Chapter X Chapter X

General bye-laws. A committee may, and shall if so required by the State Government by bye-law, - (a) render licences necessary for the proprietors or drives of vehicles other than motor vehicles or animals kept or playing for hire within the limits of the municipality, and fix the fees payable for such licenses and the conditions on which they are to be granted and may be revoked, and may by such conditions provide among other things for a minimum breadth for wheel tyres and for a minimum diameter of the wheels; (b) limit the rates which may be demanded for the hire of any carriage, cart, or other conveyance,or of animals hired to carry loads or persons, or for the services of persons hired to carry loads or to impel or carry such conveyances and limit the loads which may be carried by any animal or carriage, cart or other conveyance, playing for hire, within the limits of the municipality: Provided that no bye-laws made under clause (a) or clause (b) by the committee of a municipality in which the Hackney Carriage Act, 1879, is in force shall apply to any vehicle to which that Act applies: Provided also that operations of any bye-law made under the provisions of clause (a) or clause (b) or of any rules made under the Hackney Carriage Act, 1879, may, with the sanction of the State Government, be extended to- (i) any railway station; (ii) the whole or part of any road so far as such road is situate within ten miles of the limits of the municipality; (iii) the whole or any part of road leading from the limits of any one municipality or notified area to the limits of any other municipality or notified area, if the distance between the said municipalities or notified areas does not exceed fifty miles, and the committees of the said municipalities or notified areas consent to the extension of such bye- laws; (c) provide for the proper registration of births, marriages and deaths, and for the taking of a census; (d) fix, and from time to time vary, the number of persons who may occupy a building or part of a building, which is let in lodgings or occupied by members of more than one family, or which is situated within such congested bazar areas as may be specified in the bye-law; and provide- (i) for the registration and inspection of such buildings. (ia) for the licensing of hotels and lodging-houses and for the fees payable for such licences and the conditions on which they may be granted on or revoked. (ii) for promoting cleanliness and ventilation in such buildings. (iii) for the notices to be given and the precautions to be taken in the case of any infections or contagious disease breaking out in such buildings. (iv) for the scavenging, removal and disposal of all rubbish, filth, night-soil, sullage or sewage in such buildings, (v) in the case of hotel, serai and lodging, house keepers and the secretaries of residential clubs for the maintenance of registers, in such form as the committee may prescribe, of visitors and lodgers, and (vi) generally for the proper regulation of such buildings; (e) provide- (i) for the inspection and proper regulation of encamping grounds, pounds, serais, bakeries, acrated-water factories, ice factories, dhobis ghats, flour mills, foodgrain godowns, dispensing chemists shops, slaughter houses and places licensed under section 121. (ii) for the inspection and proper regulation of markets and stalls for the preparation and exhibition of a price current and for fixing the fees, rents and other charges to be levied in such markets and stalls. (iii) for defining the standard weights and measures to be used in the municipality and for inspection of weights and measure under section 207. (iv) for the holding of fairs and industrial exhibitions within the municipality or under the control of the committee, and for the collection of fees under section 187. (v) for controlling and regulating the use and management of burial and burning grounds. (vi) for the supervision, regulation and protection from pollution of public wells, tanks, springs or other sources from which water is or may be made available for the use of the public, whether within or without the municipality. (vii) for the licensing, inspection and proper regulation of theatres and other places of public resort, recreation or amusement. (viii) for inspection and proper regulation of channels which are supplied with water from any canal to which either the Northern India Canal and Drainage Act, 1873, or the Punjab Minor Canals Act, 1905, applies. (f) require and regulate the appointment by owners of buildings or land in the municipality, who are not resident in the municipality, of persons residing within or near the municipality to act as their agents for all or any of the purposes of this Act or any rule thereunder; (g) where the collection of an octroi or terminal tax has been sanctioned, fix limits for the purpose of collecting the same, and may prescribe routes by which animals or articles or both which are subject to octroi or terminal tax may be imported into the municipality or exported therefrom; (h) render licences necessary for using premises as stables, cow- houses or houses or enclosures for sheep goats or swine, and regulate the grant and withdrawal of such licences; (i) in any municipality where a reasonable number of slaughter-houses has been provided or licensed by the committee control, regulate or prohibit the admission within the municipal limits for the purposes of sale of the flesh (other than cured or preserved meat) of any cattle, sheep, goat or swine slaughtered at any slaughter-house or place not maintained or licensed under this Act, and may provide for the seizure, destruction or disposal otherwise of any flesh brought within municipal limits in contravention of any such bye-law; (j) fix premises within the municipality in which the slaughter of animals of any particular kind, not for sale, shall be permitted, and prohibit, except, in case of necessity, such slaughter elsewhere within the municipality. Provided that no such bye-laws shall apply to animals slaughtered for any religious purposes; (k) prohibit the letting off of fire-arms, fire-works, fire balloons, bombs or detonators except (i) with the permission of the committee or of a municipal officer empowered to give such permission, (2) subject to such conditions as the committee may impose, and (3) on payment of such fees (if any) as may at any time have been fixed by the committee in that behalf; (l) regulate the making and use of connections or communications between private houses and premises and mains or service cables, wires, pipes, drains, sewers and other channels established or maintained by the committee under any of the provisions of this Act: (m) regulate the collection, storage preservation from pollution and use of rain- water, and the carrying out of the provisions of section 96 to (102); (n) regulate the posting of bills and advertisements, and the position, size, shape and style of name-boards, sign boards and sign posts; (o) provide for, regulate, require or prohibit the construction, pattern of construction, maintenance and materials of boundary walls, hedges and fences hereafter erected or re-erected so as to abut on a public street or upon property vested in the committee; (p) regulate or prohibit any description of traffic in the streets and provide for the reduction of noise caused thereby; (q) prohibit the storage of more than a fixed maximum quantity of any explosive, petroleum, spirit naptha or other inflammable material in any building not registered or licensed under section 121; (r) provide for the seizure and confiscation of ownerless animals straying within the limits of the municipality; (s) provide for the registration of all or any specified classes of dogs and in particular and without prejudice to the generality of foregoing – (i) provide for the imposition of an annual fee for such registration; (ii) require that every registered dog shall wear a collar to which shall be attached a metal token to be issued by the committee; (iii) provide that any dog, not registered and wearing such token, may if found in any public place, be detained at a place to be set apart for the purpose and will be liable to be destroyed or otherwise disposed of after a period to be specified in the bye-laws; (t) render licenses necessary for hand carts employed for transport or hawking articles for sale, and for the persons using such hand-crafts, and prescribe the conditions for the grant and revocation of such licenses; (u) regulate the conditions on which and the period for which permission may be given under sub-section (1) of section 172 and sub-section (1) of section 173, and provide for the levy of fees and rents for such permission. (uu) provide for the registration, inspection and proper regulation of buildings ordinarily utilized for the residence or treatment of persons suffering from infectious diseases and for the limiting of the number of such persons who reside in such buildings or part of such buildings; and (v) generally provide for carrying out the purposes of this Act.

(1) No person shall erect or re-erect or commence to erect or re-erect building without the sanction of the committee. (2) Notice of building:- Every person who intends to erect or re-erect any building shall give notice in writing to the committee of such intention. (3) Building by laws:- A committee shall by bye law- (a) prescribe the manner in which notice of the intention to erect or re- erect a building shall be given to the committee; (b) require that with every such notice shall be furnished a site plan of the land on which it is intended to erect or re-erect such building and a plan and specification of the building of such character and with such details as the bye-laws may require; (c) where the building appears likely to be be used as a factory, require the provisions of adequate housing accommodation in connection therewith. (4) where bye-laws have been framed under this section no notice under sub- section (2) shall be considered to be valid until the information, if any, required by such bye-laws has been furnished to the satisfaction of the committee. Provided that the Executive Officer shall not without the approval of the committee, sanction the erection or re-erection of any building which involves any projection or encroachment over or upon any land vested in the committee or any land, the property of Government, which has been transferred to the committee for management: Provided further that if the Executive Officer refuses to sanction the erection or re erection by any person of any building exception the ground that such erection or re-erection would be in contravention of any bye-law or of any general scheme sanctioned by the Commissioner restricting the erection or re-erection of buildings or any class of building, such person may, within fifteen days from the date of the service of the Executive of- ficer’s order refusing to sanction such erection or re-erection appeal to the committee, and the committee’s decision shall, subject to the provisions of section 22, 232 and 236, be final.

Power of committee to make bye-laws as to erection or re-erection of buildings. (1) The committee may, and if so required by the State Government shall by bye-laws, regulate in respect of the erection or re-erection of any building within the municipality or part thereof- (a) the materials and method of construction to be used for external and party walls, roofs, floors, stair-cases, lifts, fire places and chimneys; (b) the materials and method of construction and position of fire- places, chimneys, drains latrines, privies, urinals, and cess-pools; (c) the heights and slope of the roof above the uppermost floor upon which human beings are to live or cooking operations are to be carried on; (d) the ventilation and the space to be left about the buildings to secure the free circulation of air and for the prevention of fire; (e) the line of frontage where the building abuts on a street; (f) the number and height of the storeys of which the building may consist; (g) the means to be provided for egress from the building in case of fire; (h) the materials and method of construction to be used for godowns intended for the storage of foodgrains in excess of fifty maunds in order to render them rat-proof: (i) the minimum dimensions of rooms intended for use as living rooms or sleeping rooms: (j) the ventilation of rooms and the minimum dimensions of doors and windows. (k) the position and dimensions of projections beyond the outer face of any external wall of a building; and (l) the height of factory chimneys and the provision to be made for consumption of smoke arising from the combustible used in any fire place or furnace in factory. (2) Notwithstanding anything contained in section 93, no person shall erect or re-erect any building in contravention of any bye-law made under sub-section (1)

Special provision for cases where bye-laws have not been made under section 189(3). In any case in which no bye-laws have been made under sub- section (3) of section 189, the committee may, within 14 days of the receipt of the notice required

(1) The committee may, and if so required by the Deputy Commissioner shall, within six months of the date of such requisition, draw up a building scheme for built areas, and a town planning scheme for unbuilt areas, which may among other things provide for the following matters, namely :-(a) the restriction of the erection or re-erection of buildings or any class of buildings in the whole or any part of the municipality, and of the use to which they may be put;(b) the prescription of a building line on either side or both sides of any street existing or proposed; and(c) the amount of land in such unbuilt area which shall be transferred to the committee for public purposes including use as public streets by owners of land either on payment of compensation or otherwise, provided that the total amount so transferred shall not exceed thirty-five per cent, and the amount transferred without payment shall not exceed twenty-five per cent, of any one owner’s land within such unbuilt area.(2) When a scheme has been drawn up under the provisions of sub- section (1) the committee shall give public notice of such scheme and shall at the same time intimate a date not less than thirty days from the date of such notice by which any person may submit to the committee in writing any objection or suggestion with regard to such scheme which he may wish to make.(3) The committee shall consider every objection or suggestion with regard to the scheme which may be received by the date estimated under the provisions of sub-sections (2) and may modify the scheme in consequence of any such objection or suggestion and shall then forward such scheme as originally drawn up or as modified to the Deputy Commissioner who may, if he thinks fit, return it to the committee for reconsideration and resubmission by a specified date; and the Deputy Commissioner shall submit the plans as forwarded, or as resubmitted, as the case may be, with his opinion to the State Government, who may sanction such scheme or may refuse to sanction it, or may return it to the committee for reconsideration and resubmission by a specified date.(4) If a committee fails to submit a scheme within six months of being required to do so under sub-section (1) or fails to resubmit a scheme by a specified date, when required to do so under sub-section (3) or resubmits a scheme which is not approved by the State Government, the Deputy Commissioner may draw up a scheme of which public notice shall be given by notification and by publication within the municipality together with an intimation of the date by which any person may submit in writing to the Deputy Commissioner any objection or suggestion which he may wish to make, and the Deputy Commissioner shall forward with his opinion any such objection or suggestion to the State Government and the State Government may sanction such scheme as originally notified or modified in consequence of any such objection or suggestion, as the State Government may think fit; and the cost of such scheme or such portion of the cost as the State Government may deem fit shall be defrayed from the municipal fund.(5) When sanctioning a scheme the State Government may impose conditions for the submission of periodical reports on the progress of the scheme to the Deputy Commissioner or to the State Government, and for the inspection and supervision of the scheme by the State Government.

(1) The committee or the Executive Officer as the case may be, shall refuse to sanction the erection or re-erection of any building in contravention of any bye-law made under sub-section (1) of section 190 or in contravention of any scheme sanctioned under sub- section (3) or sub section (4) of Section 192 unless it be necessary to sanction the erection of a building in contravention of such a scheme owing to the committee’s inability to pay compensation as required by section 174 for the setting back of a building. (1-a) When the erection or re-erection of a building is likely, in the opinion of the Committee or the Executive Officer, as the case may be to interfere with the enforcement of a scheme proposed under section 192, the Committee may refuse its sanction and in such case shall communicate its refusal in writing together with the grounds therefor, to the applicant within sixty days of the receipt of his application, and the applicant may thereafter by written notice require the committee to proceed with the preparation of the proposed scheme with all possible speed. The application shall be deemed to have been sanctioned if an order of refusal is not passed by the committee or the Executive Officer as the case may be within the time specified above, or if the proposed scheme has not received the sanction of the State Government within twelve months of the date of delivery of the applicant’s written notice hereinbefore referred to : Provided that should a resolution refusing such sanction be suspended under section 232, the period prescribed above shall commence to run afresh from the date of communication of final orders by the State Government under section 235. Explanation:- A scheme shall be deemed to have been proposed under section 192 if a requisition for its preparation has been received by the committee from the Deputy Commissioner or if the preparation of the scheme is under the consideration of the committee.(2) The committee or Executive Officer, as the case may be may refuse, to sanction the erection or re-erection of any building for any other reason, to be communicated in writing to the applicant, which it or he as the case may be deems to be just and sufficient as affecting such building, be if the land, on which it is proposed to erect or re-erect such building is vested in the government or in the committee, and the consent of the Government concerned or, as the case may be, of the committee has not been obtained, or if the title to the land is in dispute between such person and the committee or any Government.(3) Subject to the provisions of sub-section (1) the committee or the Executive Officer, as the case may be may sanction the erection or re- erection of any building either absolutely or subject to such modifications in accordance with the bye-laws and rules as it or he as the case may be may deem fit.(4) Notwithstanding anything contained in sub-section (1) or sub- section (2) but subject to the provisions of sub-section (2) of section 190 and sub section (1-a) of this section if the committee or the Executive Officer as the case may be neglects or omits within sixty days of the receipt from any person of a valid notice of such person’s intention to erect or re- erect a building, or within one hundred and twenty days, if the notice relates to a building on the same or part of the same site, on which sanction for the erection of a building has been refused within the previous twelve months, to pass orders sanctioning or refusing to sanction such erection or re-erection, such erection or re- erection shall, unless the land on which it is proposed to erect

Every sanction for the erection or re-erection of any building which shall be given or be deemed to have been given by a committee, or the Executive Officer, as the case may be shall remain in force for one year only from the date of such sanction, or for such longer period as the committee or the Executive Officer, as the case may be may have allowed when conveying sanction under section 189. Should the erection or re-erection of the building not have been commenced within one year and completed within two years or such longer period as may have been allowed by the committee or the Executive Officer as the case may be the sanction shall be deemed to have lapsed; but such lapse shall not bar any subsequent application for fresh sanction under the foregoing provisions of the Act.

Penalty for disobedience. Should a building be begun, erected or re-erected.- (a) without sanction as required by section 189(1); or (b) without notice as required by section 189(2) ; or (c) when sanction has been refused; the committee may by notice delivered to the owner within six months from the completion of the building, require the building to be altered or demolished as it may deem necessary within the period specified in such notice; and should it be begun or erected, (d) in contravention of the terms of any sanction granted; or (e) when the sanction has lapsed; or (f) in contravention of any bye-law made under section 190; or in the case of a building of which the erection has been deemed to be sanctioned under section 193(4), if it contravenes any scheme sanctioned under section 192; the committee may by notice to be delivered to the owner within six months from the completion of the building require the building to be altered in such manner as it may deem necessary, within the period specified in such notice: Provided that the committee may, instead of requiring the alteration or demolition of any such building, accept by way of compensation such sum as it may deem reasonable: Provided also that the committee shall require a building to be demolished or altered so far as is necessary to avoid contravention of a building scheme drawn up under section 192: Provided further that if any notice is issued by the Executive Officer under this section on the ground that a building has been begun or has been erected in contravention of the terms of any sanction granted or in contravention of any bye-law made under section 190 the person to whom the notice is issued may, within fifteen days from the date of service of such notice, appeal to the committee, and subject to the provisions of sections 225, 232 and 236, the decision of the committee shall be final.

(1) No compensation shall be claimable by an owner for any damage which he may sustain in consequence of the prohibition of erection of any building. (2) The committee shall make reasonable compensation to the owner for any damages or loss which he may sustain in consequence of the prohibition of the re-erection of any building or part of a building except in so far as the prohibition is necessary under any bye-law. Provided that the committee shall make full compensation to the owner for any damage he may sustain in consequence of his building or any part thereof being set back, unless for a period of three years or more immediately preceding such notice the building has by reason of its being in ruinous or dangerous condition become unfit for human habitation or unless an order of prohibition issued under section 116 has been and still is in force in respect of such building.

The committee may, and shall if so required by the State Government, by bye-law- (a) prohibit the manufacture, sale, or preparation or exposure for sale, of any specified articles of food or drink, in any place or premises not licensed by the committee; (b) regulate the hours and manner of transport within the municipality of any specified articles of food or drink, and prescribe the route by which such articles shall be carried; (c) prohibit the sale of milk, butter, ghee, curd, meat, game, fish and poultry by persons not licensed by the committee; (d) prohibit the import into the municipality for sale of milk, cream, butter, ghee, curd, meat, game, fish and poultry by person not licensed by the committee; (c) make regulations for the grant and withdrawal of licences and the levying of fees therefor under this section: Provided that no person shall be punishable for breach of any bye-law made under clause (a) of this section by reason of the continuance of such manufacture, preparation or exposure for sale, or sale upon any premises which are, at the time of the making of such bye- law, used for such purpose until he has received from the committee six months’ notice in writing to discontinue such manufacture, preparation or exposure for such sale, or such sale in such premises: Provided further that nothing herein contained shall affect the operation of section 43 of the Punjab Laws Act, 1872, and the rules made thereunder.

1[--] Section 199

Penalty for infringement of bye-laws. (1) In making any bye-law under any section of this chapter, the committee may direct that a breach or an abetment of a breach of it shall be punishable with fine which may extend to Rs. 500, and, when the breach is a continuing breach, with a further fine which may extend to five rupees for every day after the first during which the breach continues. (2) In lieu of or addition of such fine the magistrate may require the offender to remedy the mischief so far as is within his power.

Procedure for making bye-laws. All bye-laws made under this Act shall be subject to previous publication.

(1) No bye-law made under any section of this chapter shall come into force until it has been confirmed by the State Government and, published for such time and in such manner as the State Government may prescribe in this behalf. (2) The State government may cancel its confirmation of any such bye-laws and thereupon the bye-law shall cause to have effect.

(1) A copy of all bye-laws made under this Act for any municipality shall be kept at the committee’s office, and shall be open during office hours without charge to the inspection of any inhabitant. (2) Copies of all such bye-laws shall be kept at the committee’s office for sale to the public at a price not exceeding one rupee.