Chapter XIX PROCEDURE.

1. (1) Whenever it is provided in this Act that a licence or a written permission may be given for any purpose, such licence or written permission shall specify the period for which and the restrictions and conditions subject to which, the same is granted, and shall be given under the signature of the Commissioner or of a municipal officer empowered under section 119 to grant the same.
2. (2) For every such licence or written permission a fee may be charged at such rate as shall from time to time be fixed by the Commissioner, with the sanction of the Corporation.
3. (3) Subject to the provisions of sub-sections (2) and (3) of section 530, any licence or written permission granted under this Act may at any time be suspended or revoked by the Commissioner, if any of its restrictions or conditions is infringed or evaded by the person to whom the same has been granted or if the said person is convicted of an infringement of any of the provisions of this Act or of any bye-law made hereunder in any matter to which such licence or permission relates. (4)
   • (a) If any premises are used without obtaining a licence for any of the purposes specified in Schedules or having obtained a licence is being used in contravention of the terms of such licence or is continued to be used after licence thereof has been suspended or revoked by the Commissioner, the Commissioner may at any time by written notice require that the same shall be discontinued by the person so using it.
   • (b) If within the period specified in such written notice, the requisitions contained therein are not carried out by the person or owner, as the case may be, any officer authorised by the Commissioner in this behalf may enter the premises and cause the usage as such thereof to be discontinued.
   • (c) No claim shall lie against any person for any damage or inconvenience necessarily caused by the exercise of powers under this section or for the use of any force necessary for the purpose of effecting an entrance under this section.
4. (5) Every person to whom any such licence or written permission has been granted shall at all reasonable times while such written permission or licence remains in force, if so required by the Commissioner produce such licence or written permission.
5. (6) Every application for a licence or permission shall be addressed to the Commissioner.
6. (7) The acceptance by or on behalf of the Commissioner of the fee for a licence or permission shall not by itself entitle the person paying the fee to the licence or permission.

No person shall without, or otherwise than in conformity with the terms of, a licence granted by the Commissioner in this behalf—

1. (a) carry on within the City the business of a dairyman,
2. (b) use any place in the City as a dairy or for the sale of any dairy produce.

Except under and in conformity with the terms and provisions of a licence granted by the Commissioner in this behalf, no person shall use any public place or any public street for the purpose of hawking or exposing for sale, any article whatsoever whether it be for human consumption or not.

Except under and in conformity with the terms and provisions of a licence granted by the Commissioner in this behalf, no person shall, for purposes of gain use any public street for the purpose of using his skill in any handicraft or in rendering service to and for the convenience of the public.

Whenever it is provided by this Act that public notice shall or may be given of anything, such public notice shall be in writing under the signature of the Commissioner or of a municipal officer empowered under section 119 to give the same and shall be given wide publicity in the locality to be affected thereby affixing copies thereof in conspicuous public places within the said locality, or by publishing the same by beat of drum or by advertisement in the local newspapers or by any two or more of these means and by any other means that he shall think fit.

Whenever it is provided by this Act that notice shall be given by advertisement in the local newspapers or that a notification or any information shall be published in the local newspapers such notice, notification or information shall be inserted, if practicable, in at least two newspapers, in such language or languages as the Corporation may from time to time specify in this behalf, published in the City.

Whenever under this Act the doing or the committing to do anything or the validity or anything depends upon the consent, approval, declaration, opinion or satisfaction of the Commissioner or of a Deputy Commissioner or any municipal officer, a written document signed by the Commissioner or by such Deputy Commissioner or municipal officer, purporting to convey or set forth his consent, approval, declaration, opinion or satisfaction shall be sufficient evidence of such consent, approval, declaration, opinion or satisfaction.

Notices, bills, schedules, summonses and other such documents required by this Act or by any regulation or bye-law made under this Act to be served upon or issued, or presented or given to any person, shall be served, issued or presented or given by municipal officers or servants or by other persons authorised by the Commissioner in this behalf.

When any notice, bill, schedule, summons or other such documents is required by this Act, or by any regulation or bye-law made under this Act, to be served upon or issued or presented to any person such service, issue or presentation shall except in the cases otherwise expressly provided for in section 657 be effected —

1. (a) by giving or tendering to such person the said notice, bill, schedule, summons or other documents; or
2. (b) if such person is not found, by leaving the said notice, bill, schedule, summons or other document at his last known place of abode in the city or by giving or tendering the same to some adult male member or servant of his family; or
3. (c) if such person does not reside in the City, and his address elsewhere is known to the Commissioner by forwarding the said notice, bill, schedule, summons or other documents to him by post under cover bearing the said addresses; or
4. (d) if none of the means of aforesaid be available by causing the said notice, bill, schedule, summons or other document to be affixed on some conspicuous part of the building or land, if any, to which the same relates.

When any notice, bill, schedule, summons other such document is required by this Act, or by any regulation or bye-law made under this Act, to be served upon or issued or presented to the owner or occupier of any building or land, it shall not be necessary to name the owner or occupier therein, and the service, issue or presentation thereof shall be effected, not in accordance with the provisions of the last preceding section but as follows, namely:—

1. (a) by giving or tendering the said notice, bill, schedule, summons or other document to the owner or occupier, or if there be more than one owner or occupier, to any one of the owners or occupiers of such building or land; or
2. (b) if the owner or occupier or no one of the owners or occupiers is found by giving or tendering the said notice, bill, schedule, summons or other document to some adult male member or servant of the family of the owner or occupier or of any one of the owners or occupiers; or
3. (c) if none of the means aforesaid be available by causing the said notice, bill, schedule, summons or other document to be affixed on some conspicuous part of the building or land to which the same relates.

Nothing in the three last preceding sections applies to any summons issued under this Act by a Magistrate.

Notwithstanding anything contained in sections 629, 630 and 631 a bill for any municipal tax may be served upon the person liable therefor by sending it by ordinary post with a pre-paid letter under a certificate of posting, addressed to such person at his last known abode or place of business in the City and every bill so sent shall be deemed to have been served on the day following the day upon which letter was posted and, in proving such service, it shall be sufficient to prove that the letter was properly addressed and posted under a certificate of posting.

1. (1) Every licence, written permission, notice bill, schedule, summons or other document required by this Act or rule or bye-law made thereunder to bear the signature of the Commissioner or of any municipal officer shall be deemed to be properly signed if it bears a facsimile of the signature of the Commissioner or of such municipal officer, as the case may be, stamped thereupon.
2. (2) Nothing in this section shall be deemed to apply to a cheque drawn upon the municipal fund under section 171.

1. (1) The Commissioner may, in order to facilitate the service, issue, presentation, or giving of any notice, bill, schedule, summons or other such document upon or to any person, by written notice require the owner or occupier of any premises, or of any portion thereof to state in writing, within such period as the Commissioner may specify in the notice, the nature of his interest therein and the name and address of any other person having an interest therein, whether as freeholder, mortgagee, lessee or otherwise, so far as such name and address is known to him.
2. (2) Any person required by the Commissioner in pursuance of sub-section (1) to give the Commissioner any information shall be bound to comply with the same and to give true information to best of his knowledge and belief.

1. (1) If any work or thing requiring the written permission of the Commissioner under any provision of this Act or any rule, regulation or bye-law is done by any person without obtaining such written permission or if such written permission is subsequently suspended or revoked for any reason by the Commissioner, such work or thing shall be deemed to be unauthorised and subject to any other provision of this Act the Commissioner may at any time, by written notice, require that the same shall be removed, pulled down or undone as the case may be, by the person so carrying out or doing if the person carrying out such work or doing such thing is not the owner at the time of such notice then the owner at the time of giving such notice shall be liable for carrying out the requisitions of the Commissioner.
2. (2) If within the period specified in such written notice the requisitions contained therein are not carried out by the person or owner, as the case may be, the Commissioner may remove or alter such work or undo such thing and the expenses thereof shall be paid by such person or owner as the case may be.

The Commissioner or any other officer authorised by him in this behalf may enter into or upon any building or land, with or without assistants or workmen in order to make inspection or survey or to execute any work which is authorised by this Act or by any regulation or bye-law framed under this Act to be made or executed, or which it is necessary for any of the purposes, or in pursuance of any of the provisions of this Act or of any such regulation or bye-law, to make or execute: Provided that—

1. (a) except when it is in this Act otherwise expressly provided no such entry shall be made between sunset and sunrise;
2. (b) except when it is in this Act otherwise expressly provided, no building which is used as a human dwelling shall be so entered unless with the consent of the occupier thereof, without giving the said occupier not less than twenty-four hours previous written notice of the intention to make such entry, and unless for any sufficient reason it shall be deemed inexpedient to furnish such information of the purpose thereof;
3. (c) sufficient notice shall in every instance be given, even when any premises may otherwise be entered without notice, to enable the inmates of any apartment appropriated to females to remove to some part of the premises where their privacy need not be disturbed;
4. (d) due regard shall always be had, so far as may be compatible with the exigencies of the purpose for which the entry is made, to the social and religious usages of the occupants of the premises entered.

The Commissioner shall have the power of a Civil Court for the purpose of enforcing the attendance of witnesses and compelling the production of documents and every person required by the Commissioner to furnish any information shall be legally bound to do so within the meaning of section 176 of the Indian Penal Code, 1860.

1. (1) When any requisition or order is made, by written notice, by the Commissioner or by any municipal officer, empowered under section 119 in his behalf, under any section, sub-section or clause of this Act, mentioned in sub-section (2), a reasonable period shall be specified in such notice for carrying such requisition or order into effect, and if, within the period so specified, such requisition or order or any portion of such requisition or order is not complied with, Commissioner may take such measures or cause such work to be executed or such thing to be done as shall, in his opinion, be necessary for giving due effect to the requisition or order so made; and, unless it is in this Act otherwise expressly provided, the expenses thereof shall be paid by the person or by any one of the persons to whom such requisition or order was addressed.
2. (2) The sections, sub-sections and clauses of this Act referred to in sub-section (1) are the following, namely:— Section 300, sub-section (5). ,, 302 ,, 303 ,, 305, sub-section (1), clause (b). ,, 316, ,, (2). ,, 322, ,, (1). ,, 325 ,, 335 ,, 352, sub-section (2). ,, 353, ,, (5). ,, 354, ,, (3). ,, 355, ,,
3. (1) & (2). ,, 359 ,, 394 ,, 397, sub-section (2). ,, 398 Section 400 ,, 406 ,, 416 ,, 417, sub-section (2). ,, 418, ,, (1), clause (d). ,, 420, ,, (3). ,, 421, ,, (3). ,, 422, ,, (1). ,, 429, ,, (2). ,, 445, ,, (2). ,, 453 ,, 454 ,, 456 ,, 483, sub-sections (1), (2),
4. (3) and (4) ,, 493 ,, 494 ,, 495 ,, 496 ,, 497 ,, 502 ,, 504 ,, 505, sub-section (2). ,, 508 ,, 509, sub-section (1). ,, 519, sub-section (1). ,, 532 ,, 554, sub-section (1).
5. (3) The Commissioner may take any measure, execute any work or cause anything to be done under this section, whether or not the person who has failed to comply with the requisition or order is liable to punishment or has been prosecuted or sentenced to any punishment for such failure.

1. (1) The expenses incurred by the Commissioner in effecting any removal under section 405 or sub-section (3) of section 413 or in the event of a written notice issued under section 406 or section 456 or 504 not being complied with under section 639, shall be recoverable by sale of the materials removed, and if the proceeds of such sale do not suffice, the balance shall be paid by the owner of the said materials.
2. (2) But if the expenses of removal are in any case paid before the materials are sold, the Commissioner shall restore the materials to the owner thereof, on his claiming the same at any time before they are sold or otherwise disposed of, and on his paying all other expenses, if any, incurred by the Commissioner in respect thereof or in respect of the intended sale or disposal thereof.
3. (3) If the materials are not claimed by the owner thereof, they shall be sold by auction or otherwise disposed of as the Commissioner thinks fit if perishable, forthwith and if other than perishable, as soon as conveniently may be after one month from the date of their removal whether the expenses of the removal have in the mean time been paid or not and the proceeds, if any, of the sale or other disposal, shall, after defraying therefrom the costs of the sale or other disposal, and if necessary of the removal, be paid to the credit of the Municipal fund, and shall be the property of the Corporation.

1. (a) Whenever under this Act, or any rules or bye-law made thereunder, the expenses of any work executed or of any measure taken or thing done by or under the order of the Commissioner or of any municipal officer empowered under section 119 in this behalf are payable by any person, the same shall be payable on demand.
2. (b) If not paid on demand the said expenses shall be recoverable by the Commissioner subject to the provisions of sub-section (2) of section 650 by distress and sale of the goods and chattels of the defaulter, as if the amount thereof were a property tax due by the said defaulter.

1. (2) If the said expenses are due in respect of some work executed or thing done to, upon or in connection with some building or land or of some measure taken with respect to some building or land or in respect of some work executed or thing done or measure taken for giving effect to any requisition or order made under sub-section (2) of section 496 and the defaulter is the owner of such building or land or of the premises referred to in sub-section (2) of section 496, as the case may be, the amount thereof may be demanded from any person who at any time, before the said expenses have been paid, occupies the said building, land or premises under the said owner; and in the event of the said person failing to pay the same, they may be recovered, by distress and sale of the goods and chattels of the said person, as if the amount thereof were a property-tax due by him: Provided as follows, namely—
   • (i) unless the said person neglects or refuses, at the request of the Commissioner truly to disclose the amount of the rent payable by him in respect of the said building, land or premises and the name and address of the person to whom the same is payable, the said person shall not be liable to pay on account of the said expenses any large sum than, up to the time of demand, is payable by him to the owner on account of rent of the said building, land or premises; but it shall rest upon the said person to prove that the amount of the expenses demanded of him is in excess of the sum payable by him to the owner;
   • (ii) the said person shall be entitled to credit in account with the owner for any sum paid by or recovered from him on account of the said expenses;
   • (iii) nothing in this section shall affect any agreement made between the said person and the owner of the building, land or premises in his occupation respecting the payment of the expenses of any such work, thing or measure as aforesaid.
2. (3) Instead of recovering any such expenses as aforesaid in any manner hereinafter provided, the Commissioner may, if he thinks fit and with the approval of the Standing Committee, take an agreement from the person liable for the payment thereof, to pay the same in installments of such amounts and at such intervals as will secure the payment of the whole amount due with interest thereon, at such rate not exceeding nine per centum per annum as the Standing Committee may fix from time to time, within a period of not more than five years.

If the expenses to be recovered have been incurred in respect of any work mentioned in any of the sections-clause (c) of 296, 300, 302, clause (b) of sub-section (1) of 305, sub-section (1) of 323, 335, 353, clause (a) of sub-section (3) of 354, 394, sub-section (1) of 453, 495, 504 and 532, the Commissioner may, if he thinks fit and with the approval of the Corporation, declare such expenses to be improvement expenses and on such declaration being made, such expenses together with interest thereon payable under section 643, shall be a charge on the premises in respect of which or for the benefit of which the expenses have been incurred.

643.

1. (1) Improvement expenses by whom payable.
2. (3) Proportion of improvement expenses may be deducted from rent
3. (1) Improvement expenses shall be recoverable in installment of such amount not being less for any premises than twelve rupees per annum and at such intervals as will suffice to discharge such expenses, together with interest thereon at the rate of six per centum per annum within such period not exceeding thirty years as the Commissioner, with approval of the Corporation, may in each case determine.
4. (2) The said installments shall be payable by the occupier of the premises on which the expenses and interest thereon are so charged or, in the event of the said premises becoming unoccupied at any time before the expiration of the period fixed for the payment of such expenses or before the same, with interest as aforesaid, are fully paid off, by the owner for the time being of the said premises so long as the same continue to be unoccupied.
5. (3) Where the occupier by whom any improvement expenses together with interest thereon are paid holds the premises on which the expenses together with interest thereon are charged, at a rent not less than the rack-rent, he shall be entitled to deduct three-fourths of the amount paid by him on account of such expenses and interest thereon as aforesaid from the rent payable by him to his landlord, and, if he holds at a rent less than the rack-rent he shall be entitled to deduct from the rent so payable by him such proportion of three-fourths of the amount paid by him on account of such expenses and interest thereon as aforesaid as his rent bears to the rack-rent.
6. (4) And if the landlord from whose rent any deduction is so made is himself liable to the payment of rent for the premises in respect of which the deduction is made and holds the same for a term of which less than twenty years is unexpired otherwise, he may deduct from the rent so payable by him as the rent payable by him bears to the rent payable to him, and so in succession with respect to every landlord holding for a term of which less than twenty years is unexpired of the same premises both receiving and liable to pay rent in respect thereof:

Redemption of charge for improvement expenses At any time before the expiration of the period for the payment of any improvement expenses together with interest thereon the owner or occupier of the premises on which they are charged may redeem such charge by paying to the Commissioner such part of the said expenses and such interest due, if any, as may not have been already paid or recovered.

Any installment payable under sub-section (3) of section 641 or section 643, which is not paid when the same becomes due may be recovered by the Commissioner by distress and sale of the goods and chattels of the person by whom it is due as if it were a property tax due by the said person.

Whenever the owner of any building or land fails to execute any work which he is required to execute under this Act, the occupier, if any, of such building or land may, with the approval of the Commissioner, execute the said work, and he shall be entitled to recover the reasonable expenses incurred by him in so doing from the owner and may deduct the amount thereof from the rent which from time to time becomes due by him to the owner.

No person who receives the rent of any premises in any capacity described in paras (i),

1. (ii) and (iii) of sub-clause (a) of clause (39) of section 2 shall be liable to do anything which is by this Act required to be done by the owner, unless he has sufficient funds of or due to the owner to pay for the same.

In any case not otherwise expressly provided for in this Act, the Commissioner may, with the previous approval of the Standing Committee, pay compensation to any person who sustains damage by reason of the exercise of any of the powers vested by this Act in the Commissioner or in any municipal officer or servant.

1. (1) If, on account of any act or ommission any person has been convicted of an offence against any rule or bye-law made thereunder, and, by reason of the same act or ommission of the said person, damage has occurred to any property of the Corporation, compensation shall be paid by the said person for the said damage notwithstanding any punishment to which he may have been sentenced for the said offence.
2. (2) In the event of dispute, the amount of compensation payable by the said person shall be determined by the Magistrate before whom he was convicted of the said offence, and on non-payment of the amount of compensation so determined, the same shall be recovered under a warrant from the said Magistrate as if it were a fine inflicted by him on the person liable therefor.

1. (1) If, when the Commissioner demands payment of any expenses under section 641 his right to demand the same or the amount of the demand is disputed, or if, in the case of expenses incurred by the Commissioner in taking temporary measures under sub-section (2) of section, 422 the necessity for such temporary measures is disputed, the Commissioner shall refer the case for the determination of the Judge.
2. (2) Pending the Judge's decision the Commissioner shall defer further proceedings for the recovery of the sum claimed by him and, after the decision, shall proceed to recover only such amount, if any, as shall be thereby ascertained to be due.

If, in any case not falling under section 641, any person is required by this Act, or by any rule or bye-law framed under this Act, to pay any expenses or any compensation, the amount to be so paid and, if necessary, the apportionment of the same, shall, in case of dispute, be determined, except as is otherwise provided in sections 650 and 667, by the Judge of the Small Causes Court on application being made to him for this purpose at any time within one year from the date when such expenses or compensation first became claimable.

If the amount of any expenses or compensation ascertained in accordance with the last preceding section is not paid by the person liable to pay the same on demand, it shall be recoverable as if the same were due under a decree of the Court.

Instead of proceeding in any manner aforesaid for the recovery of any expenses or compensation of which the amount due has been ascertained as hereinbefore provided, or after such proceedings have been taken unsuccessfully or with only partial success, the sum due, or the balance of the sum due, as the case may be, may be recovered by a suit brought against the person liable for the same in any Court of competent jurisdiction.