The Greater Hyderabad Municipal Corporation Act, 1955
Chapter XVI RULES & BYE-LAWS.
Chapter XVI RULES & BYE-LAWS.
585. Power to make rules
- (1) The Government may, by notification in the *Telangana Gazette, make rules for carrying out all or any of the purposes of this Act.
- (2) In making any such rule, the Government may direct that a breach thereof shall be punishable with a fine which may extend to rupees five hundred and if the breach is a continuing one a further fine which may extend to rupees twenty for every day after the first day during which the breach has been made.
- (3) Every rule made under this Act shall immediately after it is made, be laid before each House of the State Legislature if it is in session and if it is not in session in the session immediately following, for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiration of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or in the annulment of the rule, the rule shall, from the date on which the modification or annulment is notified in the *Telangana Gazette, have effect only in such modified form or shall stand annulled, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
Chapter XVI RULES & BYE-LAWS.
586. Bye-laws for what purposes to be made
The Corporation may from time to time make bye-laws not inconsistent with this Act with respect to the following:-
- (1) any matter relating to the proceedings of the Corporation, a committee or a sub-committee, the holding and regulation of meetings, the conduct of debate, the inspection of minute-books and the supply of copies of minutes to councillors or other persons on payment of fees or otherwise;
- (2) regulating in any particular not specifically provided for in this Act the construction, maintenance, protecting flushing, cleansing and control of drains, ventilation shafts or pipes, [XXX], water-closets, privies, latrines, urinals, washing places, drainage works of every description, whether belonging to or vesting in the Corporation or other persons, [XXX], private streets and public streets;
- (3) regulating all matters and things connected with the supply and use of water;
- (4) furnishing information and documents to be in connection with the layout of lands for building and private streets;
- (5) earmarking, regulating, supervision and use of parking places, public landing places, halting places for all vehicles of any description including motor vehicles, public and private cart stands and the levy of fees for the use of such of them as belong to the corporation;
- (6) specifying the forms of notice under sections 428 and 433 the information, documents and plans to be furnished therewith in respect of different classes of structures or works, the manner in which and the persons by whom notices shall be signed and the manner in which plans, descriptions, structural drawing or structural calculations shall be drawn, prepared and signed;
- (7) regulating the manner in which, the supervision under which, the agency through which and the conditions and restrictions under which the work of erecting or re-erecting buildings of particular classes and any work such as is described in section 433 shall be carried out;
- (8) the structure of walls, foundations, roofs and chimneys, the number, width and position of staircases, the width of corridors and passages, the material dimensions and strength of floors and staircases and of all scantlings, girders, posts and columns of buildings, for securing stability and the prevention of fires and the safety of the inmates in the event of fire and for purposes of health either generally or with reference to the type of the structure and the use to which it is intended to be put;
- (9) the construction of scaffolding for building operations to secure the safety of the operatives and of the general public;
- (10) the provision and maintenance of sufficient open space, either external or internal, about buildings to secure a free circulation of air, and of other means for the adequate ventilation of buildings;
- (11) the provision and maintenance of suitable means of access to buildings and preventing encroachment thereon;
- (12) the provision and maintenance of house-gullies and service passages;
- (13) regulating the conditions on which frame buildings may be constructed;
- (14) regulating the use of land as building sites and prescribing the minimum size of such sites either generally or for specified areas and prescribed set-backs from the street margin for all or particular classes of buildings on specified streets or classes or streets or in specified localities;
- (15) regulating the height of structures generally or with reference to the materials of which they are constructed or the width of the streets on which they front or the areas in which they are situated or the purposes for which they are intended to be used;
- (16) regulating the number and height above the ground or above the next lower storey of the storeys of which a building may consist;
- (17) specifying the form of the completion certificate required under section 455 and the manner in which and the person by whom it shall be signed and subscribed;
- (18) regulating the intervals at which, the manner in which and the persons by whom buildings shall be periodically inspected under section 460;
- (19) regulating the management, maintenance, control and use of dwellings intended for the poorer sections of the community vesting in the Corporation;
- (20) specifying the qualifications and experience of licensed surveyors, architects, engineers, structural designers and plumbers;
- (21) regulating in any particular not specifically provided for in this Act conservancy and sanitation, the destruction of rodents and other vermin, preventive and remedial measures against mosquitoes, flies and other insect and pests;
- (22) the control and supervision of all premises used for any of the purposes mentioned in section 521 and of all trades and manufactures carried on therein and the regulating of the construction, dimensions, ventilation, lighting, cleansing, drainage and water supply of any such premises;
- (23) the inspection of milch-cattle, and regulating the construction, dimensions, ventilation, lighting, cleansing, drainage and water supply of cattle sheds and dairies;
- (24) securing the cleanliness of milk-stores, milk-shops and milk-vessels used by dairymen or milk sellers for containing milk;
- (25) regulating the sale of milk in the City; the protection of milk against contamination and the prevention of the sale of contaminated milk;
- (26) requiring notice to be given whenever any milch animal is affected with any contagious disease and determining the precautionary measure to be taken for protecting milch-cattle and milk against infection or contamination;
- (27) regulating the measures to be taken in the event of the outbreak of any disease among animals which is communicable to man and the supply of information to facilitate the taking of such measures;
- (28) securing the efficient inspection of markets and slaughter-houses and of shops in which articles intended for human food are kept or sold;
- (29) the control and supervision of butchers carrying on business within the city or at a municipal slaughter-house without the city;
- (30) regulating the use of any municipal market building, market place or slaughter-house or any part thereof;
- (31) controlling and regulating the sanitary condition of markets and slaughter-houses and preventing the commission of cruelty to animals therein;
- (32) the licensing of hand-carts, other than those exempted from taxation under section 240 and the seizure and detention of any such hand-carts that have not been duly licensed;
- (33) requiring notice to be given of the occurrence of cases of any infectious, epidemic or endemic disease, not being a dangerous disease, and determining the precautionary measures to be taken by persons suffering from or exposed to infection from, any such disease;
- (34) regulating the disposal of the dead and the maintenance of all places for the disposal of the dead in good order and in a safe sanitary condition, due regard being had to the religious usages of the several classes of the community;
- (35) regulating the use of any place for the skinning and cutting up of the carcasses of animals;
- (36) facilitating and securing complete and accurate registration of births and deaths;
- (37) securing the protection of public parks, gardens, public parking places and open spaces vested in or under the control of the Corporation from injury or misuse, regulating their management and the manner in which they may be used by the public and providing for the proper behaviour of persons in them;
- (38) regulating the use of barbed wire or other material for the fencing of land or premises abutting on any street, pathway or place which the public are entitled to use or frequent;
- (39) regulating trade in rags, bones, or secondhand clothing, bedding or other similar articles, including measures for disinfecting on import or before removal, sale or exposure for sale or use in any manufacturing process of any such article;
- (40) regulating the holding of fairs and industrial exhibitions in the city;
- (41) regulating and prohibiting the stocking of in-flammable materials and the lighting of fires in any specified portion of the City;
- (42) regulating the charges for services rendered by any municipal authority;
- (43) regulating admission to, and use by members of the public of municipal hospitals, dispensaries, infirmaries, homes and similar institutions and the levy of fees therein;
- (44) the protection of the property of the Corporation;
- (45) regulating the inspection by members of the public of municipal records and the fees to be charged before such inspection is allowed;
- (46) regulating the grant of certified copies or extracts from municipal records, and the fees chargeable for such copies or extracts;
- (47) regulating the appointment by owners of buildings or lands in the City who are not resident therein, of agents residing in, or near the City to act for such owners for all or any of the purposes of this Act or the rules, or bye-laws made thereunder, and
- (48) carrying out generally the provisions and intentions of this Act.
Chapter XVI RULES & BYE-LAWS.
587. Commissioner to lay draft bye-laws before the Corporation for its consideration
It shall be the duty of the Commissioner either suo motu or at the instance of the Standing Committee from time to time to lay before the Corporation for its consideration a draft of any bye-law which he shall think necessary or desirable to be made for the furtherance of any purpose of this Act.
Chapter XVI RULES & BYE-LAWS.
588. Hearing by Corporation of objections to proposed bye-laws
- (1) No bye-law shall be finally approved by the Corporation, unless notice of the intention of the Corporation to take the same into their consideration has been given by advertisement in the *Telangana Gazette and in the local newspapers six weeks at least before the day of the meeting at which the Corporation finally consider such bye-law.
- (2) The Corporation shall, before approving any bye-law, receive and consider any objection or suggestion which may be made in writing by any person with respect thereto before the day of the said meeting; and any person desiring to object to a bye-law, on giving written notice to the Commissioner, not less than ten days before the day of the said meeting, of the nature of his said objection may, by himself or his counsel, attorney or agent, be heard by the Corporation thereon at the said meeting.
Chapter XVI RULES & BYE-LAWS.
589. Bye-law to be confirmed by Government
No bye-law made under section 586 shall have the force of law unless and until sanctioned by the Government and published in the *Telangana Gazette.
Chapter XVI RULES & BYE-LAWS.
590. Printed copies of bye-laws to be kept on sale
- (1) The Commissioner shall cause all bye-laws from time to time in force to be printed, and shall cause printed copies thereof to be delivered to any person requiring the same, on payment of a fee fixed with the approval of the Standing Committee.
- (2) Notice of the fact of copies of the bye-laws being obtainable at the said price, and of the place where and the person from whom the same are obtainable, shall be given by the Commissioner from time to time by advertisement in the local newspapers.
- (3) Boards, with the bye-laws printed thereon or with printed copies of the bye-laws affixed thereto, shall be hung or affixed in some conspicuous part of every municipal office and in such places of public resort, markets, slaughter-houses and other works or places affected thereby, as the Commissioner thinks fit, and the said boards shall from time to time be renewed by the Commissioner.
Chapter XVI RULES & BYE-LAWS.
591. Boards for exhibiting bye-laws to be open to inspection and not to be injured
- (1) No municipal officer or servant shall at any reasonable time prevent the inspection of any board provided by the Commissioner, under the last preceding section by any person desiring to inspect the same.
- (2) No person shall, without lawful authority, destroy, pull down, injure or deface any such board.
Chapter XVI RULES & BYE-LAWS.
592. Government may modify or repeal bye-laws
- (1) If it shall at any time appear to the Government that any bye-law should be modified or repealed either wholly or in part, it shall cause reasons for such opinion to be communicated to the Corporation and specify a reasonable period within which the Corporation may make any representation with regard thereto which it shall think fit.
- (2) After receipt and consideration of any such representation or, if in the meantime no such representation is received, after the expiry of the specified period, the Government may at any time by notification in the *Telangana Gazette, modify or repeal such bye-law either wholly or in part.
- (3) The modification or repeal of a bye-law under sub-section (2) shall take effect from such date as the Government shall in the said notification direct or, if no such date is specified, from the date of the publication of the said notification in the *Telangana Gazette, except as to anything done or suffered or omitted to be done before such date.
- (4) The said notification shall also be published in the local newspapers.
Chapter XVI RULES & BYE-LAWS.
593. Making of standing orders by Commissioner
- (1) The Commissioner may make standing orders consistent with the provisions of this Act and the rules and bye-laws made thereunder in respect of the following matters namely – (A)
- (a) fixing nakas for the collection of octroi 340[XXX];
- (b) regulating the mode and manner in which octroi 340[XXX] shall be collected;
- (c) determining how octroi shall be calculated when no reliable evidence is available of the value of the goods imported;
- (d) regulating the stamping, sealing or otherwise marking of imported goods;
- (e) specifying the manner in which refunds of octroi shall be claimed or made and the conditions under which agents shall be recognised for obtaining refunds of octroi;
- (f) determining the supervision under which, the routes by which and the time within which goods intended for immediate exportation shall be conveyed out of the City and the fees payable by persons so conveying the goods;
- (g) any other matter relating to the collection of octroi which is not provided for in this Act;
- (B) determining the manner in which sales of movable property attached for the non-payment of municipal dues shall be held; (C)
- (a) preventing nuisance or obstruction in any market building, market place, slaughter-house or stockyard or in the approaches thereto;
- (b) fixing the days and the hours on and during which any market, slaughter-house or stock-yard may be held or kept open for use and prohibiting the owner of any private market from keeping it closed without lawful excuse on such days or during such hours;
- (c) prohibiting every vendor in a market from closing his shop, stall or standing to the public without lawful excuse or from withholding from sale any articles in which he normally deals;
- (d) keeping every market-building, market place, slaughter-house or stock-yard in a cleanly and proper state, and removing filth and refuse therefrom;
- (e) requiring that any market-building, market-place, slaughter-house or stock-yard be properly ventilated and be provided with a sufficient supply of water;
- (f) requiring that in market-buildings and market-places passages be provided between the stalls of sufficient width for the convenient use of the public;
- (g) the marking or branding for purposes of identification of animals rejected for slaughter as discarded or unwholesome;
- (h) regulating the method of slaughter at slaughter-houses;
- (i) requiring the allotment in markets of separate areas for different classes of articles;
- (j) generally regulating the orderly management and control of markets, slaughter-houses and stockyards.
- (2) No order made by the Commissioner under clause (A) of sub-section (1) shall be valid unless it is approved by the Corporation and confirmed by the Government, and no order made by the Commissioner under clause (B) or paragraph (e) of clause (C) of sub-section (1) shall be valid unless approved by the Corporation.
Chapter XVI RULES & BYE-LAWS.
594. Posting of standing orders and table of stallage rents, etc
A printed copy of the standing orders shall be affixed in a conspicuous place in the Chief Municipal Office and a printed copy of the table of stallages, rents and fees, if any, in force in any market, slaughter-house or stock-yard under sections 534 and 535 shall be affixed in some conspicuous spot in the market-building, market place, slaughter-house or stock-yard.
Chapter XVI RULES & BYE-LAWS.
595. Penalty for breach of bye-laws, or standing orders
In making bye-laws or standing orders, the Corporation, or the Commissioner as the case may be, may provide that for any breach thereof the offender shall on conviction-
- (a) be punished with fine which may extend to rupees one hundred, and in the case of a continuing breach with fine which may extend to rupees ten for every day during which the breach continues, after conviction for the first breach;
- (b) be punished with fine which may extend to rupees ten for every day during which the breach continues, after receipt of written notice from the Commissioner or any municipal officer duly authorised in that behalf to discontinue the breach;
- (c) in addition to the imposition of such fine, be required to remedy the mischief so far as lies in his power.
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