant such permission, such permission shall be deemed to have been granted.

No person shall, without the written permission of the Commissioner, or otherwise than in conformity with the condition, if any, of such permission -- kind.

1. (a) use or permit to be used for human habitation any part of a building not originally erected or authorised to be used for that purpose or not used for that purpose before any alteration has been made therein by any work executed in accordance with the provisions of this Act and of the rules or bye-laws made thereunder;
2. (b) change or allow the change of the use of any land or building;
3. (c) convert or allow the conversion of one kind of tenement into another Wells

The provisions of sections 291 to 301 (both inclusive) shall, so far as may be, apply to a well. Huts

(1) Every person who intends to construct or reconstruct a hut shall send to the Commissioner -

1. (a) an application for permission to execute the work, and
2. (b) a site-plan of the land.

1. (2) Every such application and plan shall contain the particulars and be prepared in the manner required by the rules or bye-laws.

The construction or reconstruction of a hut shall not be begun unless and until the Commissioner has granted permission for the execution of the work on an application sent to him under section 305. The section came into force on the 12th day of September, 1974 vide Extraordinary Gazette No. 122 dated 12th September 1974.

• • 307. Period within which Commissioner is to grant or refuse to grant permission to execute the work.- Within fourteen days after the receipt of any application made under section 305 for permission to construct or reconstruct a hut or of any information or plan or further information or fresh plan required by the rules or bye-laws, the Commissioner shall, by order in writing, either grant such permission or refuse on one or more of the grounds mentioned in section 309 to grant it.
• • 308. Reference to the standing committee or council if Commissioner delays passing orders.- (1) If, within the period prescribed by section 307, the Commissioner has neither granted nor refused to grant permission to construct or reconstruct a hut the standing committee or if no such committee has been constituted the council, shall be bound, on the written request of the applicant to determine by order in writing whether such permission should be granted or not.

1. (2) If the standing committee or as the case may be, the council does not, within thirty days from the receipt of such request determine whether such permission should be granted or not, such permission shall be deemed to have been granted and the applicant may proceed to execute the work but not so as to contravene any of the provisions of this Act or any rules or bye-laws made thereunder.

permission to execute the work.

delays passing orders.

(1) Permission to construct or reconstruct a hut may be refused on any of the following grounds, namely: --

1. (a) that the work or use of the site for the work would contravene some specified provision of any law or some specified rule, byelaw, order or declaration made thereunder;
2. (b) that the application for such permission does not contain the particulars or is not prepared in the manner required by the rules or bye-laws;
3. (c) that any information or plan required by the Commissioner under the rules or bye-laws has not been duly furnished;
4. (d) that streets have not been made as required by section 266; The section came into force on the 12th day of September, 1974 vide Extraordinary Gazette No. 122 dated 12th September 1974.
5. (e) that the land on which the hut is to be constructed, or the street or streets on which such land abuts is not adequately drained, levelled or lighted;
6. (f) that the proposed building would be an encroachment upon land belonging to or vested in the Central Government or any State Government or the municipal council; or
7. (g) that the site is proposed to be acquired under the provisions of the Land Acquisition Act, 1894.

1. (2) Whenever the Commissioner or the standing committee or the council refuses to grant permission to construct or reconstruct a hut the reasons for such refusal shall be specifically stated in the order of the Commissioner or the resolution of the committee or council, as the case may be.
   • • 310. Lapse of permission.- If the construction or reconstruction of any hut is not completed within the period specified, the permission shall lapse and a fresh application shall be made before the work is continued. General
   • • 311. Restriction on the power to refuse approval or permission for construction of buildings or huts.- Notwithstanding anything contained in section 297 or section 309, approval or permission shall not, without the previous sanction of the Government, be refused under section 297 or under section 309, as the case may be, on the ground that the site is proposed to be acquired under the provisions of the Land Acquisition Act, 1894 and where such approval or permission is refused on the ground aforesaid, the provisions of the Land Acquisition Act, 1894 shall, within a period of six months from the date of such refusal, be applied to acquire the site if they have not already been put into force in respect of the site. External walls, alterations and additions
   • • 312. Maintenance of external walls in repair.- The owner or occupier of any building adjoining a public or private street shall keep the external part thereof in proper repair with lime-plaster or other material to the satisfaction of the Commissioner. The section came into force on the 12th day of September, 1974 vide Extraordinary Gazette No. 122 dated 12th September 1974.

General

External walls, alterations and additions.

(1) The provisions of this Chapter and of the rules or bye-laws made thereunder relating to construction and reconstruction of buildings shall also be applicable to any alteration thereof or addition thereto: Provided that works of necessary repair which do not affect the position or dimension of a building or any room therein shall not be deemed an alteration or addition for the purposes of this section.

1. (2) If any question arises as to whether any addition or alteration is a necessary repair not affecting the position or dimension of a building or room such question shall be referred to the council whose decision shall be final. Powers of the Commissioner

(i) that the construction or reconstruction of any building or well-- (a) has been commenced without obtaining the previous permission of the Commissioner or (where an appeal or reference has been made to the council) in contravention of any order passed by the council, or (b) is being carried on, or has been completed otherwise than, in accordance with the plans or particulars on which such permission or order was based, or (c) is being carried on, or has been completed in breach of any of the provisions of this Act or of any rule or bye-law made thereunder or of any direction or requisition lawfully given or made under this Act or any such rule or bye-law, or (ii) that any alteration required by any notice issued under section 300 have not been duly made, or (iii) that any alteration or addition to any building or any other work made or done for any purpose into or upon any building, has been commenced or is being carried on or has been completed in breach of section 313, The section came into force on the 12th day of September, 1974 vide Extraordinary Gazette No. 122 dated 12th September 1974. he may make a provisional order requiring the owner or the builder to demolish the work done or so much of it as, in the opinion of the Commissioner, has been unlawfully executed or to make such alterations as may in the opinion of the Commissioner, be necessary to bring the work into conformity with this Act, or with the rules, bye-laws, directions or requisition as aforesaid, or with the plans and particulars on which such permission or order was based; and may also direct that until the said order is complied with the owner or builder shall refrain from proceeding with the building or well. (2) The Commissioner shall serve a copy of the provisional order made under sub-section (1) on the owner of the building or well together with a notice requiring him to show cause within a reasonable time to be named in such notice why the order should not be confirmed. (3) If the owner fails to show cause to the satisfaction of the Commissioner, the Commissioner may confirm the order with any modification he may think fit to make, and such order shall then be binding on the owner.

1. (2) Such penalty shall be recovered in the same manner as the property tax until the portion or portions aforesaid are removed or rectified by the owner and the resulting construction is approved by the Commissioner.
   • • The section came into force on the 12th day of September, 1974 vide Extraordinary Gazette No. 122 dated 12th September 1974. Exemptions
   • • 316. Exemptions. – (1) Any building constructed and used, or intended to be constructed and used, exclusively for the purpose of a plant-house, summer-house (not being a dwelling-house), poultry-house or aviary, shall be exempted from the provisions of this Chapter, other than section 291, provided the building be wholly detached from and situated at a distance of at least three metres from the nearest adjacent building.
2. (2) (a) The Commissioner may grant permission at his discretion on such term as he may decide in each case to erect for a specified period temporary huts or sheds for stabling, for watching crops, for storing tools or materials, or for other similar purposes.
   • (b) On the expiry of the period specified, the Commissioner may, by notice, require the owner of such hut or shed to demolish it. CHAPTER – XIV NUISANCES Dangerous structures, trees and places

CHAPTER - XIV NUISANCES Dangerous structures, trees and places,

(1) If any structure appears to the Commissioner to be in a ruinous state and dangerous to the passers-by or to the occupiers of neighbouring structures, the Commissioner may, by notice, require the owner or occupier to fence off, take down, secure or repair such structure so as to prevent any danger therefrom.

1. (2) If immediate action is necessary, the Commissioner shall himself before giving such notice or before the period of such notice expires, fence off, take down, secure or repair such structure or fence off a part of any street or take such temporary measures as he thinks fit to prevent danger and the cost of doing so shall be recoverable from the owner or occupier in the manner provided in section 175.
2. (3) If, in the opinion of the Commissioner, the said structure is imminently dangerous to the inmates thereof, the Commissioner shall order the immediate evacuation thereof and any person disobeying may be removed by any police officer.

(1) If any tree or any branch of a tree or the fruit of any tree appears to the Commissioner to be likely to fall and thereby endanger any person or any structure, the Commissioner may by notice require the owner of the said tree to secure, lop or cut down the said tree or remove the fruit thereof so as to prevent any danger therefrom.

1. (2) If immediate action is necessary, the Commissioner shall himself before giving such notice or before the period of such notice expires secure, lop or cut down the said tree or remove the fruit thereof or fence off a part of any street or take such other temporary measures as he thinks fit to prevent danger, and the cost of doing so shall be recoverable from the owner of the tree in the manner provided in section 175.

(1) If any tank, pond, well, hole, stream, dam, bank or other place appears to the Commissioner to be for want of sufficient repair, protection or enclosure dangerous to the passers-by or to persons living in the neighbourhood, the Commissioner may, by notice, require the owner to fill in, remove, repair, protect or enclose the same so as to prevent any danger therefrom.

1. (2) If immediate action is necessary, he shall, before giving such notice or before the period of notice expires, himself take such temporary measures as he thinks fit to prevent danger and the cost of doing so shall be recoverable from the owner in the manner provided in section 175.
   • • 320. Power to stop dangerous quarrying.- If in the opinion of the Commissioner the working of any quarry or the removal of stone, earth or other material from any place is dangerous to persons residing in or having legal access to the neighbourhood thereof or creates or is likely to create a nuisance, the Commissioner may require the owner or person having control of the said quarry or place to discontinue working the same or to discontinue removing stone, earth or other material from such place or to take such order with such quarry or place as he shall deem necessary for the purpose of preventing danger of abating the nuisance arising or likely to arise therefrom.
   • • 321. Precautions against fire.- (1) The Commissioner may, by notice, require the owner of any structure, booth or tent partly or entirely composed of, or having any external roof, verandah, pandal or wall partly or entirely composed of, cloth, grass, leaves, mats or other highly inflammable materials to remove or after such structure, booth, tent, roof, verandah, pandal or wall, or may grant him permission to retain the same on such conditions as the Commissioner may think necessary to prevent danger from fire.
2. (2) The Commissioner may, by notice, require any person using any place for the storage for private use of timber, firewood, or other combustible things to take special steps to guard against danger from fire.
3. (3) Where the Commissioner is of opinion that the means of egress from any building are insufficient to allow of safe exit in the event of fire, he may, with the sanction of the council by notice, require the owner or occupier of the building to alter or reconstruct any staircase in such manner or to provide such additional or emergency staircase as he may direct; and when any building, booth, or tent is used for purposes of public entertainment he may require, subject to such sanction as aforesaid, that it shall be provided with an adequate number of clearly indicated exits so placed and maintained as readily to afford the audience ample means of safe egress, that the seating be so arranged as not to interfere with free access to the exits and that gangways, passages, and the staircases leading to the exits shall during the presence of the public be kept clear of obstructions.

Control over waters etc.

Prohibition of construction of wells, tanks etc., without the permission of Commissioner.- (1) No new well, tank, pond, cistern, fountain or the like shall be dug or constructed without the previous permission of the Commissioner.

1. (2) The Commissioner may grant permission subject to such conditions as he may deem necessary or may, for reasons to be recorded in writing by him, refuse it.
2. (3) If any such work is begun or completed without such permission, the Commissioner may ---
   • (a) by notice require the owner or other person who has done such work to fill up or demolish such work in such manner as the Commissioner shall direct, or
   • (b) grant permission to retain such work, but such permission shall not exempt such owner from proceedings for contravening the provisions of sub-section (1).

(a) any pool, ditch, tank, well, pond, bog, swamp, quarry, hole, drain, cess-pool, pit, water-course, or any collection of water, or (b) any land on which water may at any time accumulate is or is likely to become a breeding-place of mosquitoes or in any other respect a nuisance, the Commissioner may, by notice, require the owner or person having control thereof to fill up, cover over, weed and stock with larvicidal fish, petrolize, drain or drain off the same in such manner and with such materials as the Commissioner shall direct or to take such order with the same for removing or abating the nuisance as the Commissioner shall direct. (2) If a person on whom a requisition is made under sub-section (1) to fill up, cover over, or drain off a well, delivers to the Commissioner within the time specified or compliance therewith written objections to such requisition, the Commissioner shall report such objections to the council, and shall make further inquiry into the case, and he shall not institute any prosecution for failure to comply with such requisition except with the approval of the council, but the Commissioner may nevertheless, if he deems the execution of the work called for by such requisition to be of urgent importance proceed in accordance with section 475 and, pending the decision of the council on the question whether the said well shall be permanently filled up, covered over, or otherwise dealt with, may cause such well to be securely covered over so as to prevent the ingress of mosquitoes, and in every such case, the Commissioner shall, with the approval of the council, determine whether the expenses of any work already done as aforesaid shall be paid by such owner or by the Commissioner out of the municipal fund or shall be shared and, if so, in what proportions.

(1) The council, on the report of the Director of the Medical Services, the municipal health officer of the Director of Agriculture that the cultivation of any description of crop, or the use of any kind of manure, or the irrigation of land in any place within the limits of the municipality is injurious to the public health may, with the previous sanction of the Government, by public notice, regulate or prohibit the cultivation, use of manure or irrigation, so reported to be injurious: Provided that when such cultivation or irrigation has been practiced during the five years preceding the date of such public notice with such continuity as the ordinary course of husbandry admits of, compensation shall be paid from the municipal fund to all persons interested, for any damage caused to them by absolute prohibition.

(1) The Commissioner may, by notice, require the owner of, or person having control over, any private water-course, spring, tank, well or other place, the water of which is used for drinking, bathing, or washing clothes to keep the same in good repair and to clean it of silt, refuse or vegetation and to protect it from pollution by surface drainage in such manner as the Commissioner may think fit.

1. (2) If the water of any place which is used for drinking, bathing or washing clothes, as the case may be, is proved to the satisfaction of the Commissioner to be unfit for the purpose, the Commissioner may, by notice, require the owner or person having control thereof to ---
   • (a) refrain from using or permitting the use of such water; or
   • (b) close or fill up such place or enclose it with a substantial wall or fence.
     • • 326. Duty of council in respect of public well or receptacle of stagnant water.- the municipal council shall maintain in a cleanly condition all wells, tanks and reservoirs which are not private property and may fill them up or drain them when it appears necessary to do so.
     • • 327. Prohibition against or regulation of washing animals or clothes or drinking in public water-courses, tanks, etc.- The council may, in the interests of the public health, regulate or prohibit the washing of animals, clothes or other things or fishing in any public spring, tank, well, public water-course or part thereof within the municipality and may set apart any such place for drinking or for bathing or for washing clothes or animals, or for any other specified purpose.
     • • 328. Provision of public wash-houses.- (1) The council may construct or provide and maintain public wash-houses, salavaithuraikal or places for the washing of clothes, and may require the payment of such rents and fees for the use of any such wash-house, salavaithurai or place as it may determine.
2. (2) The council may farm out the collection of such rents and fees for any period not exceeding three years at a time on such terms and conditions as it may think fit.
3. (3) If a sufficient number of public wash-houses, salavaithuraikal or places be not maintained under sub-section (1), the council may without making any charge therefor appoint suitable places for the exercise by washermen of their calling.

water.

drinking in public water-courses, tanks, etc.

1. (1) The council may, by public notice, prohibit the washing of clothes by washermen in the exercise of their calling within the municipality, except at --
   • (a) public wash-houses, salavaithuraikal or places maintained or provided under section 328, or
   • (b) such other places as it may appoint for the purpose.
2. (2) When any such prohibition has been made no person shall, in contravention of such prohibition wash clothes, except for himself or for personal and family service or for hire on and within the premises of the hirer, at any place within municipal limits other than a public wash-house, salavaithurai or a place maintained or appointed under this Act.

It shall not be lawful for any person to --

1. (a) bathe in or in any manner defile the water in any place set apart by the council or by the owner thereof for drinking purposes; or
2. (b) deposit any offensive or deleterious matter in the dry bed of any places set apart as aforesaid for drinking purposes; or
3. (c) wash clothes in any place set apart as aforesaid for drinking or bathing; or
4. (d) wash any cooking utensil or any animal or wool, skins or other foul or offensive substance or deposit any offensive or deleterious matter in any place set apart as aforesaid for bathing or washing clothes; or
5. (e) cause or suffer to drain into or upon any place set apart as aforesaid for drinking, bathing, washing clothes or cause or suffer anything to be brought there into or do anything whereby the water may be fouled or corrupted. Control over abandoned lands, untrimmed hedges, etc.
   • • 331. Untenanted buildings or lands.- If any building or land, by reason of abandonment, disputed ownership or other cause remains untenanted, and thereby becomes a resort of idle and disorderly persons or in the opinion of the Commissioner becomes a nuisance, the Commissioner may, after due enquiry by notice, require the owner or person claiming to be owner to secure, enclose, clear or clean the same.
   • • 332. Removal of filth or noxious vegetation.- The Commissioner may, by notice, require the owner or occupier of any building or land which appears to him to be in a filthy or unwholesome state, or overgrown with any thick or noxious vegetation, trees or undergrowth injurious to health or offensive to the neighbourhood, to clear, cleanse or otherwise put the land in proper state or to clear away and remove such vegetation, trees or undergrowth within twenty-four hours or such longer period and in such manner as may be specified in the notice.
   • • 333. Fencing of buildings or lands and pruning of hedges and trees.- The Commissioner may, by notice, require the owner or occupier of any building or land near a public street to --
6. (a) fence the same to the satisfaction of the Commissioner; or
7. (b) trim or prune any hedges bordering on the street so that they may not exceed such height from the level of the adjoining roadway as the Commissioner may determine; or
8. (c) cut and trim any hedges or trees over-hanging the said street and obstructing it or the view of traffic or causing it damage; or
9. (d) lower an enclosing wall or fence which by reason of its height and situation obstructs the view of traffic so as to cause danger. Control over insanitary buildings

Control over insanitary buildings

If it appears to the Commissioner necessary for sanitary purposes so to do, he may, by notice, require the owner or occupier of any building to lime-wash or otherwise cleanse the building inside and outside in the manner and within a period specified in the notice.

(a) that any building or portion thereof is, by reason of its having no plinth or having a plinth of insufficient height, or by reason of the want of proper drainage or ventilation or by reason of the impracticability of cleaning, attended with danger of disease to the occupiers thereof or to the inhabitants of the neighbourhood or is, for any reason, likely to endanger the public health or safety, or (b) that a block or group of building is, for any of the said reasons or by reason of the manner in which the buildings are crowded together, attended with such risk as aforesaid, he may, by notice require the owners or occupiers of such buildings or portions of buildings or at his option, the owners of the land occupied by such buildings or portions of buildings, to execute such works or to take such measures as he may deem necessary for the prevention of such danger. (2) No person shall be entitled to compensation for damages sustained by reason of any action taken under or in pursuance of this section save when a building is demolished in pursuance of an order made thereunder or so demolished to such extent as to require reconstruction, in which cases the municipal council shall make compensation to the owner thereof. (3) When any building is so far demolished under this section as to require reconstruction, allowance shall be made in determining the compensation for the benefit accruing to the premises from the improvement thereof.

(1) If any building or portion thereof intended for or used as a dwelling place appears to the Commissioner to be unfit for human habitation, he may apply to the council to prohibit the further use of such structure for such purpose; and the council may, after giving the owner and occupiers of the structure a reasonable opportunity of showing cause why such order should not be made, make a prohibitory order as aforesaid.

1. (2) When any such prohibitory order has been made, the Commissioner shall communicate the purpose thereof to the owner and occupiers of the structure and on the expiry of such period as is specified in the notice, not being less than thirty days after the service of the notice, no owner or occupier of such structure shall use or suffer it to be used for human habitation until the Commissioner certifies in writing that the causes rendering it unfit for human habitation have been removed to his satisfaction or the council withdraws the prohibition.
2. (3) (a) When such prohibitory order has remained in operation for three months, the Commissioner shall report the case to the council which shall thereupon consider whether the structure should not be demolished.
   • (b) The council shall give the owner not less than thirty days notice of the time and place at which the question will be considered, and the owner shall be entitled to be heard when the question is taken into consideration.
3. (4) If upon such consideration the council is of opinion that the structure has not been rendered fit for human habitation and that steps are not being taken with due diligence to render it so fit and that the continuance of the structure is a nuisance or dangerous or injurious to the health of the public or to the inhabitants of the neighbourhood, it shall record a decision to that effect, with the grounds of the decision and the Commissioner shall in pursuance of the said decision by notice require the owner to demolish the structure.
4. (5) If the owner undertakes to execute forthwith the works necessary to render the structure fit for human habitation and the Commissioner considers that it can be so made fit, the Commissioner may postpone the execution of the decision of the council for such time not exceeding six months as he thinks sufficient for the purpose of giving the owner an opportunity of executing the necessary works.

(1) If it appears to the Commissioner that any dwelling-house or other building which is used as a dwelling place, or any room in such dwelling-house or buildings, is so overcrowded as to endanger the health of the inmates thereof, he may apply to a Magistrate, to abate such overcrowding; and the Magistrate after such inquiry as he thinks fit to make, may, by order in writing, require the owner of the building or room, within a reasonable time to be specified in the said order not exceeding four weeks to abate such overcrowding by reducing the number of lodgers, tenants or other inmates of the building or room or may pass such other orders as he may deem just and proper.

1. (2) The council may, by order in writing declare what amount of superficial and cubic space, shall be deemed for the purposes of sub-section (1) to be necessary for each occupant of a building or room.
2. (3) If any building or room referred to in sub-section (1) has been sub-let the landlord of the lodgers, tenants or other actual inmates of the same, shall, for the purposes of this section, be deemed to be the owner of the building or room.
3. (4) It shall be incumbent on every tenant, lodger or other inmate of a building or room to vacate on being required by the owner so to do, in pursuance of any requisition made under sub-section (1). Control over certain animals
   • • 338. Prohibition against feeding certain animals on filth.- No person shall feed or permit any animal which is kept for dairy purpose or may be used for food, to be fed in filth.
   • • 339. Prohibition against keeping animals or bird so as to be dangerous or a nuisance.- No person shall keep any animal or bird in or near his premises or in a public place so as to be a nuisance or so as to be dangerous.
   • • 340. Power to destroy stray pigs and dogs.- (1) The council may, and if so directed by the District Magistrate shall, give public notice that unlicensed pigs or dogs straying within specified limits will be destroyed.
4. (2) When such notice has been given, any person may destroy, in any manner not inconsistent with the terms of the notice, any unlicensed pig or dog, as the case may be, found straying within such limits.
   • • The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January, 1974. General
   • • 341. Powers of Commissioner to use or all materials of dangerous structure taken down etc., and procedure when there is no owner or occupier.- (1) When the Commissioner takes down any structure or part thereof or cuts down any tree or hedge or shrub or part thereof or removes any fruit in virtue of his powers under this Chapter, the Commissioner may sell the materials or things taken down, cut down or removed and apply the proceeds in or towards payment of the expenses incurred.
5. (2) If after reasonable inquiry it appears to the Commissioner that there is no owner or occupier to whom notice can be given under any section in this Chapter he may himself make such order with the property mentioned in such section as may appear to him to be necessary and may recover the expense incurred by the sale of such property (not being land) or of any portion thereof.

or a nuisance.

146 General

structure taken down, etc., and procedure when there is no owner or occupier.

No person shall be entitled save as provided in section 323, 324 and 335, compensation for any damages sustained by reason of any action taken by the municipal authorities in pursuance of their powers under this Chapter. CHAPTER – XV

LICENCES AND FEES General provisions as to licences

Nothing in this Act or in any rule, bye-law or regulation made thereunder shall be construed as requiring the taking out of any licence or the obtaining of any permission under this Act or any such rule, bye-law or regulation in respect of any place in the occupation or under the control of the Central Government or any State Government or in respect of any property of such Government. The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January, 1974.

Notwithstanding anything contained in this Act or any other law, the Commissioner may refuse to grant or renew a licence under the provisions of this Act or any other Act which authorises him to issue a licence, if the person applying for the licence has made default in the payment of any dues by way of taxes or fees payable by him to the municipal council, provided the Commissioner may, if he deems fit, grant or renew the licence for a period not exceeding two months, on satisfactory guarantee for the payment within the period. Keeping of animals

1. (1) The owner or occupier of any stable, veterinary infirmary, stand, shed, yard, or other place in which quadrupeds are kept or taken in for purposes of profit shall apply to the Commissioner for a licence not less than thirty and not more than ninety days before the opening of such place, or before the commencement of the year for which the licence is sought to be renewed, as the case may be.
2. (2) The Commissioner may, by an order and subject to such restrictions and conditions as he may think fit to impose, grant or refuse such licence.
3. (3) No person shall without or otherwise than in conformity with a licence use any place for such a purpose.
4. (4) Nothing in this section shall apply to any such place licensed as a place or public entertainment or resort.

1. (1) All stables, cattle-sheds and cow-houses shall be under the survey and control of the Commissioner as regards their site, construction, materials and dimensions.
2. (2) The Commissioner may, by notice, require that any stable, cattle-shed or cow-house be altered, paved, drained, repaired, disinfected or kept in such a state as to admit of its being sufficiently cleaned or be supplied with water, or be connected with a sewer or be demolished.
3. (3) Every such notice shall be addressed to the owner of the building or land to which the stable, cattle-shed, cow-house belongs or for the use of occupants of which the same was constructed or is continued.
4. (4) The expense of executing any work in pursuance of any such notice shall be borne by the said owner.

1. (2) Every such notice shall state the ground therefor.

Licences for use of enclosed place or buildings for public resort or entertainment.- No enclosed place or building, whether permanent or temporary, shall be used for public resort or entertainment in the following cases, unless a licence has been obtained in respect thereof under this Act -

1. (a) In every case where the area within the enclosed place or occupied by the building is sixty square metres or more.
2. (b) In case the area aforesaid is less than sixty square metres, if the public are allowed to take part in any game or competition therein.

(1) When any person desires to obtain a licence to sue any enclosed place or building for public resort or entertainment, or to construct any enclosure or building for such purpose, he shall send an application to the Commissioner setting forth the name of the owner of the place or building, its situation, size and description, the material of which the enclosure or building is made or proposed to be made, whether it is or is proposed to be permanent or temporary, and the purpose for which it is proposed to be used.

1. (2) Upon the receipt of any such application, the Commissioner shall inspect the place or building in respect of which a licence is required, and may call on the applicant, by notice in writing, to make any alteration or addition in the material or arrangement of the enclosure or building or in the precautions for the safety of the public to be assembled therein, and may refuse to grant a licence until the alteration or addition is made. The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January, 1974.
2. (3) (a) If the Commissioner after consulting such authority or officer as the Government may from time to time by notification direct, is satisfied--
   • (i) that the enclosed place or building may safely be used for the purpose of public resort or entertainment proposed;
   • (ii) that no objection, arising from its situation, ownership, or the purpose proposed exists, he shall give to the applicant a written licence, signed by him, specifying the enclosure or building and the purpose for which it is to be used. Such licence shall be in such form and subject to such fee and conditions as the Government may, from time to time, prescribe.
   • (b) If the Commissioner is not satisfied as aforesaid, he may refuse a licence, recording his reasons for refusal in writing.
3. (4) Every licence granted shall state the period for which it is to continue in force, and shall cease to be in force on the expiration of that period.
   • • 350. Revocation or suspension of licence.- The Commissioner may, for reasons to be recorded in writing, revoke or suspend the licence when he has reason to believe --
   • (a) that the licences has been fraudulently obtained;
   • (b) that the enclosed place or building has been used for other purposes of public resort or entertainment than that for which the licence was granted;
   • (c) that the place or building can no longer be safely used for the purpose for which the licence was granted;
   • (d) that any condition of the licence has been contravened.
     • • 351. Appeal against order under section 350.- (1) Any applicant for a licence under this Act may appeal from any order made under section 350 to the municipal council.
4. (2) The appeal shall be made within thirty days from the day on which the applicant received the order appealed against.
5. (3) The appellate authority shall have the same power as the Commissioner to inspect and direct alteration or addition in the enclosed place or building. It may either grant or withhold the licence or make such order as it may think fit.
   • • 352. Power to enter place of public resort to inspect licence or to prevent further use.- It shall be lawful for any officer of police in charge of a station or of higher rank than head constable or any other officer duly authorised by the Government by notification, to enter at any time any enclosure or building for which licence is required under this Act, to inspect the licence, if any has been issued, and, if there is no licence or if the conditions of the licence are not observed and if he sees reason to apprehend imminent danger to the public, to prevent the further use of such enclosure or building as a place of public resort or entertainment.
   • • 353. Government may revise any proceedings under this Act.- The Government may call for and examine the record of any proceeding taken under this Act, may call for any report in connection therewith, may make or cause to be made any further inquiry and may pass any order which it may think fit.
   • • 354. Prohibition of smoking in certain places where entertainments are held.-
6. (1) If any entertainment (including a cinematograph exhibition, dance or drama) to which members of the public are admitted, whether on payment or not, is held in an enclosed place or building, then, no person shall, during the prohibited period as defined in sub-section (2) smoke either ---
   • (a) on the stage except in so far as smoking may be part of the entertainment, or
   • (b) in the auditorium, that is to say, in that portion of the enclosed place or building in which accommodation is provided for members of the public: Provided that the Government may, by notification, exempt any class of entertainments from the provisions of this sub-section. The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January, 1974.
7. (2) For the purposes of section (1), “prohibited period” means so much of the period commencing thirty minutes before the beginning of the entertainment and ending with the termination thereof, as may fall within the hours which the Government may, by notification, specify in this behalf for entertainments generally or any class of entertainments.
8. (3) Any person who contravenes the provisions of this section shall be liable to be rejected summarily from the enclosed place or building by any police officer and shall also be punishable with fine which may extend to fifty-rupees.
9. (4) A person rejected under sub-section (3) shall not be entitled to the refund of any payment made by him for admission to the entertainment or to any other compensation. Trades, industries and factories

prevent further use.

Trades, industries and factories.

(1) The council may, by a notification and by beat of drum, direct that no place within municipal limits shall be used for any one or more of the purposes specified in Schedule III without the licence of the Commissioner and except in accordance with the conditions specified therein and where the licence is for keeping hotels, restaurants, eating-houses, coffee houses, laundries or running barber saloons the licence issued by the Commissioner shall always contain and be deemed to contain a condition that admission or service therein shall be available to any member of the public: Provided that no such notification shall take effect until sixty days from the date of publication.

1. (2) The owner or occupier of every such place shall within thirty days of the publication of such notification apply to the Commissioner for a licence for the use of such place for such purpose.
2. (3) (a) On receipt of any such application, the Commissioner may, subject to the provisions of clauses (b) and (c), grant the licence specifying therein such conditions as he may think fit to impose in accordance with the rules, if any, made by the Government in this behalf or refuse to grant such licence. The section came into force on the 12th day of September, 1974 vide Extraordinary Gazette No. 122 dated 12th September, 1974.
   • (b) Before granting or refusing a licence under clause (a), the Commissioner shall cause a full and complete investigation to be made in the prescribed manner in respect of the application and shall have due regard to: -
     • (i) the suitability of the place in respect of which the licence is applied for;
     • (ii) the possibility of any danger to life or health or property or the likelihood of any nuisance being created either from the nature or by reason of the manner in which or the conditions under which the place is proposed to be used;
     • (iii) the provisions of other Acts, if any, and the rules and byelaws made thereunder, regulating the use of places for the purposes for which a licence is applied for under this Act; and
     • (iv) such other matters as may be prescribed.
   • (c) If the Commissioner is satisfied either on a reference made to him in this behalf or otherwise that --
     • (i) a licence granted under clause (a) has been obtained by misrepresentation as to an essential fact, or
     • (ii) the holder of a licence has, without reasonable cause, failed to comply with the conditions subject to which the licence has been granted or has contravened any of the provisions of this Act or the rules made thereunder, then, without prejudice to any other penalty to which the holder of the licence may be liable under this Act, the Commissioner may, after giving the holder of the licence an opportunity of showing cause, revoke or suspend the licence.
   • (d) Subject to any rules that may be made in this behalf by the Government, the Commissioner may also vary or amend a licence granted under clause (a).
3. (4) Every such licence shall expire at the end of the year unless for special reasons the Commissioner considers it should expire at an earlier date, when it shall expire at such earlier date as may be specified therein.
4. (5) Applications for renewal of such licences shall be made not less than thirty and not more than ninety days before the end of every year and applications for licences for places to be newly opened shall be made not less than thirty and not more than ninety days before they are opened.

1. (1) Every person intending ---
   • (a) to construct or establish any factory, workshop or work-place in which it is proposed to employ steam-power, water power or other mechanical power or electrical power, or
   • (b) to install in any place any machinery or manufacturing plant driven by steam, water or other power as aforesaid, not being machinery or manufacturing plant excluded by rules, shall, before beginning such construction, establishment or installation, make an application in writing to the municipal council for permission to undertake the intended work.
2. (2) The application shall specify the maximum number of workers proposed to be employed on any day in the factory, workshop, work-place or place and shall be accompanied by, --
   • (i) a plan of the factory, workshop, workplace or place prepared in such manner as may be prescribed by rules made in this behalf by the Government, and
   • (ii) such particulars as to the power, machinery, plant or place as the municipal council may require by bye-laws made in this behalf.
3. (3) The municipal council shall, as soon as may be, after the receipt of the application, ---
   • (a) grant the permission applied for, either absolutely or subject to such conditions as it may think fit to impose, or
   • (b) refuse permission, if it is of opinion that such construction, establishment or installation is objectionable by reason of the density of the population in the neighbourhood or that it is likely to cause a nuisance or for any other reason to be recorded in writing.
4. (4) Before granting permission under sub-section (3), the municipal council -- The section came into force on the 12th day of September, 1974 vide Extraordinary Gazette No. 122 dated 12th September, 1974.
   • (a) shall, if more than nine workers are proposed to be employed on any day in the factory, workshop, work-place or place, obtain the approval of the inspector of factories appointed under the Factories Act, 1948 (Central Act 43 of 1948) having jurisdiction in the area of the municipality, or if there is more than one such inspector, or of the inspector designated by the Government in this behalf by general special order, as regards the plan of the factory, workshop, work-place or place with reference to ---
     • (i) the adequacy of the provision for ventilation and light,
     • (ii) the sufficiency of the height and dimensions of the rooms and doors,
     • (iii) the suitability of the exits to be used in case of fire, and
     • (iv) such other matters as may be prescribed by rules made by the Government; and
   • (b) shall consult, and have due regard to the opinion of, the municipal health officer where the municipal council employs such an officer and of the Director of Medical Services in other cases, as regards the suitability of the site of the factory, workshop, work-place or place for the purpose specified in the application.
5. (5) (a) More than nine workers shall not be employed on any day in any factory, workshop, work-place or place, unless the permission granted in respect thereof under sub-section (3) authorised such employment, or unless fresh permission authorising such employment has been obtained from the municipal council.
   • (b) Before granting such fresh permission, the council shall obtain the approval of the inspector of factories referred to in clause (a) of sub-section (4)as regards the plan of the factory, workshop, workplace or place with reference to the matters specified in that clause.
6. (6) The grant of permission under this section, --
   • (a) shall in regard to the replacement of machinery, the levy of fees, the conditions to be observed and the like, be, subject to such restrictions and control as may be prescribed; and
   • (b) shall not be deemed to dispense with the necessity for compliance with the provisions of sections 291 and 293 or section 305 and 306, as the case may be. Explanation.– In this section “workers” shall in relation to any factory, workshop, work-place or place, have the same meaning as in the Factories Act, 1948 (Central Act 43 of 1948).

1. (2) If there has been wilful default in carrying out such directions or if abatement is found impracticable, the municipal council may – (a) prohibit the use of the particular kind of fuel employed, or (b) restrict the noise or vibration by prohibiting the working of the factory, workshop or work-place between the hours of 9-30 p.m. and 5-30 a.m.
   • • 358. Power of the Government to pass orders or give directions to municipal councils.- The Government may, either generally or in any particular case, make such order or give such directions as it may deem fit in respect of any action taken or omitted to be taken under section 355, section 356 or section 357.
   • • 359. Power of Commissioner to enter any factory, workshop or work-place.-
2. (1) The Commissioner or any person authorised by him in this behalf may enter any factory, workshop or work-place --
   • (a) at any time between sunrise and sunset;
   • (b) at any time when any industry is being carried on; and
   • (c) at any time by day or by night, if he has reason to believe that any offence is being committed under section 356 or section 357. The section came into force on the 12th day of September, 1974 vide Extraordinary Gazette No. 122 dated 12th September, 1974.
3. (2) No claim shall lie against any person for any damage or inconvenience necessarily caused by the exercise of powers under this section or by the use of any force necessary for the purpose of effecting an entrance under this section.

Municipal Councils.

place.

(1) No person engaged in any trade, or industry or manufacture specified in Schedule III shall --

1. (a) wilfully cause or suffer to be brought or to flow into any lake, tank, reservoir, cistern, well, duct or other place for water belonging to the municipal council or into any drain or pipe communicating therewith, any washing or other substance produced in the course of any such trade, or industry or manufacture as aforesaid;
2. (b) wilfully do any act, connected with an such trade, or industry or manufacture as aforesaid whereby the water in any such lake, tank, reservoir, cistern, well, duct or other place of water is fouled or corrupted.

1. (2) The Commissioner may, after giving not less than twenty-four hours previous notice in writing to the owner or to the person who has the management or control of any work, pipes or conduits connected with any such manufacture or industry or trade as aforesaid, lay open and examine the said works, pipes or conduits; and if upon such examination it appears that sub-section (1) has been contravened by reason of anything contained in or proceeding from the said works, pipes or conduits, the expenses of such laying open and examination, and of any measure which the Commissioner shall in his discretion, require to be adopted for the discontinuance of the cause of such contravention, shall be paid by the owner of the said works, pipes or conduits, or by the person who has the management or control thereof, or through whose neglect or fault the said sub-section has been contravened; but if it appears that there has been no contravention of the said subsection, the said expenses and the compensation for any damage occasioned by the said laying open and examination shall be paid by the Commissioner. The section came into force on the 12th day of September, 1974 vide Extraordinary Gazette No. 122 dated 12th September, 1974. Slaughtering

(1) (a) the municipal council shall provide a sufficient number of places within municipal limits for use as municipal slaughter-houses and may charge rents and fees for their use at such rates as it may deem fit.

1. (b) Such rents and fees shall be recoverable in the same manner as the property tax.

1. (2) The council may --(a) place the collection of such rents and fee under management of such persons as may appear to it proper, or
   • (b) farm out such collection for any period not exceeding three years at a time and on such terms and conditions as it may think fit.

(1) The owner of any place within municipal limits which is used as a slaughter-house for the slaughtering of animals or for the skinning or cutting up of any carcasses, shall apply to the Commissioner for a licence sixty days before the opening of such place as a slaughter-house or before the commencement of the year for which the licence is sought to be renewed, as the case may be.

1. (2) The Commissioner may, by an order and subject to such restrictions and regulations as to supervision and inspection as he thinks fit, grant or refuse to grant such licence.
   • • 363. Slaughter of animals during festivals and ceremonies.- The Commissioner may allow any animal to be slaughtered in such place as he thinks fit on occasions of festivals and ceremonies or as a special measure.
   • • 364. Slaughter of animals for sale as food.- No person shall --
   • (a) slaughter within the municipality, except in a public or licensed slaughter-house, any cattle, horse, sheep, goat or pig for sale as food, or skin or cut up any carcass without or otherwise than in conformity with a licence from the Commissioner; or
   • (b) dry any skin or permit it to be dried in such manner as to cause a nuisance: The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January, 1974.

Sections 353 and 354 to be subject to Act 8 of 1965.- Sections 363 and 364 shall have effect subject to the provisions of the Puducherry Animals and Birds Sacrifices Prohibition Act, 1965.

The milk trade

** 366. Regulation of milk trade.- (1) No person shall without or otherwise than in conformity with a licence from the Commissioner --

1. (a) carry on or be employed in, within the municipality, the trade or business of a dealer in, or importer or seller or hawker of, milk or diary produce; or
2. (b) use any place in the municipality for the sale of milk or dairyproduce; Provided that no such licence shall be given to any person who is suffering from an infectious disease: Provided further that such licence shall be deemed to have been suspended while the person to whom it is granted is suffering from an infectious disease.

1. (2) Such licence may be refused or may be granted on such conditions as the Commissioner may deem necessary which may extend to the construction, ventilation, conservancy, supervision and inspection of the premises whether within or outside municipal limits where the animals from which the milk-supply is derived are kept.

Markets, butchers, fish-mongers, hawkers

Public markets.- All markets which are acquired, constructed, repaired or maintained out of the municipal fund shall be deemed to be public markets and such markets shall be open to all persons irrespective of their caste or creed.

• • The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January, 1974. ** The provisions of section 366 where declared extended to the Commune Panchayat specified below with effect from 16-7-1974 vide Extraordinary Gazette No. 92 dated 22nd July, 1974.

1. (2) The council may, in any public market, levy any one or more of the following fees at such rates and may place the collection of such fees under the management of such person as may appear to it proper or may farm out such fees for any period not exceeding three years at a time and on such terms and subject to such conditions as it may deem fit –
   • (a) fees for the use of, or for the right to expose goods for sale in, such markets;
   • (b) fees for the use of shops, stalls, pens or stands in such markets; and
   • (c) fees on vehicles or pack animals carrying, or on persons bringing, goods into such markets for sale;
   • (d) fees on animals brought for sale into or sold in, such markets; and
   • (e) licence fees on brokers, commission agents, weighmen and measurers practicing their calling in such markets.
2. (3) The council may, with the sanction of the Government, close any pubic markets or part thereof.

(1) No person shall, without the permission of the Commissioner, or if the fees have been farmed out, of the farmer, sell or expose for sale any animal or article within any public market.

1. (2) Any person who contravenes sub-section (1) or any conditions of the licence or any bye-law made under section 443 or who commits default in payment of the fees leviable under section 368, may, after three clear days’ notice, be summarily removed from such market by any municipal officer or servant and any lease or tenure which any person may possess may be terminated for such period and from such date as the Commissioner may determine without prejudice to legal rights of municipal council to prosecute the person or to recover the fees leviable under section 368 and the expenses, if any, which the municipal council may incur in such removal.

(1) No person shall open a new private market or continue to keep a private market unless he obtains from the council a licence to do so. year.

1. (2) Application for such licence shall be made by the owner of the place in respect of which the licence is sought sixty days before such place is opened as market or before the commencement of the year for which the licence is sought to be renewed, as the case may be.
2. (3) (a) The council may grant the licence applied for, subject to such regulations as to supervision and inspection and to such conditions as to sanitation, drainage, water-supply, width of paths and weight and measures to be used, and rents and fees to be charged in such market as the council may think proper.
   • (b) The council may, however, at any time after giving the holder of the licence an opportunity of showing cause, suspend or cancel any licence which has been granted under this section for breach of the conditions thereof.
   • (c) The council may also modify the conditions of licence to take effect from a specified date.
3. (4) When a licence is granted, refused, suspended, cancelled or modified under this section the council shall cause a notice of such grant, refusal, suspension, cancellation or modification in English and in the regional language to be posted in some conspicuous place at or near the entrance to the place in respect of which the licence was sought or had been obtained.
4. (5) Every licence granted under this section shall expire at the end of the
   • • 371. Fee for licence.- When a licence granted under section 370 does not permit the levy of any fees of the nature specified in sub-section (2) of section 368, it shall be granted free of fee, provided that where permission to levy any such fee is granted, a fee not exceeding six hundred rupees shall be charged by the municipal council for such licence.
   • • 372. Sale in unlicensed private markets. – It shall not be lawful for any person to sell, or expose for sale, any animal or article in any unlicensed private market.
   • • 373. Power of council in respect of private market.- The council may, by notice, require the owner, occupier or farmer of any private market to --
   • (a) construct approaches, entrances, passages, gates, drains and cess-pits for such market and provide it with flush-out or other latrines of such description and in such position and number as the council may think fit;
   • (b) roof and pave the whole or any portion of it, or pave any portion of the floor with such materials as will in the opinion of the council secure imperviousness and ready cleansing;
   • (c) ventilate and light it properly and provide it with a supply of water;
   • (d) provide passage of sufficient width between the stalls and make such alterations in the stalls, passages, shops, doors or other parts of the market as the council may direct; and
   • (e) keep it in a cleanly and proper state and remove all filth and refuse therefrom.

(1) If any person after notice given to him in that behalf by the council fails within the period and in the manner laid down in the said notice to carry out any of the works specified in the preceding section, the council may suspend the licence of the said person, or may refuse to grant him a licence, until such works have been completed.

1. (2) It shall not be lawful for any person to open or keep open any such market after such suspension or refusal.
   • • 375. Prohibition against nuisances in private markets.- No owner, occupier, agent or manager in charge of any private market, or of any shop, stall, shed or other place therein shall keep the same so that it is a nuisance or fail to cause anything that is a nuisance to be at once removed to a place to be specified by the council.
   • • 376. Power to close private markets.- The council or any officer duly authorised by it in that behalf may close any private market in respect of which no licence had been applied for or the licence for which has been refused, withheld or suspended or which is held or kept open contrary to the provisions of this Act or the rules made thereunder.
   • • 377. Acquisition of right of private persons to hold private markets.- (1) (a) A municipal council may acquire the rights of any person to hold a private market in any place and to levy fees therein.
   • (b) The acquisition shall be made under the Land Acquisition Act, 1894 and such rights shall be deemed to be land for the purpose of that Act.
2. (2) On payment by the municipal council of the compensation awarded under the said Act in respect of such property and any other charges incurred in acquiring it, the rights of such person to hold a private market and to levy fees therein shall vest in the municipal council.
   • • 378. Duty of expelling persons suffering from leprosy, etc., from markets and power to expel disturbers.- The person in-charge of a market --
   • (a) shall prevent the entry therein or expel therefrom any person suffering from leprosy in whom the process of ulceration has commenced or from any infectious or contagious disease who sells or exposes for sale therein any article or who, not having purchased the same, handles and articles exposed for sale therein, and
   • (b) may expel therefrom any person who is creating a disturbance therein.
     • • 379. Butcher’s, fish-monger’s and poulterer’s licence.- (1) No person shall without or otherwise than in conformity with a licence from the Commissioner carry on the trade of a butcher, fish monger or poulterer, or use any place for the sale of flesh or fish intended for human food in any place within municipal limits: Provided that no licence shall be required for a place used for the selling or storing for sale of preserved flesh or fish contained in airtight and hermetically sealed and unopened receptacles.
3. (2) The Commissioner may, by order in writing and subject to such restrictions as to supervision and inspection as he thinks fit, grant or refuse to grant such licence.
4. (3) Every such licence shall expire at the end of the year in which it is granted unless for special reasons the Commissioner considers it should expire at an earlier date, when it shall expire at such earlier date as may be specified therein.
   • • 380. Power to prohibit or regulate sale of articles in public streets.- The Commissioner may, with the previous sanction of the council, prohibit by public notice or licence, or regulate the sale or exposure for sale of any animals, birds or articles in or on any public street or part thereof.
   • • 381. Decision of disputes as to whether places are markets.- If any question arises whether any place where persons assemble for the sale or purchase of articles of food or clothing, of animals including livestock or poultry, or cotton, ground-nut or other industrial crops or of any other raw or manufactured products is a market or not the municipal council shall make a reference to the Government and the decisions of the Government on the question shall be final. Cart-stands ** 382. Provision of public cart-stand, etc.- (1) The municipal council may construct or provide and maintain public landing places, halting places, cart-stands, cattle-sheds and cow-houses and may levy fees for the use of the same.
5. (2) The council may ---
   • (a) place the collection of any such fees under the management of such persons as may appear to it proper; or
   • (b) farm out the collection of any such fees for any period not exceeding three years at a time and on such terms and conditions as it may think fit. The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January, 1974. ** The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 29th July, 1976.
6. (3) A statement in English and in regional language of the fees fixed by the council for the use of such place shall be put in a conspicuous part thereof. Explanation. – A cart-stand shall, for the purpose of this Act, include a stand for carriages including motor vehicle within the meaning of the Motor Vehicles Act, 1939 (Central Act 4 of 1939) and animals.
   • • 383. Prohibition of use of public place or sides of public streets as cart-stand, etc.- Where a municipal council has provided a public landing place, halting place, cart-stand, cattle-shed, or cow-house, the Commissioner may prohibit the use for the same purpose by any person within such distance thereof as may be determined by the municipal council, of any public place or the sides of any public street. ** 384. Recovery of cart-stand fees, etc.- (1) If the fee leviable under sub-section (1) of section 382 is not paid on demand, the person appointed to collect such fee may seize and detain such portion of the appurtenances or load of the cart, carriage, motor vehicle or animal concerned as will, in his opinion, suffice to defray the amount due and in the absence of any such appurtenances or load or in the event of their value being insufficient to defray the amount due, he may seize and detain the cart, carriage, motor vehicle or animal.
7. (2) All property seized under sub-section (1) shall be sent within twenty- four hours to the Commissioner or to such person as he may have authorised in this behalf to receive and sell such property and the Commissioner shall forthwith give notice to the proprietor of the property seized, or, if the proprietor is not known, or is not resident within the municipality to the person who was in-charge of the said property at the time when it was seized, or if such person cannot be found, publish by beat of drum, that after the expiry of two days, exclusive of Sunday, from the date of service or publication of such notice, the property will be sold by auction at a place to be specified in the notice.
8. (3) If, at any time before the sale has begun, the amount due on account of the fee, together with the expenses incurred in connection with the seizure, detention and proposed sale is tendered to the Commissioner or other person authorised as aforesaid, the property seized shall be forthwith released. The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 29th July, 1976. ** The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January, 1974.
9. (4) If no such tender is made, the property or a sufficient portion thereof may be sold and the proceeds of the sale applied to the payment of -(i) the amount due on account of the fee; (ii) such penalty not exceeding the amount of the fee as the Commissioner may direct; and (iii) the expenses incurred in connection with the seizure, detention and sale.
10. (5) If, after making the payments referred to in sub-section (4), there is any surplus sale proceeds or any property remaining unsold, the same shall be paid or delivered to the owner or other person entitled thereto.

markets and power to expel disturbers.

Cart-stands.

cart stand, etc.

(1) No person shall open a private cart-stand or continue to keep open a private cart-stand unless he obtains from the council a licence to do so.

1. (2) Application for such licence shall be made by the owner of the place in respect of which the licence is sought not less than thirty days and not more than ninety days before the opening of such place as a cart-stand or before the commencement of the year for which the licence is sought to be renewed, as the case may be.
2. (3) (a) The council shall as regards private cart-stands already lawfully established and may, at its discretion, as regards new private cartstands, grant the licence applied for subject to such regulations as to supervision and inspection and to such conditions as to conservancy as the council may think proper; or the council may refuse to grant any such licence.
   • (b) The council may however, at any time for breach of the conditions thereof suspend or cancel any licence which has been granted under this section. The council may also modify the conditions of the licence to take effect from a specified date: Provided that the municipal council may refuse to renew the licence in the case of any private cart-stand already lawfully established so far as motor vehicles are concerned if such stand is found to be unsuitable for use as a bus-stand by Government or by the Regional Transport Authority under section 76 of the Motor Vehicle Act, 1939 (Central Act 4 of 1939). year.
3. (4) When a licence is granted, refused, suspended cancelled or modified under this section, the council shall cause a notice of such grant, refusal, suspension, cancellation or modification, in English and in regional language to be posted in some conspicuous place at or near the entrance to the place in respect of which the licence was sought or had been obtained.
4. (5) The council may levy for every licence granted under this section, a fee not exceeding six hundred rupees per annum.
5. (6) Every licence granted under this section shall expire at the end of the

(1) (a) A municipal council may acquire the rights of any person to keep a private cart-stand in any place and to levy fees therein.

1. (b) The acquisition shall be made under the Land Acquisition Act, 1894 (Central Act 1 of 1984) and such rights shall be deemed to be land for the purposes of that Act.

1. (2) On payment by the municipal council of the compensation awarded under the said Act in respect of such property, and any other charges incurred in acquiring it, the rights of such person to keep the private cart-stand and to levy fees therein shall vest in the municipal council. Porters * 387. Licensing of porters.- The Government may make rules providing for, --
   • (a) the grant of licences to persons carrying on the calling of porter in any public landing place, halting place or cart-stand provided by the municipal council;
   • (b) the revocation or suspension of any such licence;
   • (c) the terms and conditions subject to which and the authority by whom, such licence may be granted or renewed;
   • (d) The authority to which any person aggrieved by refusal to grant or renew or by revocation, or suspension of such licence may appeal; and
   • (e) the fees not exceeding twelve rupees per annum to be paid in respect of any such licence.
     • • The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January, 1974. Inspection of places for sale, etc.
     • • 388. Duty of Commissioner to inspect.- It shall be the duty of the Commissioner to make provision for the constant and vigilant inspection of animals, carcasses, meat, poultry, game, flesh, fish, fruit, vegetables, corn, bread, flour, milk, ghee, butter, oil and any other articles exposed or hawked about for sale or deposited in or brought to any place for the purpose of sale or preparation for sale.

Inspection of places for sale, etc.,

(1) The Fommissioner or any other person authorised by him in writing for the purpose may, without notice enter any slaughter house or any place where animals, poultry or fish intended for food are exposed for sale or where articles of food are being manufactured or exposed for sale at any time by day or night, when the slaughter, exposure for sale or manufacture is being carried on and inspect the same and any utensil or vessel used for manufacturing, preparing or containing any such article.

1. (2) If the Commissioner or any other person so authorised by him has reason to believe that in any animal intended for human food is being slaughtered or any carcass is being skinned or cut up or that any food is being manufactured, stored prepared, packed, cleansed, kept or exposed for sale, or sold without, or otherwise than in conformity with a licence, he may enter any such place without notice, at any time by day or night for the purpose of satisfying himself whether any provision of any law or rules or bye-laws or regulations made thereunder or any conditions of licence is being contravened.
2. (3) No claim shall lie against the Commissioner or any person acting under his authority or the council for any damage or inconvenience necessarily caused by the exercise of power under this section or by the use of any force necessary for effecting an entry into any place under this section.
3. (4) In any legal proceedings in respect of powers exercised under this section in which it is alleged that any animal, poultry, fish or articles of food were not exposed for sale, manufactured, slaughtered, skinned, cut up, stored, prepared, packed, cleansed kept for sale, sold or were not intended for human food, the burden of proof shall lie on the party so alleging.

No person shall in any manner whatsoever prevent the Commissioner or any other person duly authorised by him exercising his powers under section 389.

If any animal, poultry or fish intended for food appears to the Commissioner or to any other person duly authorised by him, to be diseased, or any food appears to him to be noxious, or if any utensil or vessel used for manufacturing, preparing or containing such article appears to be of such kind or in such state as to render the article noxious, he may seize or carry away or secure such animal, poultry, fish, article, utensil, or vessel, in order that the same may be dealt with as hereinafter provided. Explanation. – Meat subject to the process of blowing shall be deemed to be noxious.

• • 392. Removing or interfering with articles seized.- No person shall remove or in any way interfere with an animal or article secured under section 391.
• • 393. Power to destroy article seized.- (1) When any animal, poultry, fish or articles of food or any utensil or vessel is seized under section 391 it may with the consent of the owner or person in whose possession it was found, be forthwith destroyed and if the article is perishable, without such consent.

1. (2) Any expenses incurred in destroying anything under sub-section (1) shall be paid by the owner or person in whose possession it was at the time of its seizure.

1. (2) If it appears to the Magistrate having jurisdiction on complaint or suo motu after taking such evidence as he thinks necessary that any such animal, poultry or fish is diseased, or any such article is noxious or any such utensil or vessel is of such kind or in such state as is described in section 391, he may order the same, ---
   • (a) to be forfeited to the council;
   • (b) to be destroyed at the charge of the owner or person in whose possession it was at the time of seizure, in such manner as to prevent the same being again exposed or hawked about for sale, or used for human food or for the manufacture or preparation of or for containing, any such articles as aforesaid. Disposal of the dead

(1) Every owner or person having the control of any place used on the date of the commencement of this Act, as a place for burying, burning or otherwise disposing of the dead shall if such place be not already registered apply to the council to have such place registered.

1. (2) If it appears to the council that there is no owner or person having the control of such place, it shall assume such control and register such place, or may, with the sanction of the Government, close it.

(1) No new place for the disposal of the dead, whether public or private, shall be opened, formed, constructed, or used unless a licence has been obtained from the council on application.

1. (2) Such application for licence shall be accompanied by a plan of the place to be registered, showing the locality, boundary and extent thereof, the name of the owner or person or community interested therein, the system of management and such further particulars as the council may require.
2. (3) The council may ---
   • (a) grant or refuse a licence, or
   • (b) postpone the grant of a licence until objections to the site have been removed or any particulars called for by it have been furnished.

(1) The council, may, and shall if no sufficient provision exists, provide, at the cost of the municipal fund, places to be used as burial or burning grounds or crematoria, within the limits of the municipality, and may charge rents and fees for the use thereof. The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January, 1974.

1. (2) The council may farm out the collection of such rents and fees for any period not exceeding three years at a time and on such terms and conditions as it may think fit.

1. (2) Notice that such place has been registered, licenced or provided as aforesaid shall be affixed in English and in regional language to some conspicuous place at or near the entrance to the burial or burning ground or other place as aforesaid.
2. (3) No person shall bury, burn or otherwise dispose of any corpse except in a place which has been registered, licenced or provided, as aforesaid.
   • • 399. Report of burials and burnings.- The person having control of a place for disposing of the dead shall give information of every burial, burning or other disposal of a corpse at such place to any person appointed by the Commissioner in that behalf.
   • • 400. Prohibition against use of burial and burning grounds dangerous to health or over-crowded with graves.- (1) If the council is satisfied ---
   • (a) that any registered or licenced place for the disposal of the dead is in such a state or situation as to be, or likely to become, dangerous to the health of persons living in the neighbourhood thereof, or
   • (b) that any burial ground is over-crowded with graves and if in the case of a public burial or burning ground or other place as aforesaid another convenient place duly authorised for the disposal of the dead exists or has been provided for the persons who would ordinarily make use of such place, The section came into force on the 1st day of August, 1976 vide Extraordinary Gazette No. 342 dated 29th July 1976. it may, with the previous sanction of the Government, give notice that it shall not be lawful after a period to be specified in such notice to bury, burn or otherwise dispose of any corpse at such place.
3. (2) Every notice given under sub-section (1) shall be published in the Official Gazette and by beat of drum.
4. (3) After the expiry of the period specified in such notice it shall not be lawful to bury, burn or otherwise dispose of a corpse at such place.

148

dangerous to health or overcrowded with graves.

(a) burn, bury or otherwise dispose of any corpse except at a place provided or maintained for the purpose; (b) retain a corpse on any premises, without burning, burying or otherwise lawfully disposing of the same, for so long a time after death as to create a nuisance; (c) bury or cause to be buried any corpse or part thereof in a grave whether dug, or constructed of masonry or otherwise, in such manner that the surface of the coffin or the surface of body where no coffin is used, is at a depth less than one and a half metres from the surface of the ground; or (d) build or dig or cause to be built or dug any grave in any burial ground at a less distance than six decimetres from the margin of any other existing grave; or (e) carry a corpse along any street without having and keeping the same decently covered or without taking such precautions to prevent risk of infection or injury to the public health as the council may, by public notice, from time to time think fit to require; (f) except when no other route is available, carry a corpse along any street, along which the carrying of corpses is prohibited by a public notice issued by the council in this behalf; The section came into force on the 1st day of August, 1976 vide Extraordinary Gazette (g) remove a corpse which has been kept or used for purposes of dissection, otherwise than in a closed receptacle or vehicle; (h) whilst conveying a corpse, place or leave the same on or near any street without urgent necessity; (i) reopen for the interment of a corpse, a grave or vault already occupied; (j) after brining or causing to be brought to a burning ground any corpse fail to burn or cause the same to be burnt within six hours from the time of the arrival thereof at such ground; (k) when burning or causing to be burnt any corpse permit the same or any portion thereof to remain without being completely reduced to ashes or permit any cloth or other article used for the conveyance or burning of such corpse to be removed or to remain on or near the place of burning without its being completely reduced to ashes; (l) exhume any body except under the provisions of section 176 of the Code of Criminal Procedure, 1898** (Central Act 5 of 1898) or of any other law for the time being in force, from any place for the disposal of the dead. Explanation. – For the purposes of this section, the expression “corpse” includes any part thereof. (2) Any person who contravenes any provision of sub-section (1), shall, on conviction, be punished with fine which may extend to one hundred rupees or in default with imprisonment which may extend to one month. • 402. Certificate for disposal of the dead.- No person in charge of any place for the disposal of the dead shall permit the disposal of any dead body at such place except on the production of a certificate signed by such authority as may be prescribed. • 403. Fencing, etc., of private burial grounds.– The owner of, or other person having control over any private burial ground, shall fence and maintain the same properly to the satisfaction of the Commissioner. The section came into force on the 26th day of January, 1976 vide Extraordinary Gazette No. 11 dated 19th January, 1974. ** Now, Section 176 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).

(1) No person shall discharge the office of a gravedigger or other attendant at a public place for the disposal of the dead other than a place provided by the Government unless he has been licensed in that behalf by the Commissioner.

1. (2) The council may, after giving the holder of the licence an opportunity of showing cause, withdraw or cancel the licence. CHAPTER – XVI CATTLE-POUNDS ** 405. Cattle-trespass Act to cease to apply to municipalities. – The provisions of the Cattle-trespass Act, 1871 (Central Act 1 of 1871) (hereinafter in this section referred to as the said Act) shall cease to apply in relation to the municipalities to which this Act applies. Provided that:
   • (a) nothing in this section shall affect the liability of any person to any penalty under the said Act.
   • (b) any appointment, notification, order, rule made or issued or deemed to be made or issued under the said Act in respect of any cattle-pounds within the limits of any municipalities shall, so far as it is not inconsistent with the provisions of this Act, be deemed to have been made or issued under this Act, and continue in force until superseded by any appointment, notification, order or rule made or issued under this Act;
   • (c) any cattle-pound in this local area established or deemed to be established under the said Act shall be deemed to be vested in the council within whose limits it is situated and shall be maintained and managed by the council in accordance with the provisions of this Act. Explanation. – For the purposes of this Chapter, “cattle” means and includes bulls, bullocks, heifers, cows and their young, elephants, camels, buffaloes, horses, mares, geldings, ponies, colts, fillies, mules, asses, swine, sheep, rams, lambs, goats and kids. The section came into force on the 26th day of January, 1976 vide Extraordinary Gazette No. 11 dated 19th January, 1974. ** The section came into force on the 1st day of August, 1976 vide Extraordinary Gazette

1. (2) Every pound-keeper so appointed shall, in the performance of his duties, be subject to the directions and control of the municipal council.

(1) Every pound-keepers shall maintain such registers and prepare such returns as the Government may from time to time by rules prescribe.

1. (2) When cattle are brought to a pound, the pound-keepers shall enter in the register ---
   • (a) the number and description of the animals;
   • (b) the day and hour on and at which they were so brought;
   • (c) the name and residence of the seizer; and
   • (d) the name and residence of the owner; if known; and shall give the seizer or his agent a copy of the entry.
2. (3) The pound-keeper shall take charge of, feed and water, the cattle until they are disposed as hereinafter provided.

(1) It shall be the duty of every police officer and it shall be lawful for any municipal officer or servant authorised by the Commissioner in this behalf to seize and take to any public pound for confinement therein, any cattle found straying in any street or trespassing upon any private or public property within the municipal area.

1. (2) It shall be lawful for any person who is the owner or who is in- charge of any private or public property to seize and take to any such public pound for confinement therein, any cattle trespassing upon such property or causing damage thereto.
2. (3) Whoever forcibly opposes the seizure of cattle liable to be seized under this section, and whoever rescues the same after seizure, either from a pound or from any person taking or about to take them to a pound, shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees, or with both.

If the owner of cattle which are impounded under section 408 or his agent appears and claims such cattle, the pound-keeper shall deliver them to him on payment of the pound-fees and expenses chargeable in respect of such cattle under section 412.

(1) Every pound-keeper shall, before releasing any impounded cattle, require the owner of the impounded cattle or his agent to make, in the form prescribed by rules, a declaration regarding the ownership of such cattle and to deposit by way of security such sum as the Government may, by rules, prescribe. Different scales may be prescribed for different areas or different classes of cattle.

1. (2) If any cattle belonging to such owner are again impounded within a period of six months from the date on which the security is deposited and if the seizure is not adjudged illegal the amount of deposit or a part thereof, as may be prescribed by rules, shall stand forfeited to the council.

Sale of cattle not claimed.- (1) If within ten days after any cattle has been impounded, no person appearing to be the owner of such cattle claims the cattle

under section 409 such cattle shall be forthwith sold by auction.

1. (2) If within the period specified in sub-section (1) the owner or his agent claims the cattle but refuses or fails to pay the pound-fees and the expenses chargeable under the next succeeding section, the cattle or as many of them as may be necessary, shall be sold by auction: Provided that, if the cattle is not sold at auction under sub-section (1) or subsection (2), it shall be disposed of in such other manner as the Government may by rules prescribe.
2. (3) The Government may make rule prescribing the manner in which auction under sub-section (1) or sub-section (2) may be held.
3. (4) The surplus remaining after deducting the pound-fee and expenses aforesaid from the proceeds of the sale shall be paid to any person who within fifteen days after the sale, proves to the satisfaction of the Commissioner, that he was the owner of such cattle and shall, in any other case, form part of the municipal fund.
4. (5) No police officer, or councillor or officer or servant of the council, including the pond-keeper, shall directly or indirectly, purchase any cattle at a sale under sub-section (1) or sub-section (2).

(1) The pound-fee chargeable shall be such as the Government may, from time to time by rules prescribe for each kind of cattle.

1. (2) The expenses chargeable shall be at such rates for each day during any part of which any cattle is impounded, as the council may, by bye-laws, fix.

(1) Any person whose cattle have been seized under this chapter, or having been so seized, have been detained, in contravention thereof, may, at any time, within ten days from the date of the seizure, make a complaint to a Magistrate of the First Class.

1. (2) The complaint shall be made by the complaint in person or by an agent personally acquainted with the circumstances of the case. If the Magistrate on examining the complainant or his agent has reason to believe that the complaint is well founded, he shall summon the persons complained against, and make an inquiry into the case.
2. (3) If the seizure or detention be adjudged illegal, the Magistrate shall award to the complainant for the loss caused by the seizure or detention reasonable compensation not exceeding one hundred rupees to be paid by the person who made the seizure or detained the cattle, together with all fees paid and expenses incurred by the complaint in procuring the release of the cattle, and if the cattle have not been released, the Magistrate shall, besides awarding such compensation, order their release and direct that the fees and expenses leviable under this Chapter shall be paid by the person who made the seizure or detained the cattle. The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January 1974.
3. (4) The compensation, fees and expenses, mentioned in this section, may be recovered as if they were fines imposed by the Magistrate. CHAPTER – XVII EVICTION OF PERSONS FROM MUNICIPAL PREMISES

1. (a) “municipal premises” means any lands or any building or part of a building belonging to or vesting in, the municipal council and includes --
   • (i) the garden, grounds and out-houses, if any, appertaining to such building or part of a building; and
   • (ii) any fittings affixed to such building or part of a building for the more beneficial enjoyment thereof;
2. (b) “unauthorised occupation”, in relation to any municipal premises, means the occupation, by any person of the municipal premises without authority for such occupation and includes the continuance in occupation by any person of the municipal premises after the authority (whether by way of grant or any other mode of transfer) under which he was allowed to occupy the premises has expired or has been determined for any reason whatsoever.

(1) If the Commissioner is of opinion that any persons are in unauthorised occupation of any municipal premises and that they should be evicted, the Commissioner shall issue in the manner hereinafter provided a notice in writing calling upon all persons concerned to show cause why an order of eviction should not be made.

1. (2) The notice shall, ---
   • (a) specify the grounds on which the order of eviction is proposed to be made; and
   • (b) require all persons concerned, that is to say, all persons who are, or may be, in occupation of, or claim interest in, the municipal premises, to show cause, if any, against the proposed order on or before such date as is specified in the notice, being a date not earlier than ten days from the date of issue thereof.
2. (3) The Commissioner shall cause the notice to be served by having it affixed on the outer door or some other conspicuous part of the municipal premises and in such other manner as may be prescribed, whereupon the notice shall be deemed to have been duly given to all persons concerned.
3. (4) Where the Commissioner knows or has reason to believe that any persons are in occupation of the municipal premises, then without prejudice to the provisions of sub-section (3), he shall cause a copy of the notice to be served on every such person in the manner provided in section 467.

(1) If, after considering the cause, if any, shown by any person in pursuance of a notice under section 115 and any evidence he may produce in support of the same and after giving him a reasonable opportunity of being heard, the Commissioner is satisfied that the municipal premises are in unauthorised occupation, the Commissioner may, on a date to be fixed or the purpose, make an order of eviction for reasons to be recorded therein directing that the municipal premises shall be vacated by all persons who may be in occupation thereof or any part thereof, and cause a copy of the order to be affixed on the outer door or some other conspicuous part of the municipal premises.

1. (2) If any person refuses or fails to comply with the order of eviction within thirty-five days of the date of its publication under sub-section (1), the Commissioner or any other officer duly authorised by the Commissioner in this behalf may evict that person from, and take possession of, the municipal premises and may, for that purpose, use such force as may be necessary.

1. (1) Where any persons have been evicted from any municipal premises under section 416, the Commissioner may, after giving fourteen days’ notice to the person from whom possession of the municipal premises has been taken and after publishing the notice in at least one newspaper having circulation in the locality, remove or cause to be removed or dispose of by public auction any property remaining on such premises.
2. (2) Where any property is sold under sub-section (1) the sale proceeds shall, after deducting the expenses of the sale and amount, if any, due to the municipal council on account of arrears of rent or damages or costs, be paid to such person or persons as may appear to the Commissioner to be entitled to the same: Provided that where the Commissioner is unable to decide as to the person or persons to whom the balance of the amount is payable or as to the apportionment of the same, he may refer such dispute to the civil court of competent jurisdiction and the decision of the court thereon shall be final.

1. (2) Where any person, is, or has at any time been in unauthorised occupation of any municipal premises, the Commissioner may, having regard to such principles of assessment of damages as may be prescribed, assess the damages on account of the use and occupation of such premises and may by an order in writing, require that person to pay the damages within such time and in such instalments as may be specified in the order.
2. (3) No order under sub-section (1) or sub-section (2) shall be made against any person until after the issue of a notice in writing to the person calling upon him to show cause within such time as may be specified in the notice why such order should not be made and until his objections, if any, and any evidence he may produce in support of the same, have been considered by the Commissioner.

The Commissioner shall, for the purpose of holding any inquiry under this Chapter, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (Central Act 5 of 1908) when trying a suit, in respect of the following matters, namely: --

1. (a) summoning and enforcing the attendance of any person and examining him on oath;
2. (b) requiring the discovery and production of documents;
3. (c) any other matter which may be prescribed. The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January 1974.

(1) An appeal shall lie from every order of the Commissioner made in respect of any municipal premises under section 416 or section 418 to an appellate officer who shall be the District Judge or any other Judge not below the rank of a Subordinate Judge as may be specified by him in this behalf.

1. (2) An appeal under sub-section (1) shall be preferred, ---
   • (a) in the case of an appeal from an order under section 416, within fifteen days from the date of publication of the order under subsection (1) of that section; and
   • (b) in the case of an appeal from an order under section 418, within fifteen days from the date on which the order is communicated to the appellant: Provided that the appellate officer may entertain the appeal after the expiry of the said period of fifteen days, if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
2. (3) Where an appeal is preferred from an order of the Commissioner, the appellate officer may stay the enforcement of that order for such period and on such conditions as he deems fit.
3. (4) Every appeal under this section shall be disposed of by the appellate officer as expeditiously as possible.
4. (5) The cost of any appeal under this section shall be in the discretion of the appellate officer.
   • • 421. Finality of orders.- Save as otherwise expressly provided in this Chapter, every order made by the Commissioner or appellate officer under this Chapter shall be final and shall not be called in question in any original suit, application or execution proceedings.
   • • 422. Offences and Penalties.- (1) If any person who has been evicted from any municipal premises under this Act again occupies the premises without authority for such occupation, he shall be punishable with imprisonment which may extend to one year, or with fine which may extend to one thousand rupees, or with both. The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January 1974.
5. (2) Any Magistrate convicting a person under sub-section (1) may make an order for evicting that person summarily and he shall be liable to such eviction without prejudice to any action that may be taken against him under this Act.

(1) The Government may, by notification, make rules generally to provide for or to regulate matters in respect of eviction from municipal premises to be made under this Act.

1. (2) In particular, and without prejudice to the generality of the foregoing powers such rules may provide for all or any of the following matters, namely: --
   • (a) the form of any notice required or authorised to be given under this Act and the manner in which it may be served;
   • (b) the holding of inquiries under this Act;
   • (c) the procedure to be followed in taking possession of municipal premises;
   • (d) the manner in which damages for unauthorised occupation may be assessed and the principles which may be taken into account in assessing such damages;
   • (e) the manner in which appeals may be preferred and the procedure to be followed in appeals;
   • (f) any other matter which has to be or may be, prescribed. CHAPTER – XVIII THE PREVENTION OF DISEASE Infectious diseases

In this Act, “infectious disease” means – (a) acute influenzal pneumonia; (b) anthrax; The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January 1974.

1. (c) cerebrospinal fever;
2. (d) chicken pox;
3. (e) cholera;
4. (f) diphtheria;
5. (g) enteric fever;
6. (h) leprosy;
   • (i) measles;
7. (j) plague;
8. (k) rabies;
9. (l) relapsing fever;
10. (m) scarlet fever;
11. (n) smallpox;
12. (o) tuberculosis;
13. (p) typhus; or
14. (q) any other disease which the Government may, from time to time, by notification, declare to be an infectious disease, either generally throughout the Union territory or in such part or parts thereof as may be specified in the notification.

1. (2) (a) The information shall be communicated in such form and with such details as the Commissioner may require.
   • (b) The Commissioner may pay a fee not exceeding one rupee for each intimation by a private medical practitioner of a case occurring in his practice.
2. (3) The provisions of this section shall apply to a hakeem or a vaidyan.
3. (4) With the previous approval in all cases of the Director, the Commissioner may direct the compulsory notification, by the owner or occupier of every house within the municipal limits during such period and to such officer, as the Commissioner may specify, of all deaths from, or occurrence of infectious diseases in his house.
   • • 426. Power of entry into suspected places.- The Commissioner or health officer or any person duly authorised by the Commissioner or health officer may, at any time by day or by night without notice, or after giving such notice as may appear to him reasonable, inspect any place in which any infectious disease is reported or suspected to exist, and take such measure as he may think fit to prevent the spread of such disease beyond such place.
   • • 427. Disinfection of buildings and articles.- (1) If the Commissioner or health officer is of opinion that the cleaning or disinfecting of any premises or part thereof, or of any article therein which is likely to retain infection, will tend to prevent or check the spread of any infectious disease, he may, by notice require the occupier to cleanse or disinfect the same in the manner and within the time specified in such notice.
4. (2) If the Commissioner or health officer considers that immediate action is necessary, or that the occupier is, by reason of poverty or otherwise, unable effectually to comply with his requisition, the Commissioner or health officer may himself, without notice cause such premises or article to be cleansed or disinfected and for this purpose may cause such article to be removed from the premises, and the expenses incurred by the Commissioner or health officer shall be recoverable from the said occupier in cases in which he is, in the opinion of the Commissioner or health officer, able effectually to comply with such requisition.

The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January 1974.

1. (2) The Commissioner may direct any clothing, bedding or other articles likely to retain such infection to be disinfected or destroyed and shall, on demand, give compensation for any article destroyed under this sub-section.
2. (3) No person shall wash such clothing or bedding or other articles in any place other than those set apart for such purposes under sub-section (1).

No person shall, without previously disinfecting it, give, lend, let, hire, sell, transmit, or otherwise dispose of any article which he knows or has reason to believe has been exposed to infection from any infectious disease: Provided that noting in this section shall apply to a person who transmits with proper precaution any article for the purpose of having it disinfected.

• • 430. Power of council to prohibit use of water likely to spread infection.- If the Director of Medical Services, the health officer or the local medical officer certifies that the water in any well, tank or other place within the limits of the municipality is likely, if used for drinking to endanger or cause the spread of any infectious disease, the council may, by public notice, prohibit the removal or use of such water for drinking and domestic purpose during a specified period.
• • 431. Commissioner may order removal of patients to hospital.- When a hospital or other place for the reception of persons suffering from infectious diseases is provided by the municipal council, the Commissioner may, on a certificate signed by a registered medical practitioner arrange for, or direct, the removal to such hospital or place of any person suffering from an infectious disease who is in the opinion of such medical practitioner, without proper lodging or accommodation, or without medical supervision directed to prevent the spread of the disease, or who is in a place occupied by more than one family.
• • 432. Prohibition against infected person carrying on occupation.- If any person knows or has been certified by the health officer, the local medical officer or a registered medical practitioner that he is suffering from an infectious disease, he shall not engage in any occupation or carry on any trade or business unless he can do so without risk of spreading the disease.
• • 433. Prohibition against diseased person entering public conveyance.- (1) No person who is suffering from any infectious disease shall, without taking proper precautions against spreading such disease, cause or suffer himself to be conveyed in a public conveyance.

1. (2) No person who is suffering from any infectious disease shall enter a public conveyance without previously notifying to the owner or driver or person in charge of such conveyance that he is so suffering.
2. (3) No owner, driver, or person in charge of a public conveyance shall knowingly carry or permit to be carried in such conveyance any person suffering as aforesaid in contravention of sub-section (1).
3. (4) Notwithstanding anything contained in any law relating to public conveyances for the time being in force no owner or driver or person in charge of a public conveyance shall be bound to convey any person suffering as aforesaid unless and until the said person pays or tenders a sum sufficient to cover any loss and costs that may be incurred in disinfecting such conveyance.
4. (5) (a) A court convicting any person of contravening sub-section (1) or sub-section (2) may levy, in addition to the penalty for the offence provided in this Act, an additional fine of such amount as the court deems sufficient to cover the loss and costs which the owner or driver must incur for the purpose of disinfecting the conveyance.
   • (b) The amount of any additional fine so imposed shall be awarded by the court to the owner or driver of the conveyance: Provided that if such additional fine is imposed in a case which is subject to appeal the amount shall not be paid to the owner or driver before the period allowed for presenting the appeal has lapsed, or, if any appeal is presented, before the decision of the appeal.
5. (6) At the time of awarding compensation in any subsequent civil suit relating the same matter, the court shall take into account any sum which the plaintiff shall have received under this section.

infection.

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(1) No person shall let or sub-let or for that purpose allow any person to enter a building or any part of a building in which he knows or has reason to believe that a person has been suffering from any infectious disease without having the same and all articles therein liable to retain infection disinfected to the satisfaction of the Commissioner.

1. (2) For the purposes of sub-section (1), the keeper of a hotel or lodging house shall be deemed to let the same or part of the same to any person accommodated therein.
   • • 435. Power to order closure of places of public entertainment.- In the event of the prevalence of any infectious disease within the municipality, the council may by notice require the owner or occupier of any building, booth or tent used for purposes of public entertainment to close the same for such period as it may fix.
   • • 436. Minor suffering from infectious disease not to attend school or college.(1) No person being the parent or having the care or charge of a minor who is or has been suffering from an infectious disease or has been exposed to infection therefrom shall, after a notice from the health officer or the local medical officer that the minor is not to be sent to school or college, permit such minor to attend school or college without having procured from the health officer the local medical officer or a registered medial practitioner a certificate that in his opinion such minor may attend without undue risk of communicating such disease to others.
2. (2) No fee shall be charged by the health officer or the local medical officer for the grant of a certificate under this section. Small Pox

Small-pox

(1) Vaccination shall be compulsory in every municipality in respect of such persons and to such extent as may be prescribed.

1. (2) The procedure prescribed in such rules for enforcing vaccination shall be observed.
   • • 438. Obligation to give information of smallpox.- Where an inmate of any dwelling place is suffering from smallpox, the head of the family to which the inmate belongs and in his default, the occupier or person in charge of such place, shall inform the Commissioner with the least practicable delay.
   • • 439. Restriction on entry of persons inoculated for smallpox.- No person who has undergone the operation of inoculation shall enter any municipality before the lapse of forty days from the date of inoculation without a certificate from a medical practitioner of such class as the council may authorise to grant such certificates, stating that such person is no longer likely to produce smallpox by contact or near approach CHAPTER – XIX RULES, BYE-LAWS AND REGULATIONS Rules
   • • 440. Power of Government to make rules.- (1) Without prejudice to any power to make rules contained elsewhere in this Act, the Government may, by notification, make rules 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 or regulate ---
   • (a) all matters expressly required or allowed by this Act to be prescribed;
   • (b) all maters not expressly provided for in this Act relating to the election of Chairman and Vice-Chairman;
   • (c) the conditions on which property may be acquired by the municipal council or on which property vested in or belonging to the municipal council may be transferred by sale, mortgage, lease, exchanges or otherwise;
   • (d) the conditions on which the property of any charitable endowment the management and superintendence of which have been made over to the municipal council may be acquired by it or on which property so acquired may be transferred by sale, mortgage, lease, exchange or otherwise;
   • (e) the working of provident funds;
   • (f) the matters mentioned in section 198, the conditions on which grants-in-aid shall be paid from the municipal fund for purposes of medical relief and the conditions on which grants and loans may be made to co-operative building societies;
   • (g) the intermediate offices, if any, through which correspondence between the municipal authorities and the Government or officers of the Government shall pass;
   • (h) the preparation of plans and estimates for works which are to be partly or wholly constructed at the expense of the municipal council and the power of the municipal authorities or officers of the Government to accord professional or administrative sanction to estimates;
     • (i) the accounts to be kept by the municipal council; the manner in which such accounts shall be audited and published and the conditions under which the rate-payers may appear before auditors, inspect books and vouchers and take exception to items entered or omitted therein;
   • (j) the estimate of receipts and expenditure returns, statements and reports to be submitted by municipal council;
   • (k) the mode in which the officers of the Government shall advise and assist municipal councils in carrying out the purposes of this Act;
   • (l) the interpellation of the Chairman by the members of the council;
   • (m) the moving of resolutions at the meetings of the council;
   • (n) the sharing between local authorities of the proceeds of the profession tax and other taxes or income levied or obtained under this Act or any other Act;
   • (o) the form and the manner in which the registers for vital statistics shall be maintained, the form of returns or certificates and the fees in respect thereof;
   • (p) the transfer of allotments entered in the sanctioned budget of a municipal council from one head to another;
   • (q) the powers of auditors, inspecting and superintending officers and officers authorised to hold inquiries, to summon and examine witnesses, and to compel the production of documents and all other matters connected with audit, inspection and superintendence;
   • (r) determining the cost of buildings and lands;
   • (s) the appeal against the orders of the Commissioner for which no provision has been made in this Act.
3. (3) In making any rule, the Government may provide that a breach thereof shall be punishable with fine which may extend to one hundred rupees.
4. (4) Every rule made under this Act, shall, as soon as may be after it is made, be laid before the Legislative Assembly of Puducherry while it is in session for a total period of fourteen days which may be comprised in one session or in two or more successive sessions, and if before the expiry of the session in which it is so laid or the sessions aforesaid, the 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.

CHAPTER - XIX Rules, Bye-laws and Regulations Rules

(1) The Government, may, by notification, alter, add to, or cancel any of the provisions of Schedule III.

1. (2) All references made in this Act to the aforesaid Schedule shall be construed as referring to such Schedule as for the time being amended in exercise of the powers conferred by sub-section (1).

A draft of the notification proposed to be made under sub-section (1) of section 441 shall be laid before the Legislative Assembly of Puducherry and the notification shall not be made unless the Assembly approves the draft either with or without modification or addition; but upon such approval being given, the notification may be made in the form in which it has been approved.

• • The section came into force on the 1st day of August, 1976 vide Extraordinary Gazette No. 342 dated 29th July 1976. Bye-laws
• • 443. Power of council to make bye laws.- The council may make bye-laws not inconsistent with this Act or the rules made thereunder or any other law to provide for all or any of the following matters, namely: --

1. (1) securing cleanliness, safety and order and the good Government and well-being of the municipality and carrying out all or any of this purposes of this Act;
2. (2) all matters expressly required or allowed by this Act to be provided for or regulated by bye-law;
3. (3) the due performance by all municipal officers and servants of the duties assigned to them;
4. (4) the time and mode of collecting the taxes and duties under this Act;
5. (5) determining the conditions under which lands shall be deemed to be appurtenant to buildings;
6. (6) (a) the use of public tanks, wells, conduits and other places or works for water supply;
   • (b) the regulation of public bathing, washing and the like;
   • (c) the maintenance and protection of the water-supply system, and the protection of the water-supply from contamination;
   • (d) the conditions on which house connections with the council’s watersupply mains may be made; their alteration and repair and their being kept in proper order;
   • (e) supply of water for domestic consumption and use;
   • (f) the prevention of waste of water;
   • (g) the measurement of water;
   • (h) the compulsory provision of cisterns and metres;
     • (i) the supply of water in case of fires; The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January 1974.
7. (7) the maintenance and protection of the lighting system;
8. (8) (a) the maintenance and protection of the drainage system;
   • (b) the construction of house drains and regulating their situation, mode of construction and materials;
   • (c) the alteration and repair of house drains;
   • (d) the cleaning of house drains;
   • (e) the construction of cess-pools septic tanks, filters and drains;
   • (f) the payment of apportionment of money payable on account of pipes or drains common to more premises than one;
9. (9) the cleaning of latrines, earth-closets, ash-pits and cess-pools and the keeping of latrines supplied with sufficient water for flushing;
10. (10) (a) the testing of water pipes and drains in private premises, the recovery or the apportionment of the cost of such testing, and the breaking-up of ground or of buildings for the purpose of such testing;
    • (b) the licensing of plumbers and fitters and the compulsory employment of licensed plumbers and fitters;
11. (11) (a) the laying out of streets and determining the information and plans to be submitted with applications for permission to lay out streets, and regulating the level and width of public streets and the height of buildings abutting thereon.
    • (b) the protection of avenues, trees, grass and other appurtenances of public streets and other places;
12. (12) The regulation of the use of parks, gardens and other public or municipal places but not including the regulation of traffic therein, the reservation thereof for particular kinds of traffic, or the closing thereof or parts thereof to traffic;
13. (13) (a) the regulation of building;
    • (b) determining the information and plans to be submitted with applications;
    • (c) the licensing of builders and surveyors; and the compulsory employment of licensed builder and surveyors;
14. (14) the regulation of hotels, lodging houses, boarding houses, choultries, rest houses, emigration depots, restaurants, eating-houses, cafes, refreshment rooms, coffee-houses and any premises to which the public are admitted for repose or for the consumption of any food or drink;
15. (15) regulating the mode of constructing stables, cattle-sheds and cow- houses and connecting them with municipal drains;
16. (16) the sanitary control and supervision of places used for any of the purposes specified in Schedule III and of any trade or manufacture carried on therein;
17. (17) (a) the control and supervision of slaughter houses and of places used for skinning and cutting up carcasses;
    • (b) the control and supervision of the methods of slaughtering;
    • (c) the control and supervision of butchers carrying on business in the municipality;
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 dairy man or milk seller;
19. (19) enforcing the cleanliness of milk stores and milk shops and vessels and utensils used by the keepers thereof or by hawkers for containing or measuring milk or preparing any milk product and enforcing the cleanliness of persons employed in the milk trade;
20. (20) requiring notice to be given whenever any milch animal is affected with any contagious disease and prescribing the precautions to be taken in order to protect milch cattle and milk against infection and contamination.
21. (21) (a) the inspection of public and private markets and shops and other places therein:
    • (b) the regulation of their use and the control of their sanitary condition;
    • (c) licensing and controlling brokers, commission agents, weighmen and measures practicing their calling in markets;
22. (22) prescribing the method of sale of articles whether by measure, weight, tale or piece;
23. (23) prescribing and providing standard weights, scales and measures and preventing the use of any others;
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) (a) the regulation of burial and burning grounds and other places for the disposal of corpses;
    • (b) the levy of fees for use of such burial and burning grounds and the mode of crematoria as are maintained by the council;
    • (c) the period for which corpses shall be kept for inspection;
    • (d) the period within which corposes shall be conveyed to a burial or burning ground and the mode of conveyance of corposes through public places;
26. (26) the registration of vital statistics;
27. (27) the training and licensing of dhais and midwives;
28. (28) the enumeration of the inhabitants of the municipality;
29. (29) the prevention of infectious diseases of human beings 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) generally for carrying out all or any of the purposes of this Act.

Bye-laws with regard to the drainage of, and supply of water to buildings and water-closets, earthclosets, privies, ash-pits and cess-pools in connection with buildings and the keeping of water-closets supplied with sufficient water for flushing may be made so as to affect buildings erected before the commencement of this Act or the making of the bye-laws thereunder. The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January 1974.

In making a bye-law, the municipal council may, subject to the provisions of clause (1) of article 20 of the Constitution, provide that a breach thereof shall be punishable --

1. (a) with fine which may extend to fifty rupees, and in case of a continuing breach with fine which may extend to fifteen rupees for every day during which the breach continues after conviction for the first breach, or
2. (b) with fine which may extend to ten rupees for every day during which the breach continues after receipt of notice from the Commissioner to discontinue such breach.
   • • 446. Conditions precedent to making bye-laws.- The municipal council shall, before making or altering bye-laws or cancelling them, publish a draft of the proposed bye-laws and alteration or cancellation together with a notice specifying a date at or after which such draft will be taken into consideration, and shall, before making the bye-laws or alterations, or cancellation receive and consider any objections or suggestions which may be made in respect of such draft by any person interested therein before the date so specified.
   • • 447. Confirmation of bye-laws by Government.- (1) No bye-law or alteration or cancellation of a bye-law shall have effect until the same shall have been approved and confirmed by the Government. Explanation. – The Government may, in approving a bye-law, make any change therein which it appears to it to be necessary.

1. (2) Any bye-law or alteration, cancellation of a bye-law when it shall have been duly confirmed shall ---
   • (a) be published in the Official Gazette in English and in the regional language; and
   • (b) come into operation at the expiration of such period not being less than fifteen days, or more than three months from the date of its publication in English under clause (a) as may be specified in the rules made in this behalf in relation to any matter or class of matters.

Regulations made by the municipal authorities under this Act shall, save as otherwise provided by or under this Act, be published in such manner as the council may determine. CHAPTER – XX PENALTIES

** 449. Punishment for certain offences.- Whoever –

1. (a) contravenes any provision of any of the sections, sub-sections or clauses or other provisions of this Act mentioned in the column 1 of the Table in Schedule XIII, or
2. (b) fails to comply with any order or direction lawfully given to him or any requisition lawfully made upon him under any of the said sections, sub-sections or clauses or other provisions, shall be punishable, (i) with fine which may extend to the amount specified in that behalf in the column 3 of the said Table; and
   • (ii) in the case of continuing contravention or failure with an additional fine which may extend to the amount, if any, specified in the column 4 of that Table for every day during which such contravention or failure continues after conviction for the first such contravention or failure.

(1) Whoever acts as a member of a municipal council knowing that under this Act or the rules made thereunder he is not entitled or has ceased to be entitled to hold such office shall be punishable with fine which may extend to two hundred rupees for every such offence.

1. (2) Whoever acts as or exercises the functions of the Chairman or ViceChairman of a municipal council knowing that under this Act or the rules made thereunder he is not entitled or has ceased to be entitled to hold such office or to exercise such functions shall be punishable with fine which may extend to one thousand rupees for every such offence.
   • • The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January 1974. ** The provisions of section 449 read with schedule-XII, in so for as it relates to the regulation of milk trade was declared extended to the Commune Panchayats specified below with effect from 16th July, 1974 vide Extraordinary Gazette No.92, dated 22nd July, 1974. 1. Oulgaret Commune Panchayat 4. Mannadipet Commune Panchayat 2. Ariankuppam Commune Panchayat 5. Nettapakkam Commune Panchayat 3. Villianur Commune Panchayat 6. Bahur Commune Panchayat
2. (3) If the Chairman or Vice-Chairman of a municipal council fails to hand over any documents of, or any moneys or other properties vested in, or belonging to, the municipal council which are in or have come into his possession or control, to his successor in office or other prescribed authority, in every case as soon as his term of office as Chairman or Vice-Chairman expires and in the case of the Vice-Chairman also on demand by the Chairman, such Chairman or ViceChairman shall be punishable with fine which may extend to one thousand rupees for every such offence.
   • • 451. Penalty for continuing meeting in contravention of rules, etc. – Any person who continues, or purports to continue, to hold, or votes at, or takes part in, a meeting of the municipal council after it has been adjourned in accordance with the provisions of this Act or of the rules or regulations made thereunder shall be punishable with fine which may extend to one hundred rupees.
   • • 452. Penalty for acquisition by municipal officer of interest in contract or work.- If any municipal officer or servant knowingly acquires, directly or indirectly, by himself or by a partner or employer or servant, any personal share or interest in any contract or employment with by, or on behalf of the municipal council, he shall be deemed to have committed an offence under section 168 of the Indian Penal Code (Central Act 45 of 1860): Provided that no person shall, by reason of being a share-holder in, or member of, any company, be held to be interested in any contract entered into between such company and the council, unless he is a director of such company: Provided further that nothing in this section shall apply to a teacher employed by a municipal council who, with the sanction of the Government, enters into a contract with the municipal council with regard to the utilization for the purpose of a school of any land or building owned by him or in which he has a share or interest.

or work.

(i) commenced without the previous permission of the Commissioner, or (ii) carried on or completed otherwise than in accordance with the particulars on which such permission was based, or (iii) carried on or completed in contravention of any lawful order or in breach of any provision contained in this Act or in any rule or bye-law made thereunder or of any direction or requisition lawfully given or made, or (b) any --(i) alterations or additions required by any notice issued under section 300 or section 313 are not duly made, or (ii) person to whom a direction is given by the Commissioner to alter or demolish a building or well under section 314 fails to obey such direction, the owner of the building or well or the said person, as the case may be punishable with fine which may extend in the case of a building to five hundred rupees and in the case of a well or hut to fifty rupees, and to a further fine which may extend in the case of a building to one hundred rupees, and in the case of a well or hut to ten rupees, for each day during which the offence is proved to have continued after the first day.

(1) In the absence of a written contract to the contrary, every scavenger employed by the municipal council shall be entitled to one month’s notice before discharge or to one month’s wages in lieu thereof, unless he is discharged for misconduct or was engaged for a specified term and discharged at the end of it.

1. (2) If any scavenger employed by the council in the absence of a written contract authorising him so to do, and without reasonable cause, resigns his employment or absents himself from his duties without giving one month’s notice to the council, or neglects or refuses to perform his duties, or any of them, he shall be punishable with imprisonment for a term which may extend to two months or with fine which may extend to fifty rupees or with both.
2. (3) The Government may, by notification, direct that, on and from a date to be specified in the notification, the provisions of sub-section (1) and (2) with respect to scavengers shall apply also to any specified class of municipal servants whose functions intimately concern the health or safety of the public.
   • • 455. Wrongful restraint of Commissioner and his delegate.- Every person who prevents the Commissioner or any other person authorised by the Commissioner from exercising his lawful power of entering into or on any land or building shall be deemed to have committed an offence under section 341 of the Indian Penal Code (Central Act 45 of 1860).
   • • 456. Penalty for not giving information or for giving false information.- If any person who is required by the provisions of this Act or by any notice or other proceedings issued under this Act to furnish any information--
   • (a) omits to furnish it, or
   • (b) knowingly or negligently furnishes false information, such person shall be punishable with fine which may extend to one hundred rupees. CHAPTER – XXI

CHAPTER - XXI Procedure and Miscellaneous Licences and permissions

General provisions regarding licences and permissions.- (1) Every licence and permission granted under this Act or any rule or bye-law made thereunder shall specify the period, if any, for which, and restrictions, limitations and conditions, subjects to which the same is granted and shall be signed by the Commissioner.

1. (2) Save as otherwise expressly provided in or may be prescribed under this Act, for every such licence or permission, fees shall be paid in advance on such units, and at such rates, as may be fixed by the municipal council.
2. (3) The council may ---
   • (a) place the collection of such fees under the management of such persons as may appear to it proper, or
   • (b) farm out such collection any period not exceeding three years at a time and on such terms and conditions as it may think fit.
3. (4) Every order of a municipal authority granting or refusing a licence or permission shall be published on the notice board of the municipal council.
4. (5) Every order of a municipal authority refusing, suspending, cancelling or modifying a licence or permission shall be in writing and shall state the grounds therefor.
5. (6) Subject to the special provisions in Chapter XIII and Chapter XV regarding buildings and private markets, and subject to such sanction as may be required for the refusal of a licence or permission, any licence or permission granted under this Act or any rule or bye-law or regulation made thereunder, may at any time be suspended or revoked by the Commissioner if any of its restrictions, limitations or conditions is evaded or infringed by the grantee, or if the grantee is convicted of a breach of any of the provisions of this Act, or of any rule by-law or regulation made thereunder in any matter to which such licence or permission relates, or if the grantee has obtained the same by misrepresentation or fraud: Provided that no such suspension or revocation shall be made except after giving the holder of the licence or permission a reasonable opportunity of being heard.
6. (7) It shall be the duty of the Commissioner to inspect places in respect of which a licence or permission is required by or under this Act, and he may enter any such place between sunrise and sunset and also between sunset and sunrise if it is open to the public or any industry is being carried on it at the time, and if he has reason to believe that anything is being done in any place without a licence or permission where the same is required by or under this Act or otherwise than in conformity with the same, he may, at any time, by day or night without notice enter such place for the purpose of satisfying himself whether any provision of law, rules, bye-laws or regulations, and condition of a licence or permission or any lawful direction or prohibition is being contravened and no claim shall lie against any person for any damage or inconvenience necessarily caused by the exercise of powers under this sub-section , by the Commissioner or any person authorised by him in this behalf or by any force necessary for effecting on entrance under this subsection.
7. (8) When any licence or permission is suspended or revoked, or when the period for which it was granted, or within which application for renewal should be made, has expired, whichever expires later, the grantee shall, for all purposes of this Act or any rule or bye-law made thereunder, be deemed to be without a licence or permission until the order suspending or revoking the licence or permission is cancelled, or subject to sub-section (13), until the licence or permission is renewed, as the case may be.
8. (9) Every grantee of any licence or permission shall at all reasonable times, while such licence or permission remains in force, produce the same at the request of the Commissioner.
9. (10) Whenever any person is convicted of an offence in respect of the failure to obtain a licence or permission or to make a registration required by the provisions of this Act or any rule or bye-law made thereunder the Magistrate shall, in addition to any fine which may be imposed, recover summarily and pay over to the municipal council the amount of the fee chargeable for the licence or permission or for registration and may in his discretion also recover summarily and pay over to the council such amount, if any, as he may fix as the costs of the prosecution.
10. (11) Save as otherwise expressly provided in or may be prescribed under this Act, every application for a licence or permission or for registration or the renewal of a licence or permission or registration, shall be made not less than thirty days and not more than ninety days before the commencement of the year.
11. (12) Such recovery of the fee under sub-section (10) shall not entitle the person convicted to a licence or permission or to registration as aforesaid.
12. (13) The acceptance by the municipal council of the prepayment of the fee for a licence or permission or for registration shall not entitle the person making such prepayment to the licence or permission or to registration, as the case may be, but only to refund of an amount not exceeding one-half of the fee as may be decided by the municipal council in case of refusal of the licence or permission or of registration but an applicant for the renewal of a licence or permission or registration shall, until communication of orders on his application, be entitled to act as if the licence or permission or registration had been renewed and save as otherwise specifically provided in this Act, if orders on an application for licence or permission or for registration are not communicated to the applicant within sixty days after the receipt of the application by the Commissioner, the application shall be deemed to have been allowed for the year or for such less period as is mentioned in the application, and subject to the law, rules, bye-laws, regulations and all conditions ordinarily imposed.

(1) An appeal shall lie to the standing committee or if no such committee has been constituted, to the council from --

1. (a) any notice issued or other action taken or proposed to be taken by the Commissioner ---
   • (i) under section 223, section 231, section 238, section 239, section 240, section 242, sub-section (1) or sub-section (3) of section 300, sub-section (3) of section 314, sub-section (1) of section 317, sub-section (1) of section 318, sub-section (1) of section 323, section 325, section 335 section 346, or section 347, or
   • (ii) under any bye-law concerning house drainage and the connection of house-drains with municipal drains or house connections with municipal water-supply or lighting mains, or
2. (b) any refusal by the Commissioner to approve a building site under section 294, or
3. (c) any direction by the Commissioner levying a penalty under section 315: Provided that no appeal against such a direction shall be entertained unless the appellant has paid the penalty which fell due up to the date on which the appeal is presented by him: Provided further that the municipal council shall have no power to stay the collection of any penalty which may fall due during the pendency of the appeal, or
4. (d) any order of the Commissioner granting or refusing a licence or permission,
5. (e) any order of the Commissioner made under sub-section (6) of section 457, suspending or revoking a licence, or
6. (f) any other order of the Commissioner that may be made appealable by rules made under section 440.

1. (2) Every such appeal shall be disposed of by the standing committee or, as the case may be, by the council within one month from the date of its receipt in the municipal office and, if not disposed of within that time, shall be transmitted by the Commissioner to such officer as may be specified by the Government by order for disposal.
2. (3) The decision of the standing committee or the council or the officer specified under sub-section (2), as the case may be, on any such appeal shall, subject to the provisions of sub-section (4), be final and the standing committee or the council or the said officer shall have no power to revise its or his decision.
3. (4) The Government may, at any time, call for and examine the records relating to any such appeal, and pass such orders as it may deem fit.

(1) In any case in which no time is prescribed by the foregoing provisions of this Act for the presentation of an appeal allowed thereunder, such appeal shall be presented ---

1. (a) where the appeal is against an order granting a licence or permission within thirty days after the date of the publication of the order on the notice board of the municipal council, and
2. (b) in other cases, within thirty days after the date of the receipt of the order or proceeding against which the appeal is made.

1. (2) The provisions of section 5 of the Limitation Act, 1963, shall, so far as may be, apply to any such appeal.
   • • 460. Power of persons conducting election and other inquiries.- All persons authorised by rule to conduct inquiries relating to elections and all inspecting or superintending officers holding any inquiry into matters falling within the scope of their duties shall have, for the purposes of such inquiry, the same powers in regard to the issue of summonses for the attendance of witnesses and the production of documents and other articles as the civil courts have under the Code of Civil Procedure, 1908 (Central Act 5 of 1908), and all persons to whom summonses are issued by virtue of the said powers shall be bound to obey such summonses.
   • • 461. Summons to attend and give evidence or produce documents.- The Commissioner may summon any person to attend before him and to give evidence or produce documents, as the case may be, in respect of any question relating to taxation or inspection or registration or to the grant of any licence or permission under the provisions of this Act. Notices, etc.
   • • 462. Form of notices and permissions. – All notices and permissions given, issued, or granted, as the case may be, under the provisions of this Act, shall be in writing. The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January 1974.

150 Notices, etc

(1) Every licence, permission, notice, bill, summons, warrant or other document which is required by this Act or by any rule, bye-law or regulation made thereunder to bear the signature of the Chairman or Commissioner or of any municipal officer shall be deemed to be properly signed if it bears a facsimile of the signature of the Chairman or Commissioner or of such municipal officer, as the case may be, stamped thereon.

1. (2) Nothing in sub-section (1) shall be deemed to apply to a cheque drawn upon the municipal fund or to any deed of contract entered into by the municipal council.

Save as otherwise provided, every notification under this Act, other than the one issued by the Government shall be published in the Official Gazette both in English and in the regional language: Provided that the Government shall have power to direct that any such notification ---

1. (i) shall be published in the said gazette either in English or in the regional language, or
2. (ii) shall, instead of being published in the said Gazette, be published in any other manner specified by it.

(1) Every bye-law, order, notice or other document directed to be published under this Act shall unless a different method be prescribed by this Act, or by the council, be written in, or translated into, the regional language and deposited at the municipal office and a copy shall be pasted up in a conspicuous position at such office and such other places as the council may direct.

1. (2) A public proclamation shall be made throughout the municipality by beat of drum that such copy has been so pasted up and that the original is open to inspection at the municipal office.
   • • The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January 1974.
   • • 466. Notice of prohibition or setting apart of places.- Whenever the municipal council shall have set apart any place for any purpose authorised by this Act or shall have prohibited the doing of anything in any place, the Commissioner shall forthwith cause to be put up a notice in English and in the regional language at or near such place.

Method of serving documents.- (1) Where any notice or other document is required by this Act or by any rule, bye-law, regulation or order made thereunder to be served on, or sent to any person, the service or sending thereof may be effected ---

1. (a) by giving or tendering the said document to such person; or
2. (b) if such person is not found, by leaving such document at his last known place of abode or business or by giving or tendering the same to some adult member or servant of his family; or
3. (c) if such person does not reside in the municipality and his address elsewhere is known to the Commissioner, by sending the same to him by registered post; or
4. (d) if none of the means aforesaid be available or if the person to whom such notice is given or tendered, refused to accept it, by affixing the same on some conspicuous part of such place of abode or business.

1. (2) When the person is an owner or occupier of any building or land it shall not be necessary to name the owner or occupier in the document and in the case of joint owners and occupiers it shall be sufficient to serve it on or send it to, one of such owners and occupiers.
2. (3) Whenever in any bill, notice, form, or other document served or sent under this Act, a period is fixed within which any tax or other sum is to be paid or any work executed or anything done, such period shall, unless otherwise provided in this Act, be calculated from the date of such service or sending. The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January 1974. Relation of occupier to owner.
   • • 468. Recovery by occupier of sum leviable from owner.- If the occupier of any building or land makes on behalf of the owner thereof any payment for which under this Act, the owner, but not the occupier, is liable, such occupier shall be entitled to recover the same from the owner and may deduct the same from the rent then or thereafter due by him to the owner.
   • • 469. Obstruction of owner by occupier.- (1) If the occupier of any building or land prevents the owner from carrying into effect in respect thereof any of the provisions of this Act, the Commissioner may, by order in writing, require the said occupier to permit the owner, within eight days from the date of service of such order, to execute all such works as may be necessary.
3. (2) Such owner shall, for the period during which he is prevented as aforesaid, be exempt from any fine or penalty to which he might otherwise have become liable by reason of default in executing such works.
   • • 470. Execution of work by occupier in default of owner.- If the owner of any building or land fails to execute any work which he is required to execute under the provisions of this Act or of any rule, bye-law, regulation or order made thereunder, the occupier of such building or land may, with the previous approval of the Commissioner, execute the said work and shall be entitled to recover from the owner the reasonable expenses incurred in the execution thereof and may deduct the amount thereof from the rent accrued or accruing to the owner. Power of entry and inspection of the Commissioner.
   • • 471. Power of entry to inspect, survey or execute the work.- The Commissioner or any other person authorised by him in this behalf may enter into or on any building or land with or without assistants or workmen in order to make any inquiry, inspection, test, examination, survey, measurement or valuation or for the purpose of lawfully placing or removing pipes or metres, or to execute any other work which is authorised the provisions of this Act or any rule, bye-law, regulation or order made thereunder or which it is necessary for any of the purposes of this Act or in pursuance of any of the said provisions, to make or execute: The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January 1974. Provided that ---
   • (a) except when it is in this Act otherwise expressly provided --
     • (i) no such entry shall be made between sunset and sunrise:
     • (ii) no dwelling house and no part of a public building used as a dwelling place shall be so entered without the consent of the occupier thereof, unless the said occupier has received at least six hours previous notice of the intention make such entry;
   • (b) sufficient notice shall be given in every case even when any premises may otherwise be entered without notice to enable the inmates of any apartment appropriated to women to remove to some of the premises where their privacy may be preserved;
   • (c) due regard shall be paid, so far as may be compatible with the exigencies of purpose of the entry, to the social and religious usages of the occupants of the premises.
     • • 472. Power of entry on lands adjacent to works.- (1) The Commissioner or any other person authorised by him in this behalf may, with or without assistants or workmen, enter on any land adjoining or within forty-five metres of any work authorised by this Act or by any rule, bye-law, regulation or order made thereunder, for the purpose of depositing on such land any soil, gravel, stone, or other materials, or of obtaining access to such work, or for any other purpose connected with the carrying on thereof.
4. (2) The Commissioner or any other person authorised by him as aforesaid, shall before entering on any land under sub-section (1), give the owner or occupier thereof three days’ previous notice of the intention to make such entry, and state the purpose thereof, and shall, if so required by the owner or occupier, fence off so much of the land as may be required for such purpose.
5. (3) The Commissioner shall not be bound to make any payment, tender or deposit before entering on any land under sub-section (1), but as little damage as may be, shall be done and the Commissioner shall pay compensation to the owner or occupier of the land for such entry and for any temporary or permanent damage that may result therefrom.
6. (4) If such owner or occupier is dissatisfied with the amount of compensation paid to him by the Commissioner, he may appeal to the council.
   • • 473. Inspection and stamping of weights and measures.- The Commissioner or any other person authorised by him in this behalf may examine and test the weights and measures used in markets and shops in the municipality with a view to the prevention and punishment of offences relating to such weights and measures under Chapter XIII of the Indian Penal Code (Central Act 45 of 1860).
   • • 474. Consequences of failures to obtain licences, etc., or of breach of the same.-
7. (1) If, under this Act, or any rule, bye-law or regulation made thereunder a licence or permission of the municipal council, standing committee or Commissioner or registration in the municipal office is necessary for the doing of any act, and if such act is done without such licence or permission or registration, or in a manner inconsistent with the terms of any such licence or permission, then ---
   • (a) the Commissioner may by notice require the person so doing such act to alter, remove, or, as far as practicable, restore to its original state the whole or any part of any property (movable or immovable, public or private) affected thereby, within a time to be specified in the notice;
   • (b) the Commissioner or any other person authorsied by him in this behalf may also enter into or on any building or land where such act is done and take all such steps as may be necessary to prevent the continuance of such act; and
   • (c) if no penalty has been specifically provided in this Act for so doing such act, the person so doing it shall be punishable with fine which may extend to fifty rupees for every such offence.
8. (2) No claim shall lie against the Commissioner or any other person for any damage or inconvenience caused by the exercise of the power given under this section or by the use of the force necessary for the purpose of carrying out the provisions of this section. The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January 1974.

Power of entry and inspection of the Commissioner

the same.

1. (2) If such notice, requisition, or order is not complied with within the time so specified, the Commissioner may cause such work to be executed or may take any measures or do anything which may, in his opinion, be necessary for giving due effect to the notice, requisition or order as aforesaid.
2. (3) If no penalty has been specially provided in this Act for failure to comply with such notice, requisition or order, the said person shall be punishable with fine which may extend to fifty rupees for every such offences.

(1) the Commissioner may, subject to the provisions of section 231, recover any reasonable expenses incurred under section 475 from the person or any one of the persons to whom the notice, requisition or order was addressed, and may, in executing the work or taking measures or doing anything under section 475, utilise any materials found on the property concerned or may sell them and apply the sale proceeds in or towards the payment of the expenses incurred.

1. (2) If the person to whom notice is given is the owner of the property in respect of which it is given, the Commissioner may, whether any action or other proceeding has been brought or taken against such owner or not, require the person, if any, who occupies such property, or any part thereof, under the owner, to pay to the municipal council instead of to the owner, the rent payable by him in respect of such property, as it falls due, up to the amount recoverable from the owner, under sub-section (1) or to such smaller amount as the Commissioner may think proper; and any amount so paid shall be deducted from the amount payable by the owner.
2. (3) For the purpose of deciding whether action should be taken under sub-section (2), the Commissioner may require any occupier of property to furnish information as to the sum paid by him as rent on account of such property and as to the name and address of the person to whom it is payable; and such occupier shall be bound to furnish such information.
3. (4) The provisions of this section shall not affect any contract made between any owner and occupier respecting the payment of any such expenses.

(1) When any person by reason of his receiving the rent of immovable property as agent, trustee, guardian, manager or receiver or of his being agent trustee, guardian, manager or receiver for the person who would receive the rent if the property were let to a tenant, would, under this Act, be bound to discharge any obligation imposed by this Act, or any rule, bye-law, regulation or order made thereunder, on the proprietor of the property and for the discharge of which money is required, he shall not be bound to discharge the obligation unless he has, or, but for his own improper act or default, might have had in his hands funds belonging to the proprietor sufficient for the purpose.

1. (2) The burden of proving the facts entitling a person to relief under this section lie on him.
2. (3) When any person has claimed and established his right to relief under this section, the Commissioner may give him notice to apply to the discharge of such obligation as aforesaid the first moneys which shall come to his hands on behalf or for the use of the proprietor; if he fails to comply with such notice, he shall be deemed to be personally liable to discharge such obligation.
   • • 478. Power of Commissioner to agree to receive payment of expenses in instalments.- Instead of recovering any such expenses as aforesaid in the manner provided under section 175, the Commissioner, may if he thinks fit, take an agreement from the person liable for the payment thereof, to pay the same in instalments of such amount and at such intervals as will secure the payment of the whole amount due with interest thereon at the rate of nine per centum per annum, within a period of not more than five years. Payment of compensation etc., by and to the municipality
   • • 479. Power of municipality to pay compensation.- In any case not otherwise expressly provided for in this Act, the Commissioner may, with the previous approval of the council, pay compensation to any person who sustains damage by reason of the exercise by any municipal authority, officer or servant of any of the powers vested in it or him by this Act or any other law, or by any rule, bye-law or regulation made thereunder. The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January 1974.
   • • 480. Limitation for recovery of dues.- No distraint shall be made, no suit shall be instituted and no prosecution shall be commenced in respect of any sum due to the municipal council under this Act after the expiration of a period of three years from the last day of the period in respect of which such sum is claimed, or in case the same is not claimed in respect of any specific period, from the last day of the year in which the claim arose.
   • • 481. Procedure in dealing with surplus sale proceeds.- If any property, movable or immovable, is sold under the provisions of this Act, and if there is a surplus after the sum due to the municipal council and the costs have been deducted from the sale proceeds, such surplus shall, if is the owner of the property sold claims it within six months from the date of the sale, be paid to him by the Commissioner but if no such claim is preferred within such time, the said surplus shall be credited to the municipal fund and no suit shall lie for the recovery of any sum so credited.
   • • 482. Persons empowered to prosecute.- Save as otherwise expressly provided in this Act, no court shall take cognizance of any offence against the provisions of this Act, or of any rule, or bye-law made thereunder unless complaint is made by the Police or the Commissioner or by a person expressly authorised in this behalf by the council or the Commissioner within three months of the commission of the offence: Provided that ---
   • (a) nothing herein shall affect the provisions of the Code of Criminal Procedure, 1898**, in regard to the power of certain Magistrates to take cognizance of offences upon information received or upon their own knowledge or suspicion; and
   • (b) failure to take out a licence, obtain permission or secure registration under this Act, shall, for the purposes of this section, be deemed a continuing offence until the expiration of the period, if any, for which the licence permission or registration is required and if no period is specified, complaint may be made at any time within twelve months from the commencement of the offence.
     • • The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January 1974. ** Now, the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).

in installments.

Payment of compensation etc., by and to the Municipality

(1) If any fine, costs, tax or other sum, imposed, assessed or recoverable by a Magistrate under this Act or under any rule or bye-law made thereunder, is not paid the Magistrate may order the offender to be imprisoned in default of payment subject to all the restrictions, limitations, and conditions imposed by sections 64 to 70 (both inclusive) of the Indian Penal Code (Central Act 45 of 1860).

1. (2) Any fine, costs, tax or other sum imposed assessed or recoverable by a Magistrate under this Act or under any rule or bye-law made thereunder, shall be recoverable by such Magistrate under the Code of Criminal Procedure, 1898**, as if it were a fine and the same shall, except in the case of a fine, on recovery be paid to the municipal council to be applied to the purposes of this Act.

(1) If, on account of any act or omission, any person has been convicted of an offence against any of the provisions of this Act or against any rule or bye-law made thereunder and by reason of such act or omission damage has been caused to any property owned by or vesting in the municipal council, the said person shall pay compensation for such damage, notwithstanding any punishment to which he may have been sentenced for the said offence.

1. (2) In the event of dispute, the amount of compensation payable by the said person shall be determined by the court before whom he was convicted of the said offence on application made to such court for the purpose by the Commissioner not later than three months from the date of conviction; and in default of payment of the amount of compensation so determined, it shall be recovered under a warrant from the said court as if it were a fine inflicted by such court on the person liable therefor.

Institution of suits against municipal authorities officers and servants.(1) No suit shall be instituted against the municipal council any municipal authority, officer or servant, or any person acting under the direction of the same in respect of any act done or purporting to be done in pursuance or execution or intended execution of this Act or any rule, bye-law, regulation or order made thereunder or in respect of any alleged neglect or default in the execution of this Act, or any rule,

• • The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January 1974. ** Now, the Code of Criminal Procedure, 1973 (Central Act 2 of 1974). bye-law, regulation, or order made thereunder until the expiration of two months after a notice has been delivered or left at the municipal office or at the place of abode of such officer, servant or person, stating the cause of action, the relief sought and the name and the place of abode of the intending plaintiff, and the plaint shall contain a statement that such notice has been so delivered or left.

1. (2) Every such suit shall be commenced within six months after the date on which the cause of action arose or in case of a continuing injury or damage during such continuance or within six months after the ceasing thereof.
2. (3) If any person to whom any notice is given under sub-section (1), tenders the amount due to the plaintiff before the suit is instituted, and if the plaintiff does not recover in any such action more than the amount so tendered he shall not recover any costs incurred after such tender by the person to whom such notice has been given, and the defendant shall be entitled to costs as from the date of tender.
3. (4) Where the defendant in any such suit is the Chairman, the Commissioner, or a municipal officer or servant, payment of the sum, or any part of any sum, payable by him in, or in consequence of, the suit whether in respect of costs, charges, expenses, compensation for damages or otherwise may be made, with the sanction of the council, from the municipal fund.
   • • 486. Provision respecting institution, etc., of civil and criminal actions and obtaining of legal advice.- (1) Subject to such restrictions and control as may be prescribed, the Commissioner may ---
   • (a) take, or withdraw from proceedings against any person who commits --
     • (i) any offence against this Act or the rules, bye-laws or regulations made thereunder;
     • (ii) any offence which affects or is likely to affect any property or interest of the municipal council or the due administration of this Act;
     • (iii) any nuisance whatsoever;
   • (b) compound any offence against this Act or the rules, bye-laws, or regulations made thereunder which may by rules made by the Government be declared, compoundable;
   • (c) with the approval of the council, take, withdraw from, or compromise, proceedings for the recovery of expenses or compensation claimed to be due to the municipal council;
   • (d) with the approval of the council, withdraw or compromise any claim against any person in respect of a penalty payable under a contract entered into with such person by the Commissioner;
   • (e) with the approval of the council, defend any suit or other legal proceedings brought against the municipal council or against any municipal authority, officer or servant in respect of anything done or omitted to be done in its or his official capacity;
   • (f) with the approval of the council, compromise any claim, suit or legal proceedings brought against the council or against any municipal authority, officer or servant in respect of anything done or omitted to be done as aforesaid;
   • (g) with the approval of the council, institute and prosecute any suit or withdraw from or compromise any suit or claim, which has been instituted or made in the name of the municipal council or of the Commissioner;
   • (h) obtain such legal advice and assistance as he may from time to time think it necessary or expedient to obtain, or as he may be desired by the council to obtain, for any of the purposes mentioned in the foregoing clauses of this sub-section or for securing the lawful exercise or discharge of any power or duty vesting in or imposed upon any municipal authority or municipal officer or servant.
4. (2) (a) Where in any case the municipal council does not accord its approval under sub-section (1) before such date as may be specified in that behalf by the Commissioner, the Commissioner may report the case to the Government.
   • (b) The Government may, after giving the municipal council a reasonable opportunity to offer its views in the matter, make such order to give such directions as it may deem fit and such order, or directions shall be given effect to by the Commissioner and the municipal council.
     • • 487. Power of election authority to defend himself if sued.- The election authority may defend himself if sued or joined as party in any proceeding relating to the preparation or publication of electoral rolls or to the conduct of elections, as the case may be, and the expenses incurred by the election authority in so doing shall be payable from the municipal fund.
     • • 488. Injunctions not to be granted in election or assessment proceedings.- Notwithstanding anything contained in the Code of Civil Procedure, 1908 (Central Act 5 of 1908), or in any other law for the time being in force, no court shall grant any permanent or temporary injunction or make any interim order restraining any proceeding, which is being or about to be taken under this Act for the ---
   • (a) preparation or publication of electoral rolls,
   • (b) conduct of any election, or
   • (c) preparation, revision or amendment of assessment books.
     • • 489. Indemnity of the Government, Director, municipal authorities, officers and agents.- No suit shall be maintainable against the Government, the Director, any municipal Chairman, Commissioner, officer or servant or any person acting under the direction of the Director, any municipal Chairman, Commissioner, officer or servant, or of a Magistrate, in respect of anything in good faith done under this Act or any rule, bye-law, regulation or order made thereunder.
     • • 490. Liability of Chairman, members and Commissioner for loss, waste or misapplications.- (1) (a) The Chairman, every councillor and the Commissioner shall be liable for the loss, waste, or misapplication of any money or other property owned by or vested in the municipal council, if such loss, waste or misapplication is a direct consequence of his neglect or misconduct.
5. (2) If after giving the Chairman, councillor and the Commissioner a reasonable opportunity for showing cause to the contrary, an officer authorised by the Government is satisfied that the loss, waste or misapplication of any money or other property owned by or vested in the municipal council is a direct consequence of his misconduct or gross negligence, the officer so authorised shall, by order in writing, direct such person to pay to the municipality before a fixed date the amount required to be reimbursed to it for such loss, waste or misapplication.
6. (3) If the amount is not so paid, it shall be recovered in the manner prescribed under section 175 and credited to the fund of the municipality.
7. (4) (a) An appeal shall lie to the District Court against the order made under sub-section (2): Provided that no such appeal shall be entertained by such court unless it is brought within one month from the receipt by the concerned person of the order of the Director and the amount claimed has been deposited by him with the Commissioner.
   • (b) The District Court, after taking such evidence as it thinks necessary, may confirm, modify or remit such amount and make such order as to costs as it thinks proper.
     • • 491. Sanction for prosecution of Chairman, councillor or Commissioner.- When the Chairman, any councillor or the Commissioner is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, no court shall take cognizance of such offence except with the previous sanction of the Government.
     • • 492. Assessments, etc., not to be impeached.- (1) (a) No assessment or demand made, and no charge imposed, under the authority of this Act shall be impeached or affected by reason of any clerical error or by reason of any mistake --
     • (i) in respect of the name, residence, place of business or occupation of any person, or
     • (ii) in the description of any property or thing, or
     • (iii) in respect of the amount assessed, demanded or charged: Provided that the provisions of this Act have been in substance and effect complied with.
   • (b) No proceedings under this Act shall be quashed or set aside by any court merely for defect in form. The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January 1974.
8. (2) No suit shall be brought in any court to recover any sum of money collected under the authority of this Act or to recover damages on account of any assessment or collection of money made under the said authority: Provided that the provisions of this Act have been in substance and effect complied with.
9. (3) No distraint or sale under this Act shall be deemed unlawful, nor shall any person making the same be deemed a trespasser, an account of any error, defect or want of form in the bill, notice, schedule, form, summon, notice of demand, warrant of distraint, inventory or other proceeding relating thereto if the provisions of this Act and of the rules and bye-laws made thereunder have been in substance and effect complied with: Provided that every person aggrieved by any irregularity may recover satisfaction for any special damage sub-stained by him. Police

actions and obtaining of legal advice.

proceedings.

officers and agents.

151

waste or misapplications.

Commissioner.

(a) to communicate without delay to the proper municipal officer concerned any information which he receives of the design to commit or of the commission of any offence under this Act or any rule, bye-law or regulation made thereunder, and (b) to assist the Chairman, the Commissioner or any municipal officer or servant reasonably demanding his aid for the lawful exercise of any power vesting in the Chairman or the Commissioner or in such municipal officer or servant under this Act, or any such rule, bye-law or regulation as aforesaid. (2) Any police officer who omits or refuses to perform any duty imposed on him by this Act shall be deemed to have committed an offence under section 7 or under section 29 of the Police Act, 1861. (Central Act 5 of 1861).

(1) If any police officer sees any person committing an offence against any of the provisions of this Act or of any rule or bye-law made thereunder, he shall, if the name and address of such person are unknown to him and if the said person on demand declines to give his name and address, or gives a name and address which such officer has reason to believe to be false, arrest such person.

1. (2) No person arrested under sub-section (1) shall be detained in custody ---
   • (a) after his true name and address are ascertained, or (b) without the order of a Magistrate for any longer time not exceeding twenty-four hours from the hour of arrest, than is necessary for brining him before a Magistrate.
     • • 495. Exercise of powers of police officer by municipal servants.- The Government may empower any municipal servant or any class of municipal servants to exercise the powers of the police officer for the purposes of this Act. Miscellaneous.
     • • 496. Application of term “public servant” to agents and sub-agents.- Every contractor or agent for the collection of any municipal tax, fee or other sum due to the municipal council and every person employed by any such contractor or agent for the collection of such tax, fee or sum shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (Central Act 5 of 1860).
     • • 497. Prohibition against obstruction of municipal authorities, servants, and contractors.- No person shall obstruct the council, or obstruct or molest the Chairman any councillor, the Commissioner, or any person employed by the municipal council or any person with whom a contract has been entered into on behalf of the council in the performance of their duty or of anything which they are empowered or required to do by virtue or in consequence of this Act or of any rule, bye-law regulation or order made thereunder.
     • • 498. Prohibition against removal of mark.- No person shall remove any mark set up for the purpose of indicating any level or direction incidental to the execution of any work authorised by this Act or by any rule, bye-law, regulation or order made thereunder.
     • • 499. Prohibition against removal or obliteration of notice.- No person shall, without authority in that behalf, remove, destroy, deface, or otherwise obliterate any notice exhibited by, or under the orders of, the municipal council, a standing committee or the Commissioner.
     • • 500. Prohibition against unauthorised dealings with public place or materials.- No person shall, without authority in that behalf, remove earth, sand or other materials or deposit any matter or make any encroachment from, in or on any land vested in the municipal council, or river, estuary, canal, backwater or water-course (not being private property) or in any way obstruct the same.
     • • 501. Delegation of powers by the Government.- (1) The Government may, by notification, authorise any person to exercise any one or more of the powers vested in it by this Act, except --
   • (a) the powers mentioned in Chapter II, Chapter III, Chapter V and Chapter VI;
   • (b) the power to determine the amount of contribution under section 246;
   • (c) the power to make rules under any of the provisions of this Act; and
   • (d) the power to sanction prosecution under section 491. and may in like manner withdraw such authority.
2. (2) The exercise of any powers delegated under sub-section (1) shall be subject to such restrictions and conditions as may be prescribed or as may be specified in the notification. The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January 1974.

Miscellaneous

servants and contractors.

materials.

(1) The Government may, in its discretion, after consulting the Director or such other authority or officer as it may deem fit, at any time either of its own motion or on application, call for and examine the record of any order passed or proceeding recorded under the provisions of this Act by any authority or officer subordinate to it, for the purpose of satisfying itself as to the legality or the propriety of such or as to the regularity of such proceeding and pass such order in reference thereto as it thinks fit.

1. (2) The powers of the nature referred to in sub-section (1) may also be exercised by such authority or officer as may be empowered in this behalf by the Government.

(1) Where an offence under this Act or under any rule or bye-law made thereunder has been committed by a company, every person who, at the time the offence was committed, was incharge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in or under this Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

1. (2) Notwithstanding anything contained in sub-section (1), where an offence against this Act or any rule or bye-law made thereunder has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation. – For the purpose of this section –
   • (a) “company” means a body corporate and includes a firm or other association of individuals; and
   • (b) “director”, in relation to a firm, means a partner in the firm. The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January 1974.

(a) “existing local authority”, in relation to any local area, means the municipal council or the panchayat having jurisdiction over such area immediately before the specified day; (b) “panchayat” means a village panchayat or commune panchayat council established or deemed to be established for any panchayat village or commune panchayat under the Puducherry Village and Commune Panchayats Act, 1973; (c) “specified day” means the day from which any local area is declared to be a municipality under sub-section (1) of section 3 or the day from which a change referred to in any of the sub-clauses of clause (a) of sub-section (4) of section 3 takes effect; (d) “successor local authority”, in relation to any local area, means the municipal council or the panchayat having jurisdiction over such area from the specified day. (2) When -- (a) any local area is declared to be a municipality; (b) any local area is added to a municipality; (c) any local area is excluded from a municipality; (d) two or more municipal areas are amalgamated into one municipality; or (e) a municipality is split up into two or more municipalities, the Government may, notwithstanding anything contained in this Act or any other law for the time being in force, by an order published in the Official Gazette, provide for all or any of the following matters, namely: -- The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January 1974. (i) in a case falling under clause (a) or clause (d), the constitution of an interim council consisting of such number of councillors appointed by the Government or of councillors elected by the members or councillors of the existing local authorities or consisting partly of such appointed councillors and partly of such elected councillors, as the Government may determine, until the successor council is in due course constituted under this Act; (ii) in a case falling under clause (b), the interim increase in the number of councillors, either by appointment of the additional councillors by the Government or by election by the members of the existing local authorities or partly by such appointment and partly by such election, as the Government may determine, until the successor councils in due course constituted under this Act; (iii) in a case falling under clause (c), the removal of the councillor, who in the opinion of the Government, represents the area excluded from the municipality; (iv) in a case falling under clause (e), the appointment of special officer or special officers to exercise the powers and to perform the duties and the functions of the successor councils, until such councils are in due course constituted under this Act; (v) the term for which the councillors appointed or elected under clause (i) or clause (ii) or the special officer appointed under clause (iv) shall hold office and the manner of holding election and filling casual vacancies; (vi) the transfer, in whole or in part, of the assets, rights and liabilities of an existing local authority (including the rights and liabilities under any agreement or contract made by it) to any successor local authorities or the Government and the terms and conditions for such transfer; (vii) the substitution of any such transferee for an existing local authority or the addition of any such transferee as a party to any legal proceeding to which an existing local authority is a party; and the transfer of any proceedings pending before the existing local authority or any authority or officer subordinate to it to any such transferee or any authority or officer subordinate to it; (viii) the transfer or re-employment of any employees of an existing local authority to, or by, any such transferee or the termination of service of any employees of an existing local authority and the terms and conditions applicable to such employees after such transfer or re-employment or termination; (ix) the continuance within the area of an existing local authority of all or any appointments, notifications, notices, taxes, orders, schemes, licences, permissions, rules, bye-laws, regulations, or forms made, issued, imposed or granted by, or in respect of, such existing local authority and in force within its area immediately before the specified day, until superseded or modified under this Act; (x) the extension and commencement of all or any appointments, notifications, notices, taxes, orders, schemes, licences, permissions, rules, bye-laws, regulations or forms made, issued, imposed or granted under this Act by, or in respect of, any existing council and in force within its area immediately before the specified day, to and in all or any of the other areas of the successor council, in supersession of corresponding appointments, notifications, notices, taxes, orders, schemes, licences, permissions, rules, bye-laws, regulations or forms (if any) in force in such other areas immediately before the specified day until the matters so extended and brought into force are further superseded or modified under this Act; (xi) the continuance within the area of an existing local authority of all or any budget estimates, assessments, assessment lists, valuations, measurements or divisions made or authenticated by, or in respect of such existing local authority and in force within its area immediately before the specified day, until superseded or modified under the relevant law; (xii) the removal of any difficulty which may arise on account of any change referred to in clause (a) to (e). (3) Where an order is made under this section transferring the assets, rights and liabilities of an existing local authority, then by virtue of that order, such assets, rights and liabilities of the existing local authority shall vest in and be the assets, rights and liabilities of, the transferee. (4) (a) Where an order is made under this section the Government shall, before the expiry of the term of the councillors or special officers appointed or elected under paragraph (i), (ii) or (iv) of sub-section (2) or of the council in whose case the number of councillors is reduced under paragraph (iii) of the said sub-section, take steps in accordance with section 7, for the purpose of determining the number of councillors of, and for holding election for, the new council or councils, as the case may be. (b) The councillors of the interim council or of the council in whose case there is an interim increase or reduction in their number or the special officer or special officers appointed or elected under such order as the case may be, shall, notwithstanding the expiry of the term for which they may have been appointed or elected, continue in office for the area concerned, until immediately before the first meeting of the new council or councils, as the case may be. (c) Save as otherwise provided by or under this section, the provisions of this Act shall apply to any such council, its councillors and special officers. CHAPTER – XXII REPEALS AND TRANSITORY PROVISIONS

Subject to the provisions of this Chapter, all laws in force in the Union territory corresponding to the provisions of this Act, including French Decrees, dated the 12th March, 1880, 10th May, 1882, 29th October, 1912 and 17th July, 1936 and the Puducherry Municipal Councils (Elections) Act, 1966, (1 of 1966) shall in so far as they are applicable to the municipalities specified in Schedule II, stand repealed as from the appointed day: The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January 1974.

Provided that such repeal shall not affect ---

1. (a) the previous operation of any law so repealed or anything duly done or suffered thereunder; or
2. (b) any right, privilege, obligation or liability acquired, accrued or incurred under any law so repealed; or
3. (c) any penalty, forfeiture or punishment incurred in respect of any offence committed against any law so repealed; or
4. (d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture, or punishment; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if this Act has not been passed. 506. 1[(1) Special provisions regarding the term of councillors of existing council whose term is due to expire.- Notwithstanding anything contained in any law repealed under section 505 (hereinafter referred to as the repealed law) or in any other law for the time being in force, the term or extended term of office of the councillors or members of any existing council shall expire at 12 noon on such date or dates as the Government may, by notification, appoint in that behalf] 2 [(2) Notwithstanding anything contained in sub-section (1), the Government may, from time to time, by notification, extend the term of office of the councillors or members of any existing council for any period beyond 12 noon of the date appointed by notification under that sub-section but no such extension shall be made so as to have effect after the expiry of 3[(two years and nine months) from the date so appointed]. Explanation. – In this section and in sections 507, 508 and 509, “existing council” means a municipal council (conseil municipal) specified in column 4 of Schedule II and which was functioning immediately before the appointed day. The section 506 in the principal Act came into force on the 21st day of December, 1974 vide Extraordinary Gazette No. 158 dated 17th January 1974. 3. The words “one year” in Regulation 2 of 1975 were substituted by the words “two years” by Regulation 10 of 1976, section 2 w.e.f. 25.6.1976, and later substituted by the words “two years and three months” by Regulation 4 of 1977, section 2, w.e.f. 29-6-1977 and later substituted by words “two years and nine months” by Act 5 of 1977 section 2, w.e.f. of 23.9.1977.

¹ Renumbered by Regulation 2 of 1975, section 2, w.e.f. 28-6-1975.

² Inserted by Regulation 2 of 1975, section 2, w.e.f. 28-6-1975.

council whose term is due to expire.

With effect on and from the appointed day, the following consequences shall ensue, that is to say ---

1. (a) every existing council shall be deemed to be succeeded by the council shown in the corresponding entry in column 3 of Schedule II (hereinafter referred to as the successor council);
2. (b) all property, movable and immovable, situated within the local area of a successor council (and all interests of whatever nature and kind in such property) which vested in the corresponding existing council immediately before the appointed day and which was being used immediately before the said day for the performance of any of the functions or duties which are required to be performed by the successor council under the provisions of this Act, shall be deemed to be transferred to and shall vest, without further assurances, in such successor council, subject to all limitations, conditions and rights or interests of any person, body or authority in force or subsisting immediately before the appointed day;
3. (c) all property, movable and immovable situated outside the local area of a successor council but within the jurisdiction of a village panchayat or commune panchayat council constituted under the Puducherry Village and Commune Panchayats Act, 1973 (and all interests of whatsoever nature and kind in such property) which vested in an existing council immediately before the constitution of such village panchayat or commune panchayat council for the performance of any of the functions or duties which are required to be performed by the said village panchayat or commune panchayat council under the provisions of the aforesaid Act, and are not required by the council for the performance of its duties under this Act, shall be deemed to be transferred to and shall vest, without further assurances, in such village panchayat or commune panchayat council, subject to all limitations, conditions and rights or interests of any person, body or authority in force or subsisting immediately before the appointed day;
4. (d) all property, movable and immovable wherever situated (and all interests of whatsoever nature and kind in such property) which vested in an existing council immediately before the appointed day and which was being used by it for a function which on and from the appointed day is not required to be performed by the successor council under the provisions of this Act or by a village panchayat or The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January 1974. commune panchayat council under the Puducherry Village and Commune Panchayats Act, 1973, shall be deemed to be transferred to and shall vest, without further assurances, in the Government, subject to all limitations, conditions and rights or interests of any person, body or authority in force or subsisting immediately before the appointed day;
5. (e) all rights, liabilities and obligations of an existing council (including those arising under an agreement or contract) shall be deemed to be the rights, liabilities and obligations of the corresponding successor council, the village panchayat or commune panchayat council or the Government, according as the function or duty out of which such rights, liabilities and obligation have arisen, is required to be performed on and from the appointed day by such successor council, village panchayat or commune panchayat council, or the Government, as the case may be; ‘
6. (f) all sums due to an existing council, whether on account of any tax or otherwise, shall be recoverable by the successor council, village panchayat or commune panchayat council, or the Government, according as the duty or function out of which such sum has become due, is required to be performed on and from the appointed day by the successor council, the village panchayat or commune panchayat council or the Government and the successor council, the village panchayat or commune panchayat council or the Government, as the case may be, shall be competent to take any measure or institute any proceedings, which it would have been open to the existing council or any authority thereof to that effect before the appointed day;
7. (g) the municipal fund and liabilities (other than those specified in the aforesaid clauses) of an existing council shall be deemed to be the municipal fund and liabilities of the successor council;
8. (h) all contracts made with and all instruments executed on behalf of an existing council, shall be deemed to have been made or executed on behalf of the successor council, the village panchayat or commune panchayat council or the Government according as the duty and function, as a result of which such contract was made or the instrument executed is required on and from the appointed day to be performed by the successor council, the village panchayat or commune panchayat council or the Government, as the case may be, and shall be performed accordingly;
   • (i) all proceedings and matters pending before any authority functioning under the repealed law immediately before the appointed day shall be deemed to be transferred to the corresponding authority under this Act competent to entertain and dispose of such proceedings or matters;
9. (j) in all suits and legal proceedings pending on the appointed day in or to which an existing council was a party, the successor council shall be deemed to have been substituted therefor;
10. (k) any appointment, notification, notice, tax, order, scheme, licence, permission, rule, bye-law, regulation or form held, made, issued imposed or granted by or in respect of an existing council under the repealed law and in force immediately before the appointed day, shall, in so far as it is not inconsistent with the provisions of this Act, continue to be in force until superseded by an authority competent so to do: Provided that ---
    • (i) no rule made under the repealed law in respect of an existing council and in force immediately before the appointed day shall be deemed to be inconsistent with the provisions of this Act by reason only of the fact that under this Act it is permissible to make only a bye-law or any other instrument other than a rule in respect of the matter provided for in such rule;
    • (ii) the provisions of clause (i) of this proviso shall as far as may be apply to any bye-laws, regulations, or any other instruments made under the repealed law in respect of an existing council and in force immediately before the appointed day;
11. (l) all budget estimates, assessments, assessment lists, valuations, measurements and divisions made by or in respect of an existing council under the repealed law and in force immediately before the appointed day, shall, in so far as they are not inconsistent with the provisions of this Act, be deemed to have been made by, or in respect of, the successor council for that area;
12. (m) any reference in any law or in any instrument to any of the provisions of the repealed law shall, unless a different intention appears, be construed as a reference to the corresponding provision of this Act;
13. (n) any reference in any law or in any instrument to an existing council shall, unless a different intention appears, be construed as a reference to the successor council;
14. (o) any reference in the above clauses to an existing council shall, in case such council has been superseded or dissolved or is not otherwise functioning, be deemed to be a reference to the person or persons appointed to exercise the powers and discharge the duties and functions of such council. [“507-A. Persons by whom certain, functions or duties are to be performed or discharged.- Where any authority or functionary constituted or appointed under the repealed law was, immediately before such repeal, performing any function or was discharging any duty under that law or any other law, such function or duty shall be performed or discharged by the corresponding authority or functionary constituted or appointed under this Act: Deemed to have been inserted w.e.f. 26th January, 1974 by Regulation 8 of 1976, section 2. Provided that --(i) if any question arises as to who such corresponding authority or functionary is, or (ii) if there is no such corresponding authority or functionary, the Government may, by notification, direct as to which authority, or functionary shall perform such function or discharge such duty and any such direction may be given retrospective effect from a date not earlier than the appointed day”.]. ** 508. Provisions as to employees existing before the commencement of this Act.(1) Every officer and other employee of an existing council shall, on and from the appointed day, be transferred to and become an officer or other employee of the successor council with such designation as the Commissioner may determine and shall hold office by the same tenure, at the same remuneration and on the same terms and conditions of service as he would have held the same if the successor council had not been constituted and shall continue to do so unless and until such tenure, remuneration and terms and conditions are duly altered by the successor council: Provided that the tenure, remuneration and terms and conditions of service of any such officer or other employee shall not be altered to his disadvantage without the previous sanction of the Government: Provided further that any service rendered by any such officer or other employee before the appointed day shall be deemed to be service rendered under the successor council.

1. (2) The Commissioner may employ any officer or other employee transferred to the successor council under sub-section (1) in the discharge of such functions under this Act as the Commissioner may think proper and every such officer or other employee shall discharge those functions accordingly. ** The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11, dated 17th January, 1974.
   • • 509. Obligation to carry out certain duties and functions of existing councils.Notwithstanding anything contained in section 67, it shall be the duty of every successor council to continue to carry out any duty or to manage, maintain or look after any institution, establishment, undertaking, measure, work or service, which the existing council had been responsible for carrying out managing, maintaining or looking after immediately before the appointed day, until the Government by order relieves the successor council of such duty or function.
   • • 510. Adjudication of disputes between local authorities.- (1) When a dispute exists between a council and one or more than one other local authority in regard to any matters arising under the provisions of this Act or any other Act and the Government is of opinion that the local authorities concerned are unable to settle it amicably among themselves, the Government may take cognizance of the dispute and ---
   • (a) decide it itself, or
   • (b) refer it to a joint committee constituted under section 73 for the purpose for inquiry and report.
2. (2) The report referred to in clause (b) of sub-section (1) shall be submitted to the Government which shall decide the dispute in such manner as it deems fit.
3. (3) (a) Any decision given, under clause (a) of sub-section (1) or under sub-section (2) may, at the instance of the local authorities concerned, be modified from time to time by the Government in such manner as it deems fit, and any such decision with the modifications, if any, made therein under this subsection, may, at the instance of such local authorities, be cancelled at any time by the Government.
   • (b) Any such decision or any modification therein or cancellation thereof shall be binding on each of the local authorities concerned and shall not be liable to be questioned in any court.

of this Act.

councils.

(1) Where the Government is of opinion that the circumstances of any municipality are such that any of the provisions of this Act are unsuited thereto, it may, by notification, exempt such municipality from the operation of those provisions; and thereupon the said provisions shall not apply to the municipality until applied thereto by fresh notification. The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January 1974.

1. (2) Every notification issued under sub-section (1) shall, as soon as may be after it is issued, be laid before the Legislative Assembly of Puducherry while it is in session for a total period of fourteen days which may be comprised in one session or in two or more successive sessions, and if before the expiry of the session in which it is so laid or the sessions aforesaid, the Assembly makes any modification in the notification or desires that the notification should not be issued, the notification 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 notification. 1 [512. Power to remove difficulties.- If any difficulty arises in giving effect to the provisions of this Act, as amended by the Puducherry Municipalities (Amendment) Act, 1994, the Government may, as the occasion requires, by general, or special order published in the Official Gazette, do anything, not inconsistent with the provisions of this Act, which appears to the Government to be necessary for the purpose of removing the difficulty: Provided that no such order shall be made under this section with reference to any matter relating to any provisions of this Act after the expiration of three years from the date of commencement of the said Amendment Act]. 2 [512-A. Power, authority and responsibilities of Municipalities.- Save as otherwise provided in this Act, the Government may, by notification and subject to such conditions and restrictions as may be specified therein, entrust to the Municipality with such powers and responsibilities with respect to the preparation of plans for economic development and social justice and also with such powers and authority as may be necessary to enable them to carry out the responsibilities conferred upon them including those in relation to the matters listed in ScheduleXIV].

512-A. Power, authority and responsibilities of Municipalities.

In section 2 of the Puducherry Motor Vehicles Taxation Act, 1967, (Act No.5 of 1967) for clause (g), the following clause shall be substituted, namely: -- “(g) ‘local body’ means any municipal council constituted under the Puducherry Municipalities Act, 1973 and any village panchayat and commune panchayat council constituted under the Puducherry Village and Commune Panchayats Act, 1973”.

The section came into force on the 26th day of January, 1974 vide Extraordinary Gazette No. 11 dated 17th January 1974.

¹ Substituted by Act 4 of 1994, section 17 w.e.f. 23-4-94.

² Inserted vide Act No.1 of 2007 w.e.f 10-3-2007.