The Gangtok Municipal Corporation Act, 1975

(1) This Act may be called the Gangtok Municipal Corporation Act, 1975. (2) It extends and applies to the town of Gangtok; but the State Government may by notification extend all or any of the provisions of this Act to areas outside the town of Gangtok. (3) It shall come into force on such date as the State Government may by notification appoint. (1) This Act may be called the Gangtok Municipal Corporation (Amendment) Act, 1982.

(2) It shall be deemed to have come into force on and from the date of commencement of the Gangtok Municipal Corporation Act, 1975, except section 3 which shall be deemed to have come into force on and from the 16th day of December, 1981.

In this Act, unless there is anything repugnant in the subject or context - (1) "bridge" includes a culvert; (2) "building" includes a house, out-house, stable, privy, urinal, shed, hut, wall (other than a boundary wall, not exceeding ten feet in height) and any other such structure, whether of masonry, bricks, wood, mud, metal or any other material whatsoever, but does not include any temporary shed erected on ceremonial or festive occasions; (3) "conservancy" means the removal and disposal of sewage, offensive matter and rubbish; (4) "dangerous disease" means - (a) cholera, plague, small-pox, cerebrospinal meningitis and diptheria; and (b) any other disease which the State Government may, by notification, declare to be a dangerous disease for all or any of the purposes of this Act. (5) "drain" includes a sewer, a house-drain, a drain of any other description, a tunnel, a culvert, a ditch, a channel and any other such device for carrying of sullage, sewage, offensive matter, polluted water, rain water or sub-soil water; (6) "holding" means land held under one title or agreement and surrounded by one set of boundaries: Provided that where two or more adjoining holdings form part and parcel of the site or premises of a dwelling house, manufactory, warehouse or place of trade or business, such holdings shall be deemed to be one holding for the purpose of this Act. Explanation : Holdings separated by a street or other means of communication shall be deemed to be adjoining within the meaning of this proviso; (7) "hut" means any building which is constructed principally of wood, bamboo, mud, leaves, grass or thatch and includes any temporary structure of whatever size or any small building (not being masonry building) of whatever material made; (8) "inhabitant" used with reference to any local area means any person ordinarily residing or carrying on business or owing or occupying immovable property therein; (9) "land" includes benefits arising out of land, and things attached to the earth, or permanently fastened to any thing attached to the earth; (10) "market" includes any place where persons assemble for the sale of any living thing intended for human food or of any article of food; (11) "notification" means a notification published in the official Gazette. (12) "occupier" mean any person for the time being in possession or deemed to be in possession of any land or building in respect of which the word is used and includes an owner living in, or otherwise using, his own land or building. (13) "owner" includes the person for the time being receiving the rent of any land or building or any part of any land or building whether on his own account or as agent or trustee for any person of society or for any religious or charitable purpose, or as a receiver, or who would so receive such rent if the land building or part thereof were let to a tenant; (14) "prescribed" means prescribed by this Act or by rules or by-laws made thereunder; (15) "private street" means any street, road, lane, gully, alley, passage or square which is not a public street as defined in this Section, but does not include a passage securing access to less than four premises, or a passage provided in effecting the partition of any building amongst joint-owners; (16) "public street" means any street, road, lane, gully, alley, passage, pathway, square or Court, whether a thoroughfare or not, over which the public have a right of way, and includes - (a) the roadway over any public bridge or causeway, (b) the footway attached to any such street, public bridge or causeway; (c) the passage connecting two public streets and (d) the drains attached to any such street, public bridge or causeway; and, where there is no drain attached to any such street, shall be deemed to include also, unless the contrary is shown, all land upto the boundary wall, hedge or pillar of the premises, if any, abutting on the street, or if a street alignment has been fixed, then upto the alignment; (17) "sewage" means night-soil and other contents of privies, urinals, cesspools or drains and includes trade effluent and discharges from manufactories of all kinds; (18) "slaughter house" means any place used for the slaughter of cattle, sheep, goat, kids or pigs for the purpose of selling the flesh thereof as meat; (19) "year" means a year beginning on the first day of April. In the Gangtok Municipal Corporation Act, 1975 (hereinafter referred to as the principal Act), in section 2, -

(a) clause (1) shall be re-numbered as clause (1a) and before the clause as so re-numbered, the following clause shall be inserted, namely:-

(1) "Administrator" means the officer appointed by the State Government under sub-section (5) of section 3, ';

(b) after clause (3), the following clause shall be inserted, namely:-

'(3a) "Corporation" means the Gangtok Municipal Corporation constituted under sub-section(1) of section 3;';

(c) after clause (5), the following clause shall be inserted, namely:-

'(5a) "Executive Officer" means the officer appointed by the State Government under section 10;';

(d) after clause (18) , the following clause shall be inserted, namely:-

'(18a) "Tribunal" means the Tribunal constituted by the State Government under section 49F.'

(1) There shall be established for the town of Gangtok a Municipal Corporation consisting of such number of Councillors not exceeding nine in number as the State Government may specify in the notification constituting the Corporation. The boundaries of the Corporation shall be specified in the notification and may, by notification be altered by the State Government from time to time. (2) The Corporation shall be a body corporate by the name of the Gangtok Municipal Corporation having perpetual succession and a common seal and by that name shall sue and be sued. (3) The first Councillors shall be nominated by the Government by notification and shall hold office for four years commencing from the date of the first meeting of the newly formed Corporation after the notification at which a quorum is present. (4) Subject to the provision of sub-section (3), the Councillors shall be elected on the basis of adult franchise in the manner prescribed by rules made by the State Government and shall hold office for four years commencing from the date of the first meeting of the Corporation after such election at which a quorum is present. In the principal Act, in section 3, -

(a) in sub-section (5), for the words "a period of two years" the words "period of four years" shall be substituted;

(b) to sub-section (5), the following proviso shall be added, namely:-

"Provided that the State Government may by a like order, extend the period of appointment of the Administrator for a further period of one year or until the reconstitution of the Corporation, whichever is earlier.";

(c) in sub-section (6), in clause (b), for the word "Corporation", the words "Corporation, the Corporation at meeting " shall be substituted.

The State Government may, by notification, divide the Corporation into Wards and for the purpose of the election of the Councillors determine the number of Councillors to be elected from each such Ward. In the principal Act, in section 9, in sub-section (3), for the words "more than three hundred Rupees", the words "more than eight hundred rupees" shall be substituted.

The State Government may, by notification, divide the Corporation into Wards and for the purpose of the election of the Councillors determine the number of Councillors to be elected from each such Ward. In the principal Act, in section 9, in sub-section (3), for the words "more than three hundred Rupees", the words "more than eight hundred rupees" shall be substituted.

(1) A person shall not be eligible for nomination or election as a Councillor if such person - (a) has been adjudged by a competent Court to be of unsound mind; or (b) is under twenty one years of age; or (c) is an undischarged insolvent, or (d) being a discharged insolvent, has not obtained from the Court a certificate that his insolvency was caused by misfortune without any misconduct on his part; or (e) is a municipal officer or servant or holds any office of profit under the Corporation; or (f) has directly or indirectly by himself or by his partner or employee or any employee, any share or interest in any contract or employment with, by, or on behalf of, the Corporation; or (g) is in arrears for more than six months in payment of any rate or tax. (2) If any person is or has been convicted by a Criminal Court of an offence punishable with imprisonment for a period of more than six months, such person L-ll not he eligible for election or nomination for five years from thedate of ex- Provided that, on application made by a person disqualified under this sub-section, the State Government shall by an order made in this behalf remove the disqualification if in the opinion of the State Government the offence does not involve moral turpitude. in the principal Act, after section 26, the following section shall be inserted, namely:-

"26A. The Corporation may , with the previous sanction of the State Government, borrow money from banks and other financial institutions, on the security of the Municipal Fund or any of its other assets for the purposes of this Act."

Every person who is nominated or elected as Councillor shall before taking his seat make and subcribe before such officer as the State Government may authorise in this behalf an oath or affirmation in the following form, namely, "I, A.B., having been nominated/elected a Councillor of the Gangtok Municipal Corporation, do swear in the name of God (or solemnly affirm) that I will bear true faith and allegiance to the Constitution of India as by law established and that I will faithfully discharge the duties upon which I am about to enter." In the principal Act, in section 46, in sub-section (1), -

for the words "thirty days", the words "sixty days" shall be substituted.

At the first meeting of the Corporation, the Councillors, after making and subscribing the oath of allegiance under Section 6 shall appoint one of their member to preside at the meeting and shall proceed to elect a Chairman and a Vice-Chairman of the Corporation. In the principal Act, for section 49, the following section shall be substituted, namely:-

"49. (1) if the Corporation is satisfied -

(a) that the erection of any building-

(i) has been commenced without obtaining any permission required to be obtained by or under this Act; or

(ii) is being carried on or has been completed otherwise than in accordance with the particulars on which such permission was based; or

(iii) is being carried on or has been completed in breach of any provision of this Act or any rule or bye-law made thereunder, or any direction or requisition lawfully given or made under this Act or under such rule or bye-law; or

(b) that any alteration of, or addtiion to, any building or any other work made or done for any purpose in, to or upon any building, has been commenced or is being carried on or has been completed in contravention of, or otherwise than in accordance with any sanction granted under section 46 or section 48 ; or

(c) that any alteration required by any notice issued under this Act or any rule or bye-law made, under this Act, has not been duly made,

it may, without prejudice to any action that may be taken under any other provisions of this Act, by a notice in writing require the person responsible, to demolish within ten days of receipt of notice such erection, alteration, as the case may be, or to show cause why such erection, alteration, addition or other work should not be demolished or the alteration should not be made.

(2) The Corporation may issue notice under sub-section (1) notwithstanding the fact that the valuation of such building has been made under this Act and the Corporation has received payment of tax on such valuation.

(3) If the person responsible fails -

(a) to demolish such erection, alteration, addition or other work, or to make the alterations; or

(b) to show cause to the satisfaction of the Corporation why such erection, alteration, addition or other work should not be demolished, or the alteration should not be made,

the Corporation may, by order and through its officers, employees or workmen demolish the erection, alteration, addition or other work and recover the expenses of demolition from the person responsible:

Provided that where the person responsible shows cause, the order to demolish the erection, alteration, addition or other works shall not be made without giving the person responsible, an opportunity of being heard :

Provided further that a copy of the order referred to in this clause or in the first proviso shall be served upon the owner and the occupier thereof and no such action shall be taken until after the expiry of thirty days from the date of the service of the said order.

(4) Notwithstanding anything contained in sub-section (1), sub-section (2) or sub-section (3), no action shall be taken under this section in respect of any erection, alteration, addition or other work executed more than twelve years before or before the commencement of the Gangtok Municipal Corporation Act, 1975, whichever is later:

Provided that the onus of proving that the erection, alteration, addition, or other work was executed more than twelve years before or before the commencement of the Gangtok Municipal Corporation Act, 1975, shall lie on the person responsible:

Provided further that no action shall be taken in respect of any erection, alteration, addition or other work which has been regularised under the provisions of this Act."

(1) The State Government may remove a Councillor - (a) if the removal is recommended by a resolution of the Corporation passed at a special meeting called for the purpose and supported by the votes of not less than two-thirds of the total number of the Councillors of the Corporation holding office for the time being; or (b) if he has been declared by the State Government by notification issued after due enquiry to have violated his oath of allegiance; or (c) if he absents himself from the meetings of the Corporation for six months continuously without having obatained permission from the Chairman, or in his absence from the Vice-Chairman; or (d) if he refuses to act or becomes incapable of acting or is declared insolvent or if, after his appointment as Councillor, he is convicted of an offence which in the opinion of the State Government involves moral turpitude; or (e) if he acquires or continues to have directly or indirectly by himself or his partner or his agent, any share or interest in any contract or employment with, by, or on behalf of the Corporation or holds any office of profit under the Corporation; or (f) if he is in arrears for more than one year in payment of rates and taxes payable under this Act. (2) Before removing a Councillor under sub-section (1), the State Government shall allow the Councillor an opportunity of being heard. (3) All acts and proceedings of any Councillor shall, if done previously to such removal, be valid and effectual to all intents and purposes.

(1) The Corporation may subject to the provisions of this Act and the rules made thereunder from time to time determine what officers and other servants of the Corporation are necessary for the Corporation and may make appointments of such officers and servants and fix their salaries and allowances. (2) The Corporation may delegate to the Chairman the power to appoint and dismiss such officers and servants as it may deem fit. (3) No appointment to and dismissal from the post of any officer or servant carrying a monthly salary rising by periodical increments to more than three hundred rupees shall be made by the Corporation under sub-section (1) or by the Chairman under sub-section (2) without the approval of the State Government. (4) No person shall be eligible for employment as an officer or servant of the Corporation if he has, directly or indirectly by himself or his partner or employer or employee, any share or interest in any contract or employment with, by, or on behalf of the Corporation and if any such officer or servant subsequently acquires such share or interest he may be removed from service in accordance with rules which may be prescribed. In the principal Act, section 53 shall be omitted.

(1) The State Government may, after consulting with the Councillors, if it thinks necessary so to do in the public interest, appoint by notification, an Executive Officer for the Corporation and shall make such appointment if in its opinion the affairs of the Corporation are not properly managed or can not be managed in accordance with law, for such period not exceeding one year at a time as may be specified in the notification. (2) The Executive Officer shall be paid out of the Municipal Fund such salary and allowance as may from time to time be fixed by the State Government. (3) The Executive Officer appointed under this section shall exercise such powers of the Chairman or of the Corporation as may be conferred on him by notification by the State Government and on such notification such powers shall cease to be exerciseable by the Chairman or by the Corporation as the case may be. (4) The Corporation may delegate to the Executive Officer all or any of the powers of the Corporation. (5) The State Government may at any time suspend, remove, dismiss or otherwise punish the Executive Officer appointed under this Section. In the principal Act, in section 75,-

(a) after the words "punished with fine," the words "which may extend to ten thousand rupees" shall be inserted;

(b) for the words "one hundred rupees," the words "five hundred rupees" shall be substituted.

(1) The Executive Officer shall be the principal executive officer of the Corporation and all other officers and servants of the Corporation shall be subordinate to him. He shall have the same right of being present at a meeting of the Corporation or any special or standing committee, and of taking part in the discussion thereat as if he was a Councillor or a member of the Committee, but he shall not be entitled to vote at such meeting. (2) Subject to the provisions of sub-section (3) and sub-section (4) of section 10, the Executive Officer shall act in respect of all other matters under the direction of the Chairman through whom he shall be responsible to the Corporation. In the principal Act, in section 85, for the words "proceedings shall be," the words "proceedings shall lie" shall be substituted.

The Corporation may, subject to the sanction of the State Government, make rules as to - (i) the appointment, leave, duties, conditions of service, disciplinary proceedings, punishment or dismissal and removal of the officers and servants of the Corporation; (ii) the granting of pensions, gratuities, bonuses or other grants and allowances to or for the officers and servants of the Corporation out of the Municipal Funds; (iii) the creation and management of a provident fund or annuity fund, for compelling contributions to such provident or annuity fund on the part of their officers and servants, and for supplementing such contributions out of the Municipal Fund; (iv) the nature and amount of security to be furnished by different classes of officers and servants of the corporation for the proper discharge of their duties; (v) the payment to be made out of the Municipal Fund to the Chairman, Vice-Chairman, Councillors and officers and servants of the Corporation for travelling expenses as may be incurred in performing journeys for carrying out for purposes of this Act. In the principal Act, after section 85, the following sections shall be inserted, namely:-

(1) The Chairman or in his absence, the Vice-Chairman shall call a meeting of the Corporation at least once in every month. (2) The Chairman or in his absence the Vice-Chairman shall call a special meeting of the Corporation on a requisition signed by not less than one-third of the total number of Councillors; if the Chairman or Vice-Chairman fails to give notice of a special meeting to be held within fifteen days after such requisition has been made, the meetings may be called on seven days notice by the Councillors signing the requisition. (3) The Chairman, or in the absence, the Vice-Chairman shall preside at every meeting and in his absence of both the Chairman and the Vice-Chairman, the Councillor shall choose one of their member to preside. (1) The Gangtok Municipal Corporation (Amendment) Ordinance, 1981, is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the Ordinance so repealed, shall be deemed to have been done or taken under the corresponding provisions of this Act.

(1) All questions which may come before the Corporation at a meeting shall be decided by a majority of votes and in case of equality of votes, the person presiding shall have a second or casting vote. (2) No Councillor shall vote on any matter affecting his own pecuniary interest or on any question exclusively relating to his liability to any tax, rate, toll or fee or any assessment of himself or valuation of any property in which he is in any way interested as owner, manager or agent or otherwise.

(1) No business shall be transacted in any meeting of the Corporation unless a quorum shall be present. (2) One-third of the total number of the Councillors holding office for the time being shall be the quorum; provided that in case where the total number of Councillors holding office for the time being is not evenly divisible by three, the one-third shall be ascertained by taking the number next above such total number which is evenly divisible by three, as the number to be divided. (3) If at the appointed time for a meeting, or within half an hour thereafter, a quorum is not present, the meeting shall be adjourned to some future day to be appointed by the Chairman or, in his absence, by the Vice-Chairman and three day's notice of such adjourned meeting shall be given, and no quorum shall be necessary for such adjourned meeting.

(1) A list of the business to be transacted at a meeting and, in the case of meeting called on a requisition, the terms of the requisition, shall be sent to every Councillor at least three days before the date appointed for the meeting and no business of which such notice has not been given shall be brought forward at a meeting. (2) Minutes of the proceedings of all meetings of the Corporation, in which shall be recorded interalia the names of all the Councillors present, and the person presiding, shall be entered into a book to be kept for the purpose and shall be signed by the person presiding over the meeting and such book shall be open to inspection of the tax-payers. (3) The minutes shall be laid before the next meeting of the Corporation for confirmation and shall be also signed by the person presiding at such meeting.

17.(1) The Corporation may from time to time appoint standing committees and by specific resolution delegate to, or withdraw from, such committees any of its functions, powers and duties. (2) Each standing committee shall consist of Councillors who shall not be less than two-thirds of the total number of the members of the Committee and such other persons not exceeding one-third in number as the Corporation at a meeting may, from time to time, determine and nominate for this purpose. (3) All the proceedings of any such committee shall be subject to confirmation or modification by the Corporation unless in special case the Corporation at a meeting otherwise directs. (4) All questions regarding the removal or resignation of members of a Committee shall be decided by the Corporation,

18.(1) The Corporation may join with any other local authority in constituting out of their respective bodies a joint committee for any purpose in which they may be jointly interested and in delegating to any such joint committee any power which might be exercised by the Corporation or any of the local authorities concerned. (2) Such joint committee may, from time to time, make rules as to its proceedings and as to the conduct of correspondence relating to the purpose for which it is constituted.

19. If a dispute arises between the Corporation and any other local authority on any matter in which they are jointly interested, such dispute shall be referred to the State Government whose decision shall be final and shall not be questioned in any Court.

20. The Corporation may, subject to the sanction of the State Government, make rules as to— (a) the time of its meetings, the business to be transacted at meetings and the period of notice of meetings and the manner in which such notice shall be given; (b) the conduct and control of proceedings at meetings, the due record of all discussion and dissents and the adjournment of meetings; (c) the custody of the common seal; (d) the division of duties among the Councillors and the powers to be exercised by the Councillors to whom particular duties are assigned; (e) the manner of appointment and the constitution of committees and the regulation and conduct of their business; and (f) the delegation of powers or duties to committees or to the Chairman of a committee.

21.(1) No act done or proceedings taken under this Act shall be questioned on the ground merely of— (a) the existence of any vacancy in or any defect in the constitution of the Corporation or any standing, joint or other committees or any disqualification in less than half of the Councillors or members of the Committee present when the act or proceeding was done or taken; (b) any defect or irregularity not affecting the merits of the case. (2) Every meeting of the Corporation, or any of the standing, joint or other committees, the minutes of the proceedings of which have been duly signed by the person presiding over the meeting, shall be deemed to have been duly convened and when the minutes are confirmed at a subsequent meeting shall be deemed to be free from all defects and irregularities and the accidental omission to serve notice of a meeting on any Councillor shall not affect the validity of the meeting.

22. The Corporation may acquire by gift, purchase or otherwise and hold property whether moveable or immovable within or without the limits of the Corporation and may also sell or otherwise dispose of such property in pursuance of a resolution at a meeting.

23. (1) All property within the limits of the Corporation of the nature hereinafter in this section specified, other than property owned or maintained by the Central or the State Government or any other local authority, shall vest in and belong to the Corporation and shall, with all other property of of whatsoever nature or kind which may become vested in the Corporation, be under its direction, management and control, that is to say— (a) all public streets and all things connected with or provided for such streets; (b) all public channel, water courses, springs, tanks, reservoirs, cisterns, walls and other water-works, bridges, buildings and all other materials or things connected therewith; (c) all public sewers and drains and all works, materials and things pertaining thereto and other conservancy works; (d) all sewage, rubbish and offensive matters deposited on streets or collected by the Corporation from streets, latrines, urinals, sewers, cess-pools and other places; (e) all public lamps, lamp-posts and apparatus connected therewith or appertaining thereto; and (f) all buildings erected by the Corporation and all lands, buildings or other property transferred to the Corporation or acquired by gift, purchase or otherwise. (2) The State Government may, by notification, exclude any street, bridge, sewer or drain from the operation of the Act or any specified provisions of this Act.

24.(1) The Corporation may enter into and perform any contract necessary for the purpose of this Act. (2) Every contract made on behalf of the Corporation in respect of any sum exceeding five hundred rupees or which shall involve a value exceeding five hundred rupees shall be sanctioned by the Corporation at a meeting and shall be in writing and signed by at least two Councillors, one of whom shall be the Chairman or Vice-Chairman and shall be sealed with the Common seal of the Corporation and unless so executed, such contract shall not be binding on the Corporation.

25.(1) There shall be one Municipal Fund held by the Corporation in trust for the purpose of this Act to which all sums realised or realisable under this Act and all sums otherwise received by the Corporation shall be credited. (2) Unless the State Government otherwise directs, all sums received on account of the Municipal Fund shall be paid into a Government Treasury or into any Bank used as a Government Treasury and shall be credited to an account to be called the account of the Gangtok Municipal Corporation. (3) All sums from time to time credited to the Municipal Fund shall be applied in payment of all sums, charges and costs necessary for carrying out the purposes of this Act or of which payment is duly directed or sanctioned by or under any of the provisions of this Act or payment of which is directed or sanctioned by the Corporation with the approval of the State Government.

26.(1) At least two months before the close of the year, the Corporation shall have prepared a complete account of the actual and expected receipts and expenditure for that year together with a budget estimate of the income and expenditure of the Corporation for the next year. (2) When the budget has been passed at a meeting, the Corporation shall obtain the approval of the State Government and shall not incur any expenditure except in accordance with the budget approved by the State Government. (3) A revised or supplementary budget may be passed by the Corporation in the course of the year and, if approved by the State Government, the Corporation may incur expenditure in accordance with the revised or supplementary budget.

27. The State Government may make rules; (a) to regulate the application of the Municipal Fund to the purposes to which it is applicable; (b) to regulate the keeping, checking and publication of accounts and periodical audit thereof; (c) to regulate the preparation of the budget estimate including revised or supplementary budget estimate and the expenditure of money for purposes provided therein; (d) to provide for the retention of adequate working and closing balances; (e) to regulate the preparation, submission and publication of returns, statements and reports by the Corporation and to prescribe registers and forms; (f) to determine the persons by whom orders for payment of money from the Municipal Fund may be signed, how such payments shall be made and by whom receipts may be given; (g) to provide for the supply of certified copies of municipal records to the public and the levy of fees for such supply.

28. The Corporation may, from time to time at a meeting convened expressly for the purpose, subject to the provision of the Act, impose within the limits of the Corporation the following rates, taxes and fees or any of them :- (a) a rate on holdings except holdings belonging to State and Central Government situated within the limits of the Corporation assessed on their annual value; (b) a conservancy rate on the annual value of holdings; (c) a water-rate on the annual value of the holdings; (d) a tax on trades, profession and callings; (e) any other tax, rate or fees which the Corporation is empowered to impose under any law for the time being in force.

29.(1) The annual value of a holding shall be deemed to be the gross annual rental at which the holding may reasonable be expected to let. (2) If such gross annual rental cannot be easily estimated or ascertained, the annual value of such holding shall be deemed to be an amount which may be equal to but not exceeding seven and half percentum on the value of the building or buildings on such holding at the time of assessment plus a reasonable ground rent for the land comprised in the holding. (3) The value of any machinery or furniture which may be on a holding shall not be taken into consideration in estimating the annual value of such holding under this section

30.(1) The rate on holdings shall not exceed fifteen percentum on the annual value of holdings; (2) The Corporation at a meeting may, either wholly or partially, exempt from the rate on holdings any holding which is used exclusively as a place of public worship or for purposes of public charity or as public burial or burning ground under this Act or as a mortuary. (3) The water rate shall not be levied at more than seven and half per centum and shall be imposed only on holdings within an area for the supply of water to which the Corporation has made arrangements. (4) The conservancy rate shall not be levied at more than ten per centum on the annual value of the holdings and the Corporation shall make arrangements for the cleansing of all latrines, urinals and cess-pools. A rebate of seventy-five per centum of the conservancy rate levied on a holding shall be allowed if the holding is provided with necessary sanitary-type latrines in working order and with no service privy or service-urinal.

31.(1) When it has been decided to impose any rate to be assessed on the annual value of holdings, the Corporation at a meeting shall appoint an assessor for the purpose who shall determine annual value of all buildings within the Corporation and shall enter such value in a valuation list. (2) A new valuation list shall unless otherwise ordered by the State Government be prepared in the same manner once in every five years.

32.(1) The Corporation at a meeting to be held before the close of the year next preceeding the year to which the rate will apply shall determine the percentage on the valuation of holdings at which any rate on the annual value of holdings shall be levied and the percentage so fixed shall remain in force until the Corporation at a meeting shall determine some other percentage on the valuation of holdings at which the rate will be levied from the beginning of the next year. (2) As soon as possible after the percentage at which the rate or rates shall be levied for the next year has been determined under sub-section (1), the Corporation shall cause to be prepared by the assessor an assessment list, which shall contain the following particulars and any other which the Corporation may think proper to include :- (a) the name and/or number and other particulars of the street in which the holding is situated; (b) the number of the holding on the register; (c) a description of the holding; (d) the annual value of the holdings; (e) the name of the owner and occupier; (f) the amount of rate payable for the year showing each rate separately; (g) the amount of quarterly instalment.

33. The Corporation at a meeting may for good and sufficient reasons recorded in writing, at any time, direct alteration or amendment of the assessment list by revaluing or re-assessing any building. (2) The Corporation at a meeting may reduce or remit the amount payable as rate or rates on account of any holding. If it is satisfied that the levy of such rate or rates would be productive of excessive hardship to the person liable to pay the same.

34.(1) When the assessment list mentioned in section 32 has been prepared or reviewed, the Chairman shall sign the same and shall cause it to be deposited in the office of the Corporation and shall also give notice of assessment to the owners and occupiers in respect of their respective holdings. (2) Any person who is dissatisfied with the amount of assessment in respect of his holding or disputes his liability to be assessed, may apply to the Corporation to review the amount of assessment or valuation or to exempt him from the assessment of rate and such application shall be disposed of by the Corporation at a meeting or by any committee constituted and authorised by the Corporation by a resolution. (3) No such application shall be received after the expiration of 60 days from the date of service of the notice under sub-section (1). (4) An appeal against any decision under subsection (2) may be filed within 30 days from the date of such decision before the District Officer within whose jurisdiction the Corporation is situated, and the decision on appeal shall be final and shall not be questioned in any court.

35.(1) The rate or rates assessed shall be payable by the owner in quarterly instalments and every such instalment shall be due in the first day of the quarter in respect of which it is payable. (2) As soon as may be after any sum has become due on account of any tax, rate or fee, the Corporation shall cause to be presented to the persons liable a notice of demand in the prescribed form.

36.(1) If any person does not within sixty days of the service of a notice of demand under sub-section (2) of Section 35 pay the sum due either at the office of the Corporation or to some person authorised by the Corporation in this behalf or show sufficient cause for not paying the same, the amount of the arrear due along with interest at the rate of twelve percentum per annum and with costs, may, at any time be levied by distress and sale of any moveable property belonging to the defaulter except ploughs, plough-cattle, tools or implements of agriculture or trade. (2) In the event of failure to recover the whole or any part of the sum due by distress and sale under sub-section (1), the Corporation may sue the person liable to pay the same in any Court of competent jurisdiction.

37. When it has been determined that a tax shall be imposed on any profession, trade or callings, every person who exercises within the Corporation, either by himself or by an agent or representative any such profession, trade or calling shall take out a yearly licence and pay the tax as may be imposed by the Corporation which shall be realised in quarterly instalments.

38. The State Government may by notification direct that the works as may be specified in the notification may be continued to be undertaken by the concerned departments of the State Government within the limits of the Corporation and that so long such works will be so continued to be undertaken by the concerned departments of the State Government, a portion of the taxes collected by the Corporation as may be fixed by the State Government shall be paid by the Corporation to the departments concerned.

The Corporation in pursuance of a decision arrived at a meeting may—

(a) lay out new streets, squares and gardens; (b) construct new bridges, causeways, culverts, and sub-ways; (c) turn, divert or temporarily or permanently close any public square, street or garden; (d) widen, open, enlarge or otherwise improve any public street, square or garden; (e) pass order regulating or prohibiting any description of traffic on any particular or on public streets in general or preventing obstruction, encroachment or excavation on or near such street or streets.

(1) The Corporation shall provide for the removal— (a) of sewage, rubbish and offensive matters from all public latrines, urinals and drains and from all public streets and other property vested in the Corporation; (b) if a conservancy-rate has been imposed under Section 28, of sewage and offensive matters from all private latrines, urinals and cesspools.

(1) It shall be lawful for the Corporation— (a) to provide a sufficient supply of water for the domestic use of the inhabitants; (b) to cause the public streets to be sufficiently lighted. (2) If a water-rate has been imposed under Section 28, the Corporation shall provide a sufficient supply of water for the domestic use of the inhabitants; If lighting-rate has been imposed under section 28, the Corporation shall cause the public streets to be sufficiently lighted.

No piece of land shall be used as a site for the erection of a building and no building shall be erected otherwise than in accordance with the provision of this Chapter and of any rule or by-law made under this Act, relating to the use of building sites or to the erection of buildings, as the case may be.

Every person who intends to erect a building shall first submit an application in the forms precribed to the Corporation together with such plans, specifications and other particulars as may be prescribed in any rule or by-law made in this behalf by the Corporation.

(1) Within thirty days after the receipt of any application made under section 45 or of any information or documents, which the Corporation may reasonably require, the applicant to furnish before deciding whether permission shall be granted to execute any work under the aforesaid section, the Corporation shall by written order, either— (a) grant permission conditionally or unconditionally to execute the work, or (b) refuse permissiion on the ground that the plans, specifications and other particulars are not in conformity with the rules or by-laws made in this behalf or that the proposed building is likely to affect the safety of the site or its adjoining area or privilege, safety or sanitation of any neighbouring building or buildings or of the locality. (2) When the Corporation grants permission conditionally under clause (a) of sub-section (1), it may in regard thereto impose such conditions, consistent with this Act, as it may think fit. (3) The decision of the Corporation in the matter of granting or not granting the permission as stated above shall be final and shall not be questioned in any Court.

(1) A permission to erect a building granted under Section 46 shall, unless it is renewed on an application made to the Corporation for this only for two years after the date on which it is granted, unless the work of erection has been commenced within that period but in any case shall not continue for a period longer than three years from the said date unless it is so renewed. (2) Any person who erects a building or continues the work of erection of a building, when the permission granted therefor has expired, shall be deemed to erect such building or to continue such work without sanction.

(1) The provisions of this Chapter and any rules or by-laws made under this Act relating to the erection of buildings, shall also apply to every material alterations of or additions to, any building, but shall not apply to necessary repairs not involving any of the works which constitute a material alteration or addition. (2) An alteration or addition in or to a building shall, for the purpose of this Chapter and of any rule or by-laws made under this Act, be deemed to be material if— (a) it increases or diminishes the height of, the area covered by or the cubical capacity of the building or any part thereof; or (b) it affects or is likely to affect prejudicially the stability or safety of the building or the condition of the building in respect of drainage, ventilation, sanitation or hygiene; or (c) it converts into a place for human habitation a building or part of a building originally constructed for other purposes; or (d) it is an alteration or addition declared by any rule or by-laws made in this behalf to be a material alteration or addition. (3) If any question arises as to whether any addition or alteration is necessary repairs not affecting the position, safety, stability, use, sanitary condition or dimension of a building or room, such question shall be referred to the Corporation at a meeting and the decision of the Corporation shall be final.

If any building or part of any building has been commenced or constructed not in conformity with the provisions of this Chapter or any rules or by-laws made in relation to buildings, the Corporation may, in addition to any prosecution that may be instituted under this Act, apply to a Magistrate and the Magistrate may order such building or such portion thereof as the case may be to be demolished after giving the owner of such building an opportunity of being heard and of adducing evidence, if he is satisfied that the building or the portion thereof is affecting or is likely to affect the health or comfort of the owner or occupier of any other building or the sanitation of the safety of any other building, or the site or has encroached upon any public street,

(1) In any case in which the erection of a new building or any other work referred to in section 49, has been commenced, or is being carried on unlawfully as mentioned in that section, the Corporation may, by written notice, require the person carrying on such erection or other unlawful work to stop the same forthwith.

(2) If any notice issued under-sub-section (1) is not duly complied with, the Corporation may, with the assistance of the police, if necessary, take such steps as it may deem necessary in order to stop the continuance of such unlawful work.

(3) The Corporation, if it considers necessary, may depute any municipal officer to watch the premises in order to prevent the continuance of the unlawful work.

(4) Where any person after receipt of the notice under sub-section (1), fails to comply with the said notice and carries on any work relating to the erection of a new building or any other work, the Corporation may demolish or remove such unlawful work and recover the expenses of such demolition or removal from the owner in accordance with the provisions of section 49K.

(1) The State Government shall constitute a Tribunal to be called the Gangtok Municipal Corporation Tribunal for the purpose of hearing appeals against the orders made or the notices or requisitions issued by the Corporation under this Act or any rule or bye-law made thereunder.

(2) The Tribunal shall consist of -

(a) the District Judge;

(b) an officer not below the rank of a Joint Secretary to the State Government who has been a member of Judicial Service of any State for a period of not less than seven years;

(c) an officer who is or has been a member of the Sikkim Judicial Service.

(3) The District Judge shall be the President of the Tribunal and during his absence on leave or otherwise, the officer at clause (b) of sub-section (2) shall be the President of the Tribunal.

(4) The Tribunal shall have the power to regulate its own procedure.

(5) The quorum of the Tribunal shall be two members.

(6) The State Government may, on a request made by the President of the Tribunal, nominate not more than two other persons to be members of the Tribunal for specific purposes.

(7) Each member of the Tribunal shall be entitled to receive such remuneration, either by way of monthly salary or by way of honorarium or fees as the State Government may determine.

(8) The Tribunal shall, for the purposes of this Act, have the same powers as are vested in a court under the Code of Civil Procedure, 1908, when trying a suit, in respect of the following matters, namely:-

(a) enforcing the attendance of any person and examining him on oath or affirmation;

(b) compelling the production of accounts and documents;

(c) issuing commissions for the examination of witnesses,

and every proceeding under this Act before the Tribunal shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 and for the purposes of section 196 of the Indian Penal Code.

(9) The Tribunal may in disposing of an appeal, exercise the same powers, as the Corporation.

The Tribunal may call for and examine the record of any proceeding in which an appeal lies to it for the purpose of satisfying itself as to the legality or propriety of any order passed and if in any case it shall appear to the Tribunal that any such order should be modified, annulled or reversed, the Tribunal may pass such order thereon as it may deem fit.

(1) The Tribunal may either on its own motion or on the application of any party interested, review its own order in any case, and pass in reference thereto such order as it thinks just :

Provided that no application made by the party interested shall be entertained unless the Tribunal is satisfied that there has been discovery of new and important matter of evidence, which after the exercise of due diligence was not within the knowledge of the applicant or could not be produced by him at the time when the Tribunal made its order or that there has been some mistake or error on the face of the record:

Provided further that no such order shall be varied or revised unless notice has been given to the parties interested to appear and be heard.

(2) An application for review under sub-section (1) by any party shall be made within ninety days from the date of communication of the order of the Tribunal.

An order passed in appeal or in revision or in review by the Tribunal under this Act shall be final and conclusive and shall not be called in question in any civil or revenue court.

(1) Any person aggrieved by an order made or notice issued by the Corporation under this Act or any rule or bye-law made thereunder, may, within thirty days from the date on which such order is communicated to him, prefer an appeal to the Tribunal :

Provided that the said Tribunal may entertain the appeal after the expiry of the said period of thirty days if it is satisfied that the appellant was prevented by a sufficient cause from filing the appeal in time.

(2) The appeal referred to in sub-section (1) shall be in the form of a memorandum giving the grounds of appeal and shall be accompanied by a copy of the order appealed against and a fee of three hundred rupees :

Provided that when an appeal is preferred against any notice issued by the Corporation under this Chapter, the fees payable under this sub-section shall be fifty rupees.

(1) If any person, after receipt of a notice of demand fails to pay, within thirty days, the expenses incurred by the Corporation under sections 49, 49A, 49B, 49C, 49D and 49E for demolition or removal of any structure or any other work, the Corporation may issue distress directing that the expenses incurred by it may be realised by the sale of movable property belonging to the defaulter except ploughs, plough cattle, tools or implements of agriculture, trade or profession.

(2) In the event of failure to recover the whole or any part of the sum due by distress and sale under sub-section (1), the Corporation may sue the defaulter in any court of competent jurisdiction for the recovery of such dues.

(1) Notwithstanding anything contained in this Chapter, if the Corporation, after considering all the facts and circumstances of the case and after making such inquiry as it may deem fit, is of the opinion that the party concerned has not complied with the notice, if any, issued under sub-section (1) of section 49 or sub-section (1) of section 49A or in other cases of contravention of the provisions of this Act or any rule or bye-law made thereunder, the Corporation, instead of making an order for —

(a) demolition of any building, verandah, platform or other structure; or

(b) making any alteration of any building or other work; or

(c) removal of any verandah, platform or other fixture attached to a building so as to form a part of such building or which causes a projection, encroachment or obstruction over any public street;

may, if satisfied that such demolition, alteration or removal of the works of the party concerned referred to in clauses (a), (b) and (c) —

(i) would result in undue hardship to the party concerned; or

(ii) would not cause unreasonable inconvenience to the public,

order regularisation of such works if the party concerned pays to it such fee not exceeding rupees one hundred per square foot of the constructed area or the area covered by any alteration, verandah, other structure, projection or encroachment as may be specified by the State Government by a notification having regard to the nature and type of the construction :

Provided that where the works referred to in clauses (a), (b) and (c) are situate over the land belonging to the Corporation or the State Government or any other authority owned and controlled by the State Government, the Corporation shall not order regularisation of such works except after ascertaining from the State Government the cost of such land and upon payment by the party concerned of such cost in addition to the regularisation fee.

(2) If the party concerned fails to pay the fee referred to in sub-section (1) or the cost of the land within such time (not being less than one month from the date of making an order) as may be specified by the Corporation in this order, it may pass such order as to demolition of building, alteration or other works as it may deem fit.

The Corporation may make rules relating to submission and disposal of applications for and plans specifications and other matter in respect of building and any other matter which it may deem necessary for carrying out the provisions of this Chapter.

(1) Within such limits as the Corporation at a meeting may direct, no person shall keep pigs or in any place more than twenty sheep or twenty goats without a licence from the Corporation which shall be renewable annually. (2) The Corporation, at a meeting, may charge an annual fee not exceeding two rupee for such licence and in respect of such licence may impose such conditions a to fencing, rainage, paving, cleansing and other matters for the regulation of such places as the Corporation may deem fit.

The Corporation may make bye-laws regulating places used for offensive or dangerous trades.

The Corporation at a meeting may require the owner or lessee of a fair or mela or an owner or a lessee of land intending to hold a fair or mela thereon, to obtain a licence in this behalf from the Corporation on such terms and conditions and on payment of such fee as may be prescribed.

The State Government may make rules regulating the granting of licences for holding fairs and melas and fixing the fees in respect thereof.

The Corporation at a meeting may— (a) construct, purchase, or take on lease or otherwise acquire any land or building for the purpose of establishing a municipal market or municipal slaughter-house or municipal stock-yards or of extending or improving any existing municipal market, municipal slaughter-house or municipal stock-yard, and (b) from time to time build and maintain such municipal markets, municipal slaughter-house and municipal stock-yards or such stalls, shops, sheds, pens and other buildings or conveniences for the use of persons carrying on trade or business in or frequenting such markets, slaughter-house or stock-yards and charge rents, tolls and fees for the right to expose goods for sale in such market and for the use of shops, stalls, slaughter-houses, stock-yards and standings therein.

The Corporation at a meeting may, at any time, in the interest of public, temporarily or permanently, close any municipal market, municipal slaughter-house or municipal stock-yard or any portion thereof.

62. No person shall, without the permission of the Corporation, sell or expose for sale any living thing or any article within a municipal market.

63. If the Corporation publishes an order in this behalf, no person shall establish a new private market or continue to run any existing private market, for the purpose of sale or exposing for sale any article of human food except with the sanction of the Corporation and in conformity with the terms of a licence granted by the Corporation.

64.(1) The Corporation may, subject to such terms and conditions as may be prescribed, grant and withdraw licences for the use of any premises for the salughter of animals for the sale of their flesh for human consumption. (2) No person shall slaughter any animal for the sale of its flesh for human consumption within the Corporation at any place other than a municipal slaughter-house or a slaughter-house licenced under sub-section (1).

65. Every licence granted under this Chapter shall be in force until the end of the year during which it is granted.

66. The Corporation may make by-laws for the effective control, restraint and prevention of any dangerous disease and in particular and without prejudice to the generality of the foregiong power, the Corporation may, and when required by the State Government, shall make by-laws regulating the following matters: (a) the restraint, segregation and isolation of persons suffering from any dangerous or likely to suffer from any dangerouse disease owing to exposure to infection or contagion; (b) the removal, disinfection and destruction of personal effects, goods and other property and disinfection of houses exposed to infection or contagion; (c) the removal to hospital and the treatment of persons suffering from any dangerous disease or likely to suffer from any such disease, owing to exposure to infection or contagion; (d) the speedy burial or cremation of the bodies of persons who have died from any dangerous disease; (e) house to house visiting and inspection; (f) the promotion of cleanliness, ventilation and disinfection; (g) the duties and responsibilities in respect of the prevention and notification of any dangerous disease; (h) the duties and responsibilities of parents or guardians in respect to their school going children who are suffering or have recently suffered from any dangerous disease or have been exposed to infection or contagion and the duties and responsibilities of persons in charge of schools in respect of such children; (i) the prevention of the spread from any animal, or the carcasses or product of any animal, to man, of rabies, glanders, anthrax, plague, tuberculocis, trichinosis, or any other disease communicable to man by any animal or the carcass or product of any animal; (j) the prevention of the spread and the eradication of malaria, the destruction of mosquitoes and the removal or abatement of condition permitting or favouring the multiplication or prevalence of mosquitoes; (k) the prevention of the spread of diseases by flies or other insects and the destruction of such insects, and the removal or abatement of conditions permitting or favouring the prevalence or multiplication of such insects; (l) the destruction of rodents and other vermins and the removal or abatement of conditions permitting or favouring the harbourage or multiplication thereof; (m) the prevention of the spread of any dangerous disease by the carrying on of any business, trade or occupation; (n) the regulation of rag-flock manufacture and the trade in rags in bones and in second-hand clothing, beddings or any similar article and the requiring of any such article to be disinfected before its importation, removal, sale or exposure for sale, or use in any manufacturing process; (o) the disposal of any refuse, waste matter or other matter or thing, which has been contaminated with or exposed to infection or contagion; and (p) compulsory vaccination, inoculation or their measures in respect of persons residing within the Corporation and such other preventive measures.

67.(1) The powers conferred by the Chapter shall be in addition and not in derogation of any powers conferred by the other prosions of this Act. (2)(a) the condition of— (i) any premises or part thereof of such a construction or in such a state or so situated or so dirty as to be a cause of annoyance to the inmates thereof, the neighbours or the public or injurious or dangerous to health or unsafe, including places infected by, or providing haunts for mosquitoes or mosquito-larvae, flies or fly maggots, hookworm larvae or ova, or rats or other noxious animals or insects and thereby liable to favour the spread of infectious disease; (ii) any street, tank, pool, ditch, gutter, water course, sink, cistern, water-closet, earth-closet, privy, urinal, cess-pool, drain, dung pit or ash-pit so foul or in such a state or so situated as to be a cause of annoyance to the inmates of the premises, the neighbours or the public, or injurious or dangerous to health; (iii) any premises by reason of abandonment of disputed ownership or for any other reason unoccupied and thereby become a resort of idle and disorderly person; (iv) any school, factory, workshop or other trade premises so unclean as to be a cause of annoyance to the inmates, the neighbours or the public, or injurious to health, or not so ventilated as to render harmless, as far as practicable, all gases, vapours, dust or other impurities, generated in the course of the work carried on therein, that are a cause of annoyance to the inmates, the neighbours or the public or injurious to health, or so overcrowded as to be injurious to the health of the persons therein engaged or employed, or not provided with sufficient and suitable privy or urinal accomodation; (v) any offensive trade or business so carried on as to be injurious to health or offensive to the public; (vi) any well, tank or other water-supply injurious or dangerous to health; (vii) any stable, cowshed or other building or enclosure in which any animal or animals are kept in such a manner or in such numbers as to be a cause of annoyance to the inmates of the premises, the neighbours or the public or injurious or dangerous to health; (viii) any burial or burning-ground which in the opinion of the Corporation is injurious or dangerous of likely to be injurious or dangerous to health of persons living in the neighbourhood or to the public or offensive to such persons; (ix) any accuaulation or deposit, including any deposit of animal or vegetables or animal refuse, which tis offensive to the neighbours or to the public or injurious or dangerous to health or any deposit of offensive matter, refuse or offal or manure within fifty yards of any public street, whereever situated; and (b) any act, omission, condition or thing which the State Government by shall declare to be a nuisance, or which after due inquiry by the Corporation on the complaint of two or more persons residing in the neighbourhood is found by the Corporation to be a cause of annoyance to the neighbours or to the inmates of the premises affected or to the public or to be dangerous or injurious to health; shall be deemed to be a nuisance liable to be dealt with under the provisions of this Chapter: Provided that no nuisance shall be deemed to have been committed in respect of any accumulation or deposit necessary for the effectual carrying on of any business, trade or manufacture, if it be proved to the satisfaction of the Court that the accumulation or deposit has not been kept longer than is necessary for the purpose of the business, trade or manufacture and that the best available means have been taken for preventing injury or danger thereby to the public health.—

68.(1) The Corporation shall cause to be made from time to time inspection with a view to ascertain what nuisance exist calling for removal under the powers of this Act, and shall enforce so far as possible the provisions of this Act in order to remove the same, and otherwise put in force the powers vested in the Corporation relating to public health, so as to secure the proper sanitary condition of all premises within the Corporation. (2) If the Corporation or a Health Officer or a Sanitary Inspector has reasonable grounds for believing that a nuisance exists in any premises, the Corporation may order of such officer may make an infection of such premises at any hour, when the operations suspected to cause nuisance are believed to be in progress or are usually carried on or when the special conditions suspected to cause the nuisance are believed to exist, and may cause such work to be done as may be necessary for an effectual examination of the said premises, including the opening of the ground or surface, where necessary, and the testing of the drains. (3) Where the ground or surface has been opened and no nuisance is found to exist, the Corporation shall restore the premises at their own cost.

69. Information of any nuisance under this Chapter may be given to the Corporation by any person and every officer of the Corporation shall bring the existence of any nuisance to the notice of the Corporation or cause it to be brought to the notice of the Corporation.

70. The Corporation, if satisfied of the existence of a nuisance, shall serve a notice on the author of the nuisance or if he cannot be found, then on the owner occupier of the building or premises on which the nuisance arises or continues, requiring him to remove it within the time specified in the notice and to execute such works and do such things as may be necessary for that purpose and if the Corporation thinks it desirable (but not otherwise) specifying any works to be executed to prevent a reccurence of the said nuisance; Provided that— (a) Where the nuisance arises from any want or defect of a structural character, or where the building or premises are unoccupied, the notice shall be served on the owner; (b) Where the author of the nuisance cannot be found and it is clear that the nuisance does not arise or continue by the act or default or sufferance of the owner or occupier of the building or premises, the Corporation may remove the same and may do what is necessary to prevent the recurrence thereof.

71(1) If the person on whom a notice to remove a nuisance has been served under section 70 fails to comply with any of the requirements thereof within the time specified, or if the nuisance, although removed since the service of the notice, is in the opinion of the Corporation likely to recur on the same premises shall cause a complaint relating to such nuisance to be made before a Magistrate., and such Magistrate shall thereupon issue a summons requiring the person on whom the notice was served to appear before him. (2) If the Magistrate is satisfied that the alleged nuisance exists, or that, although removed, it is likely to recur on the same premises, he shall make — (a) on the author thereof, or the owner or occupier of the premises, as the case may be, an order requiring him to comply with all or any of the requirements of the notice or otherwise to remove the nuisance within a time specified in the order and to do any works necessary for that purpose, or an order prohibiting the recurrence of the nuisance and directing the execution of any works necessary to prevent the recurrence or an order both requiring the removal and prohibiting the recurrence of the nuisance, or (b) an order on the Corporation directing them to remove or prevent the recurrence of the nuisance or both, at the expense of the author thereof or the owner or occupier of the premises, as the case may be. (3) Before making any order the Magistrate may, if he thinks fit, adjourn the hearing or further hearing of the case until an inspection, investigation or analysis in respect of the nuisance alleged has been made by some competent person. (4) Any costs incurred by the Corporation in executing an order of the magistrate under clause (b) of sub-section (2) shall be payable on demand, and if not paid on demand, may be recovered by distress and sale of the moveable property of the defaulter.

73. The Corporation at a meeting may from time to time cut of the Municipal Fund with the sanction of the State Government provides fitting places either within or without the limits of Corporation to be used as burial grounds or burning grounds and may impose such fee as may be fixed dy the Corporation at a meeting with the approval of the State Government in respect of every corpse burried or burnt within such burial or burning grounds.

74. The Corporation, if required by the State Government to do so, shall at a meeting provide for the registration of births and deaths within the limit of the Corporation and for the issue of certificates of birth and deaths.

75. Whosoever commits any offence by contravening or failing to comply with any provision of this Act or rules or by-laws made thereunder or any direction lawfully given to him or any requisition lawfully made upon him under any provision of this Act or rules or by-laws made thereunder, shall be punished with fine which may extend to five hundred rupees: and if such offence continues in its nature, to further fine which may extend to fifty rupees for each day during which the offence is continued after the first day.

76. No prosecution for an offence under this Act or any rules or by-laws made in pursuace thereof shall be instituted without the order or consent of the Corporation and no such prosecution shall be instituted except within six months next after the commission of the offence, unless the offence is of continuous in its nature, in which case of prosecution may be instituted within six months of the date on which the commission or existence of the offence was first brought to the notice of the Chairman.

77.(1) No Suit or other legal proceedings shall be brought against the Corporation or the Councillors or any of the agents, officers or servants of the Corporation, or any person acting under it sor their direction, for any act purporting to be done under this Act or any rules or by-laws made thereunder, until the expiration of one month next after notice in writing is served on the Corporation or the Councillor or such agent, officer or servant or person acting under its or their direction, as ...the scase may be, stating the cause of action and the name and place abode of the person who intend to bring the suit or proceeding and the relief claimed. (2) Every such suit or proceeding shall be commenced within six months next after the accrual of cause of action and not afterwards.

The Corporation shall, as soon as possible, take steps for the construction of public urinals and latrines at such places as the Corporation will deem fit and shall make necessary arrangements for their proper clean sing and disinfection.

The Corporation may with the previous sanction of the State Government direct that— (a) No person shall without or otherwise in conformity with the terms of licence granted by the Corporation in this behalf, carry on within the limits of the Corporation the trade or business of a dairy men or milk men or of a baker, confectioner, ice or aeratedwater manufacturer or sweet-meat maker or of a keeper of a tea Shop, hotel or eating house; (b) such person as mentioned in such section (1) shall observe such terms and conditions as to cleanliness, hyeginic and sanitary conditions as may be described by the Corporation by rules.

(1) The Chairman shall for the transaction of business of the Corporation connectied with this Act or any other law or for the purpose of making any order authorised thereby, exercise all the powers vested by this Act in the Corporation; Provided the Chairman shall not act in opposition to, or in contravention of any order or action of the Corporation at a meeting or exercise any power which is vested in or directed to be exercised by the Corporation at a meeting. (2). The Chairman may in accordance with the decision of the Corporation at a meeting, delegate all or any of his powers to the Vice-Chairman.

Every Councillor, every officer and servant of the Corporation and every person authorised by the Corporation to do any act under this Act or any rule or by-law made thereunder shall be deemed to be a public servant within the meaning of section (21) of the Indian Penal Code.

The Chairman, Vice-Chairman, Executive Officer or any other person authorised by the Corporation in this behalf, may enter into any building or land, with or without the assistance of workmen, in order to make any inquiry, inspection, test, examination, survey, measurement or valuation or for the purpose of lawfully placing or removing pipes, meters or other things or to execute any other work which is authorised by the provision of this Act or of any rule, by-law or order made thereunder or which it is necessary for any of the purpose of this Act or in pursuance of the said provision or any resolution passed by the Corporation: Provided that (a) except when it is in this Act or in any rule or by-law made thereunder otherwise expressly provided, no such entry shall be made between sunset and sunrise (b) except when it is otherwise expressly provided as aforesaid, 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 twelve hours previous notice of the intention to make such entry (c) reasonable 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 part of the premises where their privacy may be preserved (d) due regard shall be paid, so far as may be compatible with the exigencies of the purpose of the entry to the social and religious usages of the occupants of the premises.

When any notice, bill, summons or other document is required by this Act or by any rule or by-law made thereunder to be served upon or issued to any person, such service or issue shall be effected— (a) by giving or tendering such document to such persons; or (b) if such person is not found, by leaving such document at his last known place of abode or business within the Corporation or by giving or tendering the same or by sending it by post to any adult male member of his family or adult male servant in his employment; or (c) if such person does not reside within the Corporation and his address elsewhere is known to the Corporation, by forwarding such document to him by post in a cover bearing the said address; or (d) if none of the means referred to in clause (a), (b) or (c) be available, by affixing such notice, bill, summons or other document on some conspicuous part of the land or building (if any) or other thing to which the document relates.

1. (1) Without prejudice to any of the provisions hereinbefore contained, the State Government may make rules for carrying out the purposes and objects of this Act. (2) Without prejudice to any of the provisions hereinbefore contained, the Corporation may make by-laws for any of the purpose connected with this Act.

No suit or legal proceedings shall lie against the Councillors, or any officer or servant of the Corporation or any other person for anything in good faith done or intended to be done under the provision of this Act, or, rules or by-laws made under this Act.

Any law in force immediately before the commencement of this Act, with respect to any matter, for which provision is made in this Act or which is inconsistent with the provisions of this Act shall cease to have effect in the areas within the jurisdiction of the Corporation constituted under this Act.

The Corporation or any person authorised by it may direct: (a) No person shall without or otherwise than in conformity with the terms of a licence granted by the Corporation shall carry on within the limits of the Corporation the trade or business of a dairyman or milk men or of a baker, confectioner or aerated water manufacturer or sweet-meat maker or of a keeper of a tea shop, hotel or eating house. (b) such person as mentioned in sub-section shall observe such terms and conditions as to cleanliness, hygienic and sanitary conditions as may be described by the Corporation by rules.

In any of the following cases, namely - (a) if , within the period prescribed in any notice issued under this Act, requi;'ing the removal or alteration of a verandah, platform or other similar structure or a flXi.ure, the same is not duly removed or altered; or (b) if the owner of any building which is erected or added to a street alignment and the buil- ding -Iine, fails to remove such building 01" addition when called upon by the Corpora- tion to do so under this Act; or (c) if the owner of any building, which is unfit for human inhabitation, fails to demolish such building when required to do so under this Act; or (d) if any privy or urinal be placed in contravention of the bye-laws made under this Act; or (e) if within the period prescribed in any notice issued under this Act or any r.ile or bye-law made thereunder, requiring the owner or occupier of a building to comply with any condition on which the erection of any verandah or other projection was permitted, such condition is not complied with; or (f) if within the period prescribed in any notice issued under this Act or any rule or bye-law marle thereunder requiring the owner or occupier of a building to rernovc a verandah or other projection, the same is not duly removed; or (g) if within the period prescribed in any notice issued under this Act or any rule or bye-law made thereunder, requiring the owner of " bllilcling to remove or alter an external roof or wall made of inflammable material, the same is not duly removed or altered ; or (h) if any owner or occupier neglects to execute any work or to take any measure required by any notice issued under this Act or any rule or bye-law made thereunder, the Corporation may make an order directing that the projection, building, block of builcli:,gs, verandah, platform, fixture, additions, roof, wall, as the 'case may be, shall be demolished by the owner or occupier thereof who may be the person responsible or a.ltered by such person to the satis; raction of the Corporation within the time specified in the order. if the person responsible [ails- (a) to demolish such erection, alteration, addition or other work, or to make the alteration; or