The Greater Hyderabad Municipal Corporation Act, 1955

Language

Infrastructure1955597 of 786 sections available21 chapters

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Chapter I Chapter I

1. Short title, extent and commencement

Statutory text

Preliminary

(1) This Act may be called the 2[Greater Hyderabad Municipal Corporation] Act, 1955.
(2) It extends to the 2[city comprised by Greater Hyderabad Municipal Corporation] and shall come into force at once.

Chapter I Chapter I

2. Definitions

Statutory text

-1 2. In this Act, unless there is anything repugnant in the subject or context,-

(1) 'bakery or bake-house' means any place in which bread, biscuits, or confectionery are baked, cooked or prepared in any manner whatsoever for the purpose of sale;
(2) 'budget grant' means the total sum entered on the expenditure side of a budget estimate under a major head and finally adopted by the Corporation;
(3) 'building' includes a house, out-house, stable, latrine, godown, shed, hut, wall, fencing, platform and any other structure whether of masonry, bricks, wood, mud, metal or of any other material whatsoever;
(4) 'business' includes any trade, commerce or manufacture, or an adventure or any concern in the nature of trade, commerce or manufacture; [(4-a) 'ceiling limit' means the ceiling limit as specified in section 4 of the Urban Land (Ceiling and Regulation) Act, 1976;]
(5) 'cesspool' includes a settlement tank or other tank for the reception or disposal of foul matter from buildings; [(6) 'city' means the area declared by the State Government by notification to be the City of Greater Hyderabad.]
(7) 'Commissioner' means the Municipal Commissioner for the city appointed under section 104 and includes an acting commissioner appointed under section 110;
(8) 'company' means a company as defined in [the Companies Act, 1956] or formed in pursuance central Act of an Act of Parliament or of an Act of the of I956 Legislature of a State and includes any firm or association carrying on business in the [Telangana area of the State of Telangana] whether incorporated, or its principal place of business is situate therein, or not;
(9) 'the corporation' means the Municipal Corporation of the City;
(10) '#[Member]' means a person who is duly elected or deemed to be duly elected as a #[Member] of the Corporation under this Act;
(11) 'cubical contents' when used with reference to the measurement of a building means the space contained within the external surface of its walls and roof and the upper surface of the floor of its lowest storey, or where the building consists of one storey only, the upper surface of its floor;
(12) 'dairy' includes any farm, milk store, milk shop or other place from which milk is supplied only on or for sale or in which milk is kept for the purposes of sale, or manufactured into butter, ghee, cheese, curd or dried or condensed milk, for sale, and in the case of a dairy-man who does not occupy any place for the sale of milk, includes the place where he keeps the vessels used by him for the sale of milk, but does not include -
- (a) a shop from which milk is not supplied otherwise than in a properly closed and unopened vessel in which it was delivered to the shop; or
- (b) a shop or other place in which milk is sold for consumption on the premises only;
(13) 'dairy-man' includes any occupier of a dairy, any keeper of milch-kine who trades in milk, or any person who sells milk whether wholesale, or by retail;
(14) 'drain' includes a sewer, tunnel, pipe, ditch, gutter or channel and any cistern, flush tank, septic tank or other device for carrying off or treating sewage, offensive matter, polluted water, sullage, waste water, rain water, or sub-soil water and any culvert, ventilation shaft or pipe or other appliance or fitting connected therewith, and any ejector, compressed air main, sealed sewage main and special machinery or apparatus for raising, collecting, expelling or removing sewage or offensive matter from any place; [(14-a) 'Drainage' includes all liquid discharges except sewerage;]
(15) 'eating house' means any premises to which the public or any section of the public are admitted and where food is prepared, supplied or sold for consumption on the premises for the profit or gain of any person owning or having an interest in or managing such premises; [(15-A) 'election authority' means such officer or authority as may appointed by the State Election Commission to exercise such powers and to perform such functions in connection with the conduct of elections to the Municipal Corporations;]
(16) 'Election Tribunal' means a tribunal constituted under section 75;
(17) 'Factory' means a factory as defined in the Factories Act, 1948, and includes any premises as also its precincts wherein an industrial, manufacturing or trade process is carried with the aid of steam, water, oil, gas, electricity or any other form of power which is mechanically transmitted and is not generated by human or animal agency;
(18) 'filth' means-
- (a) night soil or other contents of latrines, cess-pools and drains:
- (b) dirt, dung, refuse, useless or offensive material thrown out in consequence of any process of manufacture, industry or trade; and
- (c) putrid or putrifying substance; [(18-a) 'Finance Commission' means the Finance Commission constituted by the Governor under article 243-I of the Constitution of India;]
(19) 'financial year' means the year beginning on the first day of April or such other date as the Government may by notification appoint;
(20) 'food' includes every article other than drugs and water used by human beings for purposes of eating or drinking, any material or substance used or admixed in the composition, preparation, flavouring or colouring of such article and all confectionery, spices and condiments;
(21) 'frame building' means a building the external walls of which are constructed of timber framing or iron framing, and the stability of which depends on such frames;
(22) 'goods' includes animals; [(22-a) 'high rise building' means and includes all buildings with eighteen
(18) meters or more in height measured from the average level of the central line of street on which the site abuts. Staircase rooms, Lift rooms, Chimneys, elevated tanks above the top most floor and architectural features are excluded from the height of such buildings;]
(23) 'house-drain' means any drain of, and used for the drainage of, one or more buildings or premises and made merely for the purpose of communication with a municipal drain;
(24) 'house-gully' means a passage or strip of land constructed, set apart or utilised for the purpose of serving as a drain or for affording access to municipal servants or to persons employed in the cleansing of a privy, urinal, cesspool or other receptacle for filth or polluted matter, or in the removal of such matter therefrom;
(25) 'hut' means any building which is constructed principally of wood, mud, leaves, grass, cloth or thatches and includes any temporary structure, of whatever size or material, which the Corporation may for the purposes of this Act declare to be a hut;
(26) 'infectious disease' means cerebro-spinal fever, chicken-pox, cholera, diphtheria, enteric fever, epidemic influenza, leprosy, measles, plague, rabies, scarlet fever, small-pox, tuberculosis, typhus, yaws, or any other disease which the Government may by notification declare to be prevalent either generally throughout State or City or in such part or parts thereof as may be specified in the notification;
(27) 'the judge' means [in the cities of Hyderabad and Secunderabad, the Chief Judge, Court of Small Causes, Hyderabad] and shall include a Sub-Judge to whom such Judge may transfer in accordance with the provision of this Act an application or appeal for disposal;
(28) 'land' includes land which is being built upon or is built upon or covered with water, benefits to arise out of land, things attached to the earth or permanently fastened to anything attached to the earth and rights created by legislative enactment over any street;
(29) 'licensed' means a person licensed under this Act;
(30) 'Local authority' includes Municipal Corporation, City and Town Municipalities, District Boards and Cantonment Board;
(31) 'lodging-house' means a building or part of a building where lodging with or without board or other service is provided for a monetary consideration;
(32) 'market' includes any place where persons assemble for the sale of, or for the purpose of exposing for sale, livestock, food for livestock, meat, fish, fruit, vegetables, animals intended for human consumption or any other article of human food whatsoever with or without the consent of the owner of such place, notwithstanding that there may be no common regulation of the concourse of buyers and sellers and whether or not any control is exercised over the business carried on in or on the persons frequenting such place by the owner thereof or any other person;
(33) 'masonry building' means any building, other than a frame building or a hut and includes any structure a substantial part of which is made of masonry or of steel, iron or other metal; [(33-a) 'minerals water' means mineral water as defined in item A-32 of Appendix B to the Prevention of Food Adulteration Rules, 1955, framed under section 23 of the Prevention of Food Adulteration Act, 1954;]
(34) 'municipal building', 'municipal drain', 'municipal market', 'municipal slaughter house' or 'municipal water works' means a building, drain, market, slaughter house or water works as respectively vest in or are managed by the Corporation under this Act;
(35) 'nuisance' includes any act, omission, place or thing which causes or is likely to cause injury, danger, annoyance or offence to the sense of sight, smell or hearing or disturbance to rest or sleep or which is or may be dangerous to life or injurious to health or property of the public or of persons in general who dwell in the vicinity, or occasion to exercise a public right;
(36) 'occupier' includes-
- (a) any person who for the time being is paying or is liable to pay to the owner the rent or any portion of the rent of the land or building in respect of which such rent is paid or is payable,
- (b) a rent-free tenant,
- (c) licensee in occupation of any land or building, and
- (d) any person who is liable to pay to the owner damages for the use and occupation of any land or building;
(37) 'octroi' means a cess levied on goods at the time of their entry into the limits of a City for purposes of consumption, use or sale therein;
(38) 'offensive matter' includes-
- (a) filth,
- (b) sewage,
- (c) dust, house-sweeping, spittings, including chewed betel and tobacco, kitchen or stable refuse, pieces of broken glass or pottery-debris and waste paper;
(39) 'owner' means—
- (a) when used with reference to any premises, the person who receives, the rent of the said premises, or who would be entitled to receive the rent thereof if the premises were let and includes-
  - (i) an agent or trustee who receives such rent on account of the owner;
  - (ii) an agent or trustee who receives the rent of, or is entrusted with, or concerned for, any premises devoted to religious or charitable or educational purposes;
  - (iii) a receiver, sequestrator or manager appointed by any court of competent jurisdiction to have the charge of or to exercise the rights of an owner of the said premises; and
  - (iv) a mortgagee-in-possession; and
- (b) when used with reference to any animal, vehicle or boat includes the person for the time being in charge of the animal, vehicle or boat; [(39-a) 'Population' or 'population as at the last census' with all its grammatical variations and cognate expressions, means the population as ascertained at the [last census] of which all the relevant and necessary figures have been published;] [(39-b) 'packaged drinking water' (other than Mineral Water) means water manufactured, packaged, sealed, labelled and meant for commercial use for drinking purpose to the general public;]
(40) 'premises' includes messuages, buildings and lands of any tenure whether open or enclosed, whether built on or not and whether public or private;
(41) 'prescribed' means prescribed by rules made by Government under this Act;
(42) 'private street' means any street, which is not a 'public street' but does not include a pathway made by the owner of premises on his own land to secure access to or the convenient use of such premises;
(43) 'privy' means a place set apart for defecating or urinating or both, together with the structure comprising such place, the receptacle therein for human excreta and the fittings and apparatus, if any, connected therewith, and includes a closet of the dry type, an aquaprivy, a latrine and a urinal;
(44) 'public place' includes any park or garden, ground or any other place to which the public have or are permitted to have access;
(45) 'public securities' means-
- (a) securities of the Central Government or any State Government,
- (b) stocks, debentures or shares, the interest whereon has been guaranteed by the Central or any State Government,
- (c) debentures or other securities for money issued by or on behalf of any local authority,
- (d) securities expressly authorised by any order which the Government makes in this behalf;
(46) 'public street' means any street over which the public have a right of way, whether a thoroughfare or not and includes—
- (a) a broadway over or a footway attached to any public bridge or cause-way, and
- (b) the drain attached to any such street, public bridge or cause-way and the land, whether covered or not by any pavement, verandah, or other structure, which lies on either side of the roadway upto the boundaries of the adjacent property, whether that property is private property or property belonging to Government; [(46-a) 'qualifying date' in relation to the preparation and publication of every electoral roll under this Act, means the first day of January of the year in which it is so prepared and published;] [(46-b) 'Recognised Political Party' and 'Registered Political Party' shall have the meanings respectively assigned to them in the Election Symbols (Reservation and Allotment) Order, 1968, issued by the Election Commission of India under article 324 of the Constitution of India and in the Registration of Political Parites and Allotment of Symbols Order, 2001, issued by the State Election Commission under article 243 K read with article 243 ZA of the Constitution of India;]
(47) 'rack rent' means the amount of the annual rent for which the premises with reference to which the term is used might reasonably be expected to let from year to year as ascertained for the purpose of fixing the rateable value of such premises;
(48) 'rateable value' means the value of any building or land fixed in accordance with the provisions of this Act and the rules made thereunder for the purpose of assessment to property taxes;
(49) 'rubbish' includes dust, ashes, broken bricks, mortar waste, garden refuse and refuse of any kind which is not offensive matter or sewage;
(50) 'Schedule' means the schedule annexed to this Act;
(51) 'sewage' means night soil and other contents of water closets, latrines, privies, urinals, cesspools or drains and polluted water from sinks, bathrooms, stables, cattle-sheds and other like places and includes trade effluent and discharges from manufactories of all kinds; [(51-a) 'State Election Commission' means the State Election Commission constituted in pursuance of article 243-K of the Constitution of India;]
(52) 'street' includes any highway, and any cause-way, bridge, viaduct, arch, road, land, footway, sub-way, court, alley or riding path or passage, whether a through fare or not; and, when there is a footway as well as a carriage way in any street, the said term includes both;
(53) 'sweet meat shop' means any premises or part of any premises used for the manufacture, treatment or storing for sale, whether wholesale or retail, of any ice-cream, confectionery or sweetmeat of any kind whatsoever, for whomsoever intended and by whatsoever name the same may be known, and whether the same be for consumption on or outside the premises;
(54) 'trade effluent' means any liquid either with or without particles of matter in suspension therein, which is wholly or in part produced in the course of any trade or industry carried on at trade premises, and in relation to any trade premises, means any such liquid as aforesaid which is so produced in the course of any trade or industry carried on at those premises, but does not include sewage; [(55) 'vehicle' means a carriage, cart, van, dray, truck, handcart, bicycle, tri-cycle, cycle-rickshaw, and every wheeled conveyance which is used or is capable of being used on a street but does not include a motor vehicle within the meaning of the Motor Vehicles Act 1939;] [(55-a) 'Wards Committee' means a Wards Committee constituted under section-8A;]
(56) 'water closet' means a closet which has a separate fixed receptacle connected to a drainage system and separate provision for flushing from a supply of clean water either by the operation of mechanism or by automatic action;
(57) 'water connection' includes—
- (a) any tank, cistern, hydrant, stand-pipe, meter or tap situated on any private property and connected with a water-main or pipe belonging to the Corporation; and
- (b) the water-pipe connecting such tank, cistern, hydrant, stand-pipe, meter or tap with such water-main or pipe;
(58) 'water-course' includes any river, stream or channel;
(59) 'water for domestic purposes' shall not include water for cattle, or for horses, or for washing vehicles, when the cattle, horses or vehicles are kept for sale or hire, or by a common carrier, and shall not include water for any trade, manufacture or business, or for building purposes, or for watering gardens, or for fountains or for any ornamental or mechanical purposes;
(60) 'water works' includes a lake, stream, spring, well, pump, reservoir, cistern, tank, duct whether covered or open, sluice, mainpipe, culvert, engine, water-truck, hydrant, stand-pipe, conduit and machinery, land, building or thing for supplying or used for supplying water or for protecting services of water supply.

Chapter I Chapter I

3. Constitution of Corporation

Statutory text

21[3.

(1) There shall be established a Municipal Corporation for the City of Greater Hyderabad with effect from the date of notification under sub-section (3): Provided nothing in this sub-section shall prevent the Government form establishing, with a view to secure efficiency and economy in the Municipal administration, a single Corporation for Greater Hyderabad on such terms and conditions as may be specified in the notification published in the *Telangana Gazette in this behalf.
(2) The Corporation established under sub-section (1) shall be a body corporate by the name of Greater Hyderabad Municipal Corporation and shall have perpetual succession and a common seal, and subject to any restrictions or qualifications imposed by or under this Act, or any other law, shall be vested with the capacity of suing or being sued in its corporate name, of acquiring, holding and transferring property, of entering into contracts, and of doing all things necessary, proper or expedient for the purposes for which it is constituted.
(3) Government may, from time to time, after consultation with the Corporation, by notification in the *Telangana Gazette, alter the limits of the City as declared under clause (6) of section 2 so as to include therein or to exclude therefrom, the areas specified in the notification. 22[(3A) Notwithstanding anything contained in sub-section (3), the areas mentioned in Schedule ̳W‘ of this Act shall stand included and form part of the City:
- (a) where an elected body of the Gram Panchayat constituted for such area prior to the commencement of the Telangana Panchayat Raj Act, 2018 is in existence on the date of expiry of the term of such elected body;
- (b) where no elected body of the Gram Panchayat constituted for such area prior to the commencement of the Telangana Panchayat Raj Act, 2018, is in existence on the date of such commencement.]
(4) The power to issue a notification under sub-section (3) shall be subject to previous publication.]

Chapter II Chapter II

4. The Municipal Constitution.

Statutory text

Municipal authorities charged with the execution of the Act The Municipal authorities charged with carrying out the provisions of this Act are:—

(a) a Corporation;
(b) a Standing Committee;
(c) a Commissioner; 23[(d) the Wards Committee.]

Chapter II Chapter II

24[(1) Subject to the provisions of sub-section (2) the Corporation shall consist of such number of elected members as may be notified from time to time by the Government in the *Telangana Gazette, in accordance with such principles as may be prescribed.]

25[(1A) Every member of the Legislative Assembly of the State and every member of the House of the People representing a 26[constituency] of which the Corporation or a portion thereof forms part, 27[and every member of the Council of the State registered as an elector within the area of the Municipal Corporation 28[and every Member of the Legislative Council of the State registered as an elector within the area of the Municipal Corporation 29[XXX]] shall be ex-officio councillor of the Corporation]:

Provided that a Member of the Legislative Assembly or a Member of the House of the People representing a 30[constituency] which comprises a portion of the Corporation and a part of any municipality or municipalities, shall be ex-officio Councillor of either the Corporation or of one such municipalities, which he chooses; and he shall also have the right to take part in the proceedings of any meetings of the other municipal councils or Corporation, as the case may be, within the 30[constituency], but shall not be entitled to vote at any such meeting.]

31[(1-B) In addition to the members referred to in sub-sections (1) and (1-A) three persons having special knowledge or experience in Municipal Administration of whom one shall be woman, be co-opted as members of the Corporation in the prescribed manner by the members of the Corporation from among the persons who are registered voters in the Corporation and who are not less than twenty-one years of age:

Provided that the members co-opted under this sub-section shall have the right to speak in and otherwise to take part in the meetings of the Corporation but shall not have right to vote.

(1-C) Two persons belonging to the minorities of whom one shall be woman be co-opted as members of the Corporation in prescribed manner by the members of the Corporation specified in sub-sections (1) and (1-A) from among the persons who are registered voters in the Corporation and who are not less than twenty-one years of age:

Provided that the members co-opted under this sub-section shall have the right to speak in and otherwise to take part in the meetings of the Corporation but shall not have right to vote.]

32[(1-D)] No person shall be a member in more than one of the categories specified in 33[sub-sections (1), (1A), (1B) and (1C)]. A person who is or becomes a member of the Corporation in more than one such category shall, by notice in writing signed by him and delivered to the Commissioner, within fifteen days from the date on which he so becomes a member, intimate in which one of the said categories he wishes to serve, and thereupon he shall cease to be the member in the other category. In default of such intimation within the aforesaid period, his membership in the Corporation in the category acquired earlier shall, and his membership acquired later in the other category shall not, cease at the expiration of such period. The intimation given under this sub-section shall be final and irrecoverable.

34[(2) In the Corporation out of the total strength of elected members, the Government shall, subject to the rules as may be prescribed, by notification reserve,-

(a) such number of seats to the Scheduled Castes and Scheduled Tribes as may be determined by them, subject to the condition that the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election to the Corporation, as the population of the Scheduled Castes, as the case may be, the Scheduled Tribes in the Corporation bears to the total population of the Corporation; and such seats may be allotted by rotation to different wards in the Corporation;
(b) one third of the seats for the members belonging to the Backward Classes; and such seats may be allotted by rotation to different Wards in the Corporation; 35[XXX]
(c) not less than one-third of the total number of seats reserved under clauses (a) and (b) for women belonging to the Scheduled Castes, Scheduled Tribes or as the case may be, the Backward Classes;
(d) not less than one third (including the number of seats reserved for women belonging to the Scheduled Castes, Scheduled Tribes and Backward Classes) of the total number of seats to be filled by direct election to the Corporation shall be reserved for women and such seats may be allotted by rotation to different Wards in a Corporation.] 36[(2-A) [XXX]] 37[(3) [XXX]] 38[Explanation:- In this section,-
- (i) the expression ̳Scheduled Castes‘ and ̳Scheduled Tribes‘ shall have the same meanings respectively assigned to them in clause (24) and clause (25) of article 366 of the Constitution of India;
- (ii) the expression ̳Backward Classes‘ means any socially, and educationalIy Backward Classes of citizens recognised by the Government for purposes of clause (4) of article 15 of the Constitution of India, 39[without reference to the classification but including the creamy layer amongst such Backward Classes of citizens]. 40[(iii) [XXX]]

Chapter II Chapter II

6. Term of office of Members

Statutory text

41[(1) The term of office of elected #[members] shall, save as otherwise expressly provided in this Act, be five years from the date appointed for the first meeting of the Corporation under clause (b) of section 88 and the last day of their term of office is in this Act referred to as the day for retirement.]

42[(3) An ex-officio #[Member] shall hold office so long as he continues to be the member of the Legislative Assembly of the State or the Legislative Council of the State or the House of the People, as the case may be.]

Chapter II Chapter II

7. Elections when to be held

Statutory text

(1) Every general election requisite for the purpose of this Act shall be held 43[XXX] in the manner prescribed, within three months before the day for retirement of the Councillors as specified in section 6. 44[(2) Every casual vacancy in the office of an elected member of a Municipal Corporation shall be reported by the Commissioner to the State Election Commission within fifiteen days from the date of occurrence of such vacancy and shall be filled within four months from that date.
(3) A member elected in a casual vacancy shall enter upon office forthwith but shall hold office only so long as the member in whose place he is elected would have been entitled to hold office if the vacancy had not occurred.
(4) No casual election shall be held to a Municipal Corporation within six months before the date on which the term of office of its members expires by efflux of time.]

Chapter II Chapter II

8. Division of Corporation into wards etc., for the purpose of election of Members

Statutory text

45[8. 46[(1) For the purpose of election of members of the Corporation, the Government shall, by notification in the *Telangana Gazette, divide the City into as many wards as the number of members notified under sub-section (1) of section 5 in such manner as may be prescribed:]

47[(2) [XXX]]

(3) Where a notification issued under sub-section (1) results in the material alteration of the existing #[ward] of the city into #[wards], the Government may direct that the alteration shall take effect from the date of next ordinary elections.
(4) Where any local area within the jurisdiction of any other local authority is included in the city 48[XXX] the local area shall be added to such adjoining #[ward] or #[wards] of the city as the Government may direct. 49[(4A) Where any local area comprised in a Gram Panchayat constituted under the 50Andhra Pradesh Gram Panchayats Act, 1964 is included in a Corporation, the Government may direct that the electoral roll relating to the said local area shalI be adopted suitably for the purpose of elections under this Act, until an electoral roll for such area is prepared in accordance with the provisions of this Act.]
(5) When a new #[ward] is formed or when an existing #[ward] is abolished, the Commissioner shall with the approval of the Government determine-
- (a) the #[ward] which each elected #[member] then in the Corporation shall be deemed to represent; and
- (b) the #[ward] or #[wards] in which elections shall be held to fill up the vacancies, if any, in the Corporation.]

Chapter II Chapter II

8A. Constitution, composition and functions, rights of Ward Committee, etc

Statutory text

(1) There shall be constituted a Ward Committee for each Ward of Municipal Corporation within three months from the date as may be notified.
(2) Each Ward Committee shall constist of,-
- (i) the member of the Municipal Corporation representing the Ward, who shall be the Chairperson of the Ward Committee;
- (ii) not more than ten electors representing the civil society from the ward, to be nominated by the Municipal Corporation in such manner as may be prescribed: Provided that if the population of the ward is not more than ten thousand, the number of nominated members shall be four, and thereafter, there shall be one additional member for every four thousand population or part thereof: Provided further that in reckoning the number of additional members of the Ward Committee exceeding four, any part of less than two thousand population may be ignored: Provided also that half of the persons to be nominated to the Ward Committee shall be women;
- (iii) the Area Sabha Representatives. Explanation:- For the purposes of this section and section 8B, civil society menas any non-governmental organization or association of persons, established, constituted or registered under any law for the time being in force and working for social welfare, and includes any community based organization, residents welfare association, professional institution and civic, health, educational institution, social or cultural body or any trade or industrial organization, other stakeholders and such other association or body, as may be prescribed by the Government.
(3) A person shall be disqualified for being nominated as a member of the Ward Committee or to continue as such member, if under the provisions of the Act, for the time being in force, he would be disqualified for being elected as a member of a Municipal Corporation.
(4) The term of office of Ward Committee shall be co-terminus with the term of office of the Municipal Corporation.
(5) The manner of conduct of business at the meetings of the Ward Committee shall be such as may be prescribed.
(6) The Ward Committee shall discharge the following functions, namely:-
- (i) Supervision over:-
- (a) sanitation work and drainage maintenance;
- (b) distribution of water supply;
- (c) working of the street lights;
- (d) minor repair of roads;
- (e) maintenance of markets;
- (f) maintenance of parks and playgrounds;
- (g) Implementation of poverty alleviation programmes;
  - (ii) Monitoring the functioning of schools, maternity centers, dispensaries and health centers wherever they are under control of the Municipal Corporation;
  - (iii) Facilitation in the collection of taxes and non-taxes;
  - (iv) Preparation of list of beneficiaries for beneficiary oriented schemes, pensions and subsidies;
  - (v) prepare an annual ward development plan in a manner consistent with the rules to be prescribed;
  - (vi) map the ward infrastructure index;
  - (vii) Preparation of inventory of municipal assets;
  - (viii) assistance in the implementation of all Government schemes; and
  - (ix) any other function as may be prescribed.
(7) Every Ward Committee shall have the following rights, namely:-
- (i) to seek information from the Commissioner regarding any matter relating to the ward;
- (ii) to obtain information about the master plan and Zonal Developmental Plan of the Municipal Corporation;
- (iii) to obtain full Municipal Corporation budget;
- (iv) to be consulted in the development of land use and zoning regulations within the ward;
- (v) to obtain full details of all revenue items relating to the ward. (8)
- (a) The Corporation shall allocate twenty percent of the amount earmarked in the annual budget of the Municipal Corporation for maintenance of services namely, sanitation, water supply and drainage, roads, street lightings, parks, markets to all ward committees for attending to the functions specified above;
- (b) The utilization of funds by Ward Committees for maintenance of civic services and all matters related thereto shall be such as may be prescribed.
(9) The Ward Committee may, from time to time, appoint from amongst the members such sub-committees consisting of such number of members as it may think fit and may refer to such sub-committees for enquiry or opinion on any matter relating to the functions entrusted to the Ward Committee.

Chapter II Chapter II

8B. Constitution of Area Sabha, representatives of Area Sabha and their qualifications, functions, duties etc

Statutory text

(1) Each ward in a Corporation shall be divided into such number of areas based on the population, so however, that each such area as far as possible shall consist of not less thatn two thousand and not more than five thousand population.
(2) There shall be an Area Sabha for each such area with all the electors in the jurisdiction of the area. There shall be an Area Sabha Representative for each area to be nominated by the Municipal Corporation from the representatives of the civil society as may be prescribed.
(3) The qualifications and disqualifications prescribed for getting elected as member of Municipal Corporation and for holding the office as Member of Municipal Corporation under the relevant provisions of the Act shall apply mutatis mutandis for the representative of the Area Sabha.
(4) The term of the representative of the Area Sabha shall be ordinarily co-terminus with that of the Municipal Corporation concerned.
(5) An Area Sabha may, having regard to its managerial, technical, financial and organizational capacity and the actual conditions obtaining in the ward area, perform and discharge the following functions and duties, namely:-
- (i) to generate proposals and determine the priority of schemes and development programmes to be implemented in the Area Sabha and forward the same to Ward Committee for inclusion in the development plan of the Ward Committee;
- (ii) to identify the most eligible persons for beneficiary oriented schemes on the basis of criteria fixed by the Government and prepare the list of beneficiaries in order of priority and forward the same to Ward Committee for inclusion in the development plan of the Ward Committee;
- (iii) to verify the eligibility of persons getting various kinds of welfare assistance from Government such as pensions and subsidies;
- (iv) to identify the deficiencies in water supply, street lighting and sanitation arrangements in the jurisdiction of the Area Sabha and to suggest the remedial measures to the Ward Committee;
- (v) to suggest the location of street lights, public taps, public wells, public toilets to the Ward Committee;
- (vi) to assist in the activities of public health centres in the area; and
- (vii) to undertake and support tax mapping.
(6) The Area Sabha, subject to the rules as may be prescribed in this regard, shall exercise the following rights, namely:-
- (i) to get information from the officials concerned as to the services they will render and the works proposed to be executed in the area in the succeeding period of three months after the meeting of the Ward Committee;
- (ii) to be informed by the Ward Committee about every decision taken by them concerning the jurisdiction of the Area Sabha;
- (iii) to be informed by the Ward Committee of follow up action taken on the decisions concerning the jurisdiction of the area;
- (iv) to cooperate with the Ward Committee in the provision of sanitation arrangements in the area; and
- (v) to impart awareness on matters of public interest such as cleanliness, preservation of the environment and prevention of pollution.
(7) The manner of the conduct of the business at the meetings of Area Sabha shall be such as may be prescribed.

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9. State Election Commission

Statutory text

The preparation of electoral rolls for, and the conduct of elections to Corporation shall be under the superintendence, direction and control of the State Election Commission.

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10. Powers and functions of the State Election Commissioner

Statutory text

(1) All elections to the Municipal Corporations shall be held under the supervision and control of the State Election Commission and for this purpose it shall have power to give such directions as it may deem necessary to the Commissioner of the concerned Municipal Corporation, District Collector or any officer or servant of the Government and the Municipal Corporation concerned institutions so as to ensure efficient conduct of the elections under this Act.
(2) The preparation of electrol rolls for the conduct of all elections under the Act shall be done under the supervision and control of the State Election Commission.
(3) For the purposes of this section the Government shall provide the State Election Commission with such staff as may be necessary.
(4) On the request of the State Election Commission, the State Government shall place at the disposal of the Commission such staff of the State Government and the Municipal Corporations for the purpose of conduct of elections under this Act.
(5) The State Election Commissioner may, subject to control and revision, delegate his powers to such officers as he may deem necessary.
(6) The State Election Commission shall issue the notification and schedule for general election and elections for casual vacancies in Greater Hyderabad Municipal Corporation in concurrence with the State Government, which while giving concurrence has to consider matters pertaining to Law and Order situation, internal security, availability of police, security personnel, home guards, central armed police forces and the logistics of their deployment, availability of staff for election related duties, availability and procurement of election related material and premises for polling and counting, conduct of elections to other legislative and statutory bodies, natural calamities and seasonal conditions including drinking water situation and agricultural season, major fairs and festivals, education calendar and examination in schools and colleges, onset of any epidemic diseases, operations relating to collection of vital statistics like census or any other enumeration and matters involving public interest and any other administrative exigencies.

¹¹ Omitted

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11. XXX]]

Statutory text

The preparation of electoral rolls for, and the conduct of elections to Corporation shall be under the superintendence, direction and control of the State Election Commission.

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12. Preparation, revision and publication of electoral roll for Corporation

Statutory text

(1) The [XXX] electoral roll for the Corporation shall be prepared [by the person authorised by the State Election Commissioner] in such manner by reference to such qualifying date as may be prescribed and the electoral roll for the Corporation shall come into force immediately [upon its publication] in accordance with the rules made by the Government in this behalf. The [XXX] electoral roll for the Corporation shall consist of such part of the electoral roll for the Assembly constituency published under the Representation of the People Act, 1950 as revised or amended under the said Act, upto the qualifying date, [as relates to the City or any portion therof:] Provided that any amendment, transposition or deletion of any entries in the electoral roll, or any inclusion of names in the electoral roll of the Assembly Constituencies concerned, made by the Electoral Registration Officer under section 22 or section 23, as the case may be, of the Representation of the People Act, 1950, upto the date of election notification, for any election held under this Act, shall be carried out in the electoral roll of the Corporation and any such names included shall be added to the part relating to the concerned ward. EXPLANATION:- Where in the case of any Assembly Constituency there is no distinct part of the electoral roll relating to the [City] all persons whose names are entered in such roll under the registration area comprising the [City] and whose addresses as entered are situated in the [City] shall be entitled to be included in the electoral roll for the Corporation prepared for the purposes of this Act.
(2) The electrol roll for a Corporation,-
- (a) shall be prepared and published in the prescribed manner by reference to the qualifying date,-
  - (i) before each ordinary election; and
  - (ii) before each casual election to fill a casual vacancy in the office of the [Member of the Corporation]; and
- (b) shall be prepared and published in any year,in the prescribed manner, by reference to the qualifying date, if so directed by the State Election Commission: Provided that if the electoral roll is not prepared and published as aforesaid, the validity, or continued operation of the said electoral roll, shall not thereby be affected. [XXX]
(3) [The electoral roll] published under sub-section (1) or the electoral roll republished under sub-section (8) shall be the electoral roll for the Corporation and shall remain in force till a fresh electoral roll for the Corporation is published under this section.
(4) The electoral roll for the Corporataion shall be divided into as many lists as there are divisions.
(5) Every person whose name appears in the list of the electoral roll relating to a division shall, subject to the other provisions of this Act, be entitled to vote at any election which takes place in that division while the electoral roll remains in force and no person whose name does not appear in such list of the electoral roll shall vote at any such election.
(6) No person shall vote at an election under this Act in more than one division or more than once in the same division and if he does so, all his votes shall be invalid.
(7) Where, after the electoral roll for the Corporation or any alteration thereto has been published under this Act, the Corporation is divided into divisions for the first time or any division of the Corporaion is altered or the limits of the Corporation are varied, the electoral authority shall, as soon as may be, after such division or alteration or variation, as the case may be, in order to give effect to the division of the Corporaion into divisions or to the alteration of the division or to the variation of the limits, as the case may be, authorize a rearrangement and republication of the electoral roll for the Corporation or any list of such roll, in such manner as it may direct. Explanation:- In this section, the expression "Assembly Constituency" shall mean a constituency provided by law for the purpose of elections to the Telangana Legislative Assembly.
(9) [XXX]

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12A. Voter Identity Cards

Statutory text

With a view to preventing impersonation of electors, provision may be made by rules made under this Act, for the production before the Presiding Officer or Polling Officer of a Polling Station by every such elector, of his identify card before the delivery of a ballot paper or ballot papers to him, if under the rules made in that behalf under the Registration of Electors Rules, 1960 made under the Representation of the People Act, 1950, electors of the Legislative Assembly Constituency or Constituencies in which the Municipal Corporation is situated, have been supplied with identify cards with or without their respective photographs attached thereto.

¹³ Omitted

¹⁴ Omitted

[XXX]

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15. Breach of official duty in connection with the preparation etc, of electoral rolls

Statutory text

(1) If any officer or other person required by or under this Act to perform any official duty in connection with the preparation, revision or correction of an electoral roll or the inclusion or exclusion of any entry in or from that roll, is without reasonable cause, guilty of any act or omission in breach of such official duty, he shall be punishable with fine which may extend to five hundred rupees.
(2) No suit or other legal proceeding shall lie against any such officer or other person for damages in respect of any such act or omission as aforesaid.
(3) No court shall take cognizance of any offence punishable under sub-section (1) unless there is a complaint made by order of, or under authority from, the electoral authority.

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16. Custody and preservation of list

Statutory text

(1) Three complete copies of the preliminary list for each constituency and all statements submitted to the Commissioner be kept in the office of the Commissioner or at such other place as the [State Election Commissioner] may by order specify for a period of one year unless their retention for a longer period is ordered by the [State Election Commissioner.]
(2) All claims and objections to any preliminary list and, the decisions of the Revising Authority thereon shall be kept in the office of the Commissioner or at such other place as the [State Election Commissioner] may by order specify until the completion of the next annual preparation of the list for such constituency.
(3) Such number of copies of the final list for each constituency as may be specified by the [State Election Commissioner] shall be kept in the office of the Commissioner or at such other place as the [State Election Commissioner] may by order specify until the final publication of the next list for such constituency.
(4) One complete copy of the final list for each constituency shall be kept for permanent deposit in such place as the [State Election Commissioner] may by order specify.
(5) All copies of the final list for each constituency deposited under sub-section (3) or the copy of the final list for each constituency deposited under sub-section (4) shall before deposit be duly authenticated by the Commissioner or any officer authorised by him in this behalf.
(6) Printed copies of the final constituency list as deposited shall be available for sale to the public until the final publication of the next list for the constituency to which it relates and thereafter such list may be disposed of in such manner as the authority with whom they are deposited may direct.
(7) Every person shall have a right to inspect the papers referred to in sub-sections (1),
(2) and (3) and to get attested copies thereof on payment of such fees as may be fixed by the [State Election Commissioner].

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17. Corrupt practices

Statutory text

-1 74[17. The following shall be deemed to be corrupt practices for the purposes of this Act-

(1) Bribery, that is to say,-
- (A) Any gift, offer or promise by a candidate or his agent or by any other person with the consent of a candidate or his election agent of any gratification, to any person whomsoever, with the object directly or indirectly, of inducing,-
- (a) a person to stand or not to stand as or to withdraw or not to withdraw from being a candidate at an election, or
- (b) an elector to vote or refrain from voting at an election, or as a reward to-
  - (i) a person for having so stood or not stood, or for having withdrawn or not having withdrawn his candidature; or
  - (ii) an elector for having voted or refrained from voting.
- (B) The receipt of, or agreement to receive, any gratification, whether as a motive or a reward,-
- (a) by a person for standing or not standing as or for withdrawing or not withdrawing from being a candidate, or
- (b) by any person whomsoever for himself or any other person for voting or refraining from voting or inducing or attempting to induce any elector to vote or refrain from voting, or any candidate to withdraw or not to withdraw his candidature. Explanation:- For the purposes of this clause the term 'gratification' is not restricted to pecuniary gratification or gratification estimable in money and it includes all forms of entertainment and all forms of employment for reward but it does not include the payment of any expenses bonafide incurred at, or for the purpose of, any election and duly entered in the account of election expenses.
(2) Undue influence, that is to say, any direct or indirect interference or attempt to interfere on the part of the candidate or his agent or of any other person with the consent of the candidate or his election agent, with the free exercise of any electoral right: Provided that-
- (a) without prejudice to the generality of the provisions of this clause, any such person as is referred to thereon, who-
  - (i) threatens any candidate or any elector or any person in whom a candidate or an elector is interested, with injury of any kind including social ostracism and excommunication or expulsion from any caste or community; or
  - (ii) induces or attempts to induce a candidate or an elector to believe that he, or any person in whom he is interested will become or will be rendered an object of divine displeasure or spiritual censure, shall be deemed to interfere, with the free exercise of the electoral right of such candidate or elector within the meaning of this clause;
- (b) a declaration of public policy, or a promise of public action, or the mere exercise of a legal right without intent to interfere with an electoral right, shall not be deemed to be interference within the meaning of this clause.
(3) The appeal by a candidate or his agent or by any other person with the consent of a candidate or his election agent to vote or refrain form voting for any person on the ground of his religion, race, caste, community or language or the use of, or appeal to religious symbols, or the use of, or appeal to national symbols such as the national flag or the national emblem, for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate: Provided that no symbol allotted under this Act to a candidate shall be deemed to be a religious symbol or a national symbol for the purposes of this clause.
(4) The promotion of, or attempt to promote feelings of enmity or hatred between different classes of the citizens of India on grounds of religion, race, caste, community, or language by a candidate, or his agent or any other person with the consent of a candidate or his election agent for the furtherance of the prospects of the election of that candidate or of prejudicially affecting the election of any candidate.
(5) The propagation of the practice or the commission of sati or its glorification by a candidate or his agent or any other person with the consent of the candidate or his election agent for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate. Explanation:- For the purpose of this clause, "Sati" and "glorification" in relation of sati shall have the meanings respectively assigned to them in the Commission of Sati (Prevention) Act, 1987.
(6) The publication by a candidate or his agent or by any other person, with the consent of a candidate or his election agent of any statement of fact which is false, and which he either believes to be false, or does not believe to be true in relation to the personal character or conduct of any candidate or in relation to the candidature, or withdrawal of any candidate, being a statement reasonably calculated to prejudice the prospects of that candidate's election.
(7) The hiring or procuring whether, on payment or otherwise of any vehicle or vessel by a candidate or his agent or by any other person with the consent of a candidate or his election agent, or the use of such vehicle or vessel for the free conveyance of any elector other than that the candidate himself the members of his family or his agent to or from any polling station: Provided that the hiring of a vehicle or vessel by an elector or by several electors at their joint costs for the purpose of conveying him or them to and from any such polling station or place fixed for the poll shall not be deemed to be a corrupt practice under this clause if the vehicle or vessel so hired is a vehicle or vessel not propelled by mechanical power: Provided further that the use of any public transport vehicle or vessel by any elector at his own cost for the purpose of going to or coming from any such polling station or place fixed for the poll shall not be deemed to be a corrupt practice under this clause. Explanation:- In this clause the expression "vehicle" means any vehicle used or capable of being used for the purpose of road transport, whether propelled by mechanical power or otherwise and whether used for drawing other vehicles or otherwise.
(8) The incurring or authorizing of expenses in contravention of section 617B.
(9) The obtaining or procuring or abetting or attempting to obtain or procure by a candidate or his agent, or by any other person with the consent of a candidate or his election agent, any assistance (other than the giving of vote) for the furtherance of the prospects of that candidate's election, from any person in the service of the State or Central Government, Local Authority or a Corporation owned or controlled by the State or Central Government: Provided that where any person, in the service of the State or Central Government or a Local Authority or a Corporaion owned or controlled by the State or Central Government in the discharge or purported discharge of his official duty, makes any arrangements or provides any facilities or does any other act or thing, for to or in relation to, any candidate or his agent or any other person acting with the consent of the candidate or his election agent (whether by reason of the office held by the candidate or for any other reason), such arrangements, facilities or act or thing shall not be deemed to be assistance for the furtherance of the prospects of that candidate's election.
(10) Booth capturing by a candidate or his agent or any other person. Explanantion:-
(1) In this section the expression 'agent' includes an election agent, a polling agent, and any person who is held to have acted as an agent in connection with election with the consent of the candidate.
(2) For the purposes of clause (9), a person shall be deemed to assist in the furtherance of the prospects of a candidate's election if he acts as an election agent of that candidate.
(3) For the purposes of clause (9), notwithstanding anything contained in any other law, the publication in the Telangana Gazette of the appointment, resignation, termination of service, dismissal or removal from service of a person in the service of the Government shall be conclusive proof,-
- (i) of such appointment, resignation, termination of service, dismissal or removal from service, as the case may be; and
- (ii) Where the date of taking effect of such appointment, resignation, termination of service, dismissal or removal from service, as the case may be, is stated in such publication, also of the fact that such person was appointed with effect from the said date, or in the case of resignation, termination of service, dismissal or removal from service, such person ceased to be in such service with effect from the said date.] 18. 19.

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20. Disqualification for voting

Statutory text

(1) Any person who has been convicted under section 171-E or 171-F of the Indian Penal Code shall for five years from the date of such conviction be disqualified from voting at any election of the Corporation.
(2) Any person who has been found guilty of any corrupt or illegal practice in elections held under this Act, or any other law for the time being in force, shall be disqualified from voting at any election of the Corporation for a period of six or four years respectively from the date on which the person is found so guilty.
(3) If default is made in making the return of the election expenses of any candidate who has contested the election held under this Act or if such return is found either upon the trial of an election petition or by any court in a judicial proceeding, to be false in any material particular, the candidate shall be disqualified for voting at any election of the Corporation for a period of five years from the date by which the return was required to be lodged.
(4) Any disqualification under sub-sections (1),
(2) and (3) may be removed by Government for reasons to be recorded in writing: Provided that any removal of disqualification under this sub-section shall not qualify a person to vote or to be elected as a councillor in any by-election held during the period for which, but for such disqualification he would have been continued as a Councillor.

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20A. Disqualification on ground of corrupt practice or election offences

Statutory text

75[20A. Any person who is convicted of any offence punishable under Chapter IX A of the Indian Penal Code, 1860, or any person against whom a finding of having indulged in any corrupt practice is recorded in the verdict in an election petition filed under this Act or any person convicted of an offence punishable under sections 599 to 610, section 610 A and section 611 shall be disqualified for contesting in any election held under this Act, for a period of six years from the date of such conviction or verdict, as the case may be.

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20B. Disqualification for failure to lodge account of election expenses

Statutory text

If the State Election Commission is satisfied that a person,-

(a) has failed to lodge an account of election expenses within the time and in the manner required by or under this Act, and
(b) has no good reason or justification for the failure, the State Election Commission shall, after following the procedure prescribed, by order published in the *Telangana Gazette, declare him,-
- (i) to be ineligible for a period of three years from the date of the said order to contest any election held for any office under this Act; and
- (ii) to have ceased to hold office, in case he is elected.]

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21. Qualification for being elected as a Member

Statutory text

(1) Subject to the provisions of this Act a person who is registered in any #[ward] list 76[and who is not less than twenty one years of age] shall be qualified to be elected as a #[member] for any of the #[wards] in the city.
(2) Any person who ceases to be a #[member] shall if qualified, under sub-section (1) and not otherwise disqualified be eligible for re-election as such.

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21A. General disqualification

Statutory text

77[21A. A person shall be dis-qualified for being chosen as, or for being a member of a Corporation if he is otherwise disqualified by or under any law for the time being in force for the purposes of elections to the Legislature of the State concerned:

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21B. Provided that no person shall be disqualified on the ground that he is less than twenty five years of age, if he has attained the age of twenty one years.

Statutory text

Person having more than two children to be disqualified A person having more than two children shall be disqualified for election or for continuing as member:

Provided that the birth within one year from the date of commencement of the Andhra Pradesh Municipal Laws (Second Amendment) Act, 1994 (hereinafter in this section referred to as the date of such commencement) of an additional child 78[or children] shall not be taken into consideration for the purposes of this section:

Provided further that a person having more than two children excluding the child 78[or children] if any born within one year from the date of such commencement shall not be disqualified under this section for so long as the number of children he had on the date of such commencement does not increase:

78[Provided also that where a person is having one child through first delivery and more than one child are born in the subsequent delivery, such person shall not incur disqualification under this section:]

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22. Provided also that the Government may direct that the disqualification in this section shall not apply in respect of a person for reasons to be recorded in writing.

Statutory text

If the State Election Commission is satisfied that a person,- (a) has failed to lodge an account of election expenses within the time and in the manner required by or under this Act, and (b) has no good reason or justification for the failure, the State Election Commission shall, after following the procedure prescribed, by order published in the *Telangana Gazette, declare him,- (i) to be ineligible for a period of three years from the date of the said order to contest any election held for any office under this Act; and (ii) to have ceased to hold office, in case he is elected.]

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23. The text provided abruptly ends at Section 17 ("Corrupt practices").

Statutory text

Disqualification for continuing as member

(1) A #[member] shall cease to be a #[member] if he-
- (a) is or becomes subject to any of the disqualifications specified in section 22; [(aa) is elected to a Ward/Office reserved for Scheduled Castes or Scheduled Tribes or Backward Classes, and subsequently the community certificate on the basis of which he is elected is cancelled under section 5 of the Telangana (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of Issue of Community Certificates Act, 1993;]
- (b) ceases to reside in the City;
- (c) fails to pay arrears of any kind due by him, otherwise than in a fiduciary capacity, to the Corporation, within three months from the date of service of a notice requiring payment thereof issued by the Commissioner, which it shall be his duty to issue and cause to be served at the earliest convenient date;
- (d) absents himself at more than three consecutive meetings of the Corporation unless leave so to absent himself, which shall not exceed six months, had been granted by the Corporation or absents himself for over six consecutive months from meetings of the Corporation: Provided that no meeting from which a #[member] absents himself shall be counted against him under this clause, if due notice of that meeting was not given to him: [ Provided further that nothing in this clause shall apply to an ex-officio #[member].] Explanation.- A special meeting held under clause (d) of section 88 and a meeting called upon written requisition under clause (h) of section 88 shall not be deemed to be a meeting within the meaning of this clause.
(2) When a #[member] ceases to be a #[member] under clause (d) of sub-section (1), the Commissioner shall at once intimate the fact in writing to such #[member] and report the same to the Corporation at its next meeting. If such #[member] applies for restoration of office to the Corporation on or before the date of its next meeting or within fifteen days of the receipt by him of such intimation, whichever is later, the Corporation may at the meeting next after the receipt of such application or suo motu at the said meeting restore him to his office as #[member]: Provided that a #[member] shall not be so restored more than twice during his term of office. 23A. Omitted [XXX] 23B. Omitted [XXX] 23C. Omitted [XXX]

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23D. Authority to decide questions of disqualifications of Members and Mayor

Statutory text

(1) Where an allegation is made by any voter or authority to the Commissioner in writing that any person who is elected as a #[member] has not qualified or has become disqualified under [section 21, section 21-A, section 21-B, section 22 or section 23] and the Commissioner has given intimation of such allegation to the #[member] and such #[member] disputes the correctness of the allegation so made or where any #[member] himself entertains any doubt whether or not he has become disqualified under any of those sections,-
- (a) such #[member] or any other #[member] may, within a period of two months from the date on which such intimation is given or doubt is entertained, as the case may be, and
- (b) the Commissioner shall, either on the direction of the #[member] with the approval of the Government if no such direction is given within a period of two months from the date of placing of the matter by the Commissioner before the council, apply for a decision to the Chief Judge, City Civil Court, Hyderabad. [(2) [XXX]]
(3) The said judge, after making such inquiry as he deems necessary, shall determine whether or not such person is disqualified and his decision shall be final.
(4) Pending such decision, the #[member] shall be entitled to act as if he was not disqualified.]

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24. Notification to call upon wards

Statutory text

For the purpose of holding elections under this Act the [State Election Commissioner] shall by one or more notifications published in the Telangana Gazette, [XXX] call upon all the #[wards] to elect #[members] in accordance with the provisions of this Act and of rules and orders made thereunder, before such date or dates as may be specified in the said notification or notifications: Provided that for the purpose of holding election under sub-section (1) of section 7 no such notification shall be issued at any time earlier than four months prior to the day for retirement of the #[Members].

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25. Returning Officer for each ward

Statutory text

For each #[ward] there shall be a Returning Officer who shall be such officer as

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25A. Returning Officer for the Corporation

Statutory text

A. Returning Officer for the Corporation.

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26. Such officer as the Commissioner may, with the approval of the State Election Commissioner designate, shall be the

Statutory text

(1) Where an allegation is made by any voter or authority to the Commissioner in writing that any person who is elected as a #[member] has not qualified or has become disqualified under [section 21, section 21-A, section 21-B, section 22 or section 23] and the Commissioner has given intimation of such allegation to the #[member] and such #[member] disputes the correctness of the allegation so made or where any #[member] himself entertains any doubt whether or not he has become disqualified under any of those sections,- (a) such #[member] or any other #[member] may, within a period of two months from the date on which such intimation is given or doubt is entertained, as the case may be, and (b) the Commissioner shall, either on the direction of the #[member] with the approval of the Government if no such direction is given within a period of two months from the date of placing of the matter by the Commissioner before the council, apply for a decision to the Chief Judge, City Civil Court, Hyderabad. [(2) [XXX]] (3) The said judge, after making such inquiry as he deems necessary, shall determine whether or not such person is disqualified and his decision shall be final. (4) Pending such decision, the #[member] shall be entitled to act as if he was not disqualified.]

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Statutory text

Electoral officers and staff etc., deemed to be on deputation [32A.

(1) Any officer or staff employed in connection with the preparation, revision and correction of the electoral rolls for, and the conduct of all elections shall be deemed to be on deputation to the State Election Commission for the period during which they are so employed and such officers and staff shall during that period, be subject to the control, superintendence and discipline of the State Election Commission.
(2) The District Election Authority, Returning Officer, Assistant Returning Officer, Presiding Officer, Polling Officer and any other officer appointed under this Act, and any Police officer designated for the time being by the State Government for the conduct of any elections shall be deemed to be on deputation to the State Election Commission for the period commencing on and from the date of notification calling for such elections and ending with the date of declaration of the results of such elections and such officer shall, during that period, be subject to the control, superintendence and discipline of the State Election Commission.]

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33. Appointment of dates of nominations, etc

Statutory text

As soon as the notification calling upon a #[ward] to elect a #[member] or #[members] is issued under this Act, the [State Election Commissioner] shall, by notification in the *Telangana Gazette, appoint- [(a) the last date for making nominations, which shall be a period of not more than three days immediately following the date of publication of the notification under this section whether or not the said days are public holidays;

(b) the date for the scrutiny of nominations shall be the day immediately following the last date for making nominations whether or not it is a public holiday;
(c) the date for the withdrawal of candidatures shall be the day immediately following the day of the scrutiny of nominations whether or not it is a public holiday; and
(d) the date or dates on which a poll shall, if necessary, be taken which or the first of which shall be a date not earlier than the ninth day from the last date for the withdrawal of candidatures.]

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34. Symbols for direct elections

Statutory text

[34. The State Election Commission shall as soon as may be after the issue of an election notification for any direct election by the voters in the Corporation, specify by notification published in the *Telangana Gazette, the symbols, (including the symbols reserved for recognized political parties and the symbols, if any, reserved for registered political parties for exclusive allotment to contesting candidates set up by such parties), that may be chosen by the candidates contesting at an election to such office and the restrictions to which their choice shall be subject.]

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35. Public notice of election

Statutory text

On the issue of a notification under section 33 the Returning Officer for the #[ward] shall give public notice of the intended election in Form 7 of Schedule A inviting nominations of candidates for such elections and specifying the place at which the nomination papers are to be delivered. The aforesaid notice shall subject to any general or special directions issued in that behalf by [State Election Commissioner] be published in such manner, in such language or languages and in such places as the Returning Officer thinks fit.

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36. Presentation of nomination paper and requirements for a valid nomination

Statutory text

(1) On or before the date appointed under clause (a) of section 33 each candidate shall, either in person or by his proposer between the hours of eleven o‘clock in the forenoon and three o‘clock in the afternoon deliver to the Returning Officer at the place specified in this behalf in the notice issued under section 34 a nomination paper in Form 8 of Schedule A and subscribed by the candidate himself as assenting to the nomination and by the person referred to in sub-section (2) as proposer.
(2) Any person whose name is registered in the #[ward] list and who is not subject to any disqualification mentioned in section 10 may subscribe as proposer as many nomination papers as there are vacancies to be filled but no more: Provided that if the name of a person is entered more than once in a #[ward] list or is included in two or more #[ward] lists of the same class, such person shall not be entitled to subscribe as proposer more than one nomination paper for each vacancy to be filled in that #[ward] or in not more than one of such #[wards] of the same class.
(3) Every nomination paper delivered under sub-section (1) shall be accompanied by such declarations as may be prescribed and no candidate shall be deemed to be duly nominated unless all such declarations are delivered along with the nomination paper: [ Provided that in a division where any seat is reserved for Scheduled Castes, Scheduled Tribes or as the case may be, backward class, a candidate shall not be deemed to be qualified to be chosen to that seat, unless his nomination paper contains a declaration by him specifying the particular caste or as the case may be the tribe or tribal community of which he is a member and the area in relation to which that caste is a Scheduled Caste or is a backward class or the tribe or tribal community is a Scheduled Tribe.]
(4) Every nomination paper delivered under sub-section (1) shall be also accompanied by a declaration in writing specifying the particular symbol which the candidate has chosen for his first preference out of the list of symbols for the time being in force and also specifying two other symbols out of that list which he has chosen for his second and third preference respectively: Provided that the choice to be made by a candidate under this section shall be subject to such restrictions as the [State Election Commissioner] may think fit to impose in this behalf.
(5) Any nomination paper which is not received before three o‘clock in the afternoon on the last date appointed under clause (a) of section 33 shall be rejected.
(6) On the presentation of a nomination paper, the Returning Officer shall satisfy himself that the names and serial numbers of the candidate and his proposer as entered in the nomination paper are the same as those entered in the #[ward] list of the #[wards]: Provided that the Returning Officer may-
- (a) permit any clerical error in the nomination paper in regard to the said names or numbers to be corrected in order to bring them into conformity with the corresponding entries in the #[ward] list; and
- (b) where necessary, direct that any clerical or printing error in the said entries shall be overlooked.
(7) If at the time of the presentation of the nomination paper the Returning Officer finds that the name of the candidate is not registered in the list of the #[ward] for which he is the Returning Officer, he shall for the puposes of sub-section (5) require the person presenting the nomination to produce either a copy of the #[ward] list of the #[ward] or #[wards] for which he is the Returning Officer, or he shall for the purposes of sub-section (6) require the person presenting the nomination paper to produce either a copy of the #[Ward] List in which the name of the candidate is included or a certified copy of the relevant entries in such list.
(8) Nothing in this section shall prevent any candidate from being nominated by more than one nomination paper for election in the same #[ward]. [(9) A candidate may file nominations for more than one ward in the Municipal Corporation, but he/she shall withdraw his/her nominations to all wards except one ward of his/her choice, before the date and time fixed for withdrawal of candidature, failing which, all his/her nominations shall become invalid and shall not be allowed to contest from any ward.]

Chapter II Chapter II

37. Deposits

Statutory text

Statutory text

70D. Eviction from requisitioned premises D.

(1) Any person remaining in possession of any requisitioned premises in contravention of any order made under section 70-A may be summarily evicted from the premises by any officer empowered by the Government in this behalf.
(2) Any officer so empowered may, after giving to any woman not appearing in public, reasonable warning and facility to withdraw, remove or open any lock or bolt or break open any door of any building or do any other act necessary of effecting such eviction. 70E. Penalty for contravention of any order regarding requisitioning E. If any person contravenes any order made under section 70-A or section 70-C, he shall be punishable with imprisonment for a term which may extend to one year or with fine or with both. 70F. Delegation of powers of the Government F. The Government may, by notification in the *Telangana Gazette, and subject to such restrictions and conditions as may be specified therein, delegate to any officer or any authority all or any of the powers vested in them by sections 70-A to 70-D (both inclusive), and may, in like manner, withdraw any powers so delegated.] 70FF. Delegation of powers of the Commission 131[70-FF. The State Election Commissioner may by order in writing, delegate to any officer or authority in the State Government, either generally or as respects any particular matter or class of matters any powers of the Commission under this Act.] 70G. Appointment of Special Officer 132[70-G.
(1) Notwithstanding anything contained in this Act, wherein the opinion of the Government it is not possible to hold the elections to the Corporation in accordance with the provisions of this Act, before the date of expiration of the term, and to bring the newly elected #[members] into office on the date of expiration of the term as aforesaid, 133[XXX] the Government may, by notification appoint a Special Officer to exercise the powers, perform the duties and discharge the functions of,-
- (a) the Corporation,
- (b) the Standing Committee, and
- (c) the Commissioner, under the Act, for a period 134[which shall not exceed three and half years] from the date of such appointment: Provided that the State Government may, from time to time, by notification in the *Telangana Gazette and for reasons specified therein extend the said period of appointment of Special Officer 135[beyond three and half years], for a further period or periods so however that the period of appointment of the Special Officer shall not, 136[in the aggregate exceed eleven years].
(2) The State Government shall cause elections to be held to the Corporation under the principal Act, so that the newly elected #[members] may come into office on such date as may be specified by the State Government in this behalf by a notification, in the *Telangana Gazette: Provided that the State Government may, from time to time, advance or postpone the date specified under this sub-section and fix instead another date: Provided further that the date fixed under this sub-section shall be the date on which the appointment of the Special Officer expires.
(3) The Special Officer shall exercise the powers, perform the duties and discharge the functions of the Corporation until the elected #[members] come into office, of the Standing Committee until a Standing Committee is appointed by the Corporation, and of the Commissioner until a Commissioner is appointed by the State Government, as the case may be, and any such officer may, if the State Government so direct, receive remuneration for his service from the Municipal Fund.] 71. Election petition
(1) 137[XXX] No election held under this Act shall be called in question except by an election petition which shall be presented in such manner as may be prescribed.
(2) An Election petition calling in question any election may be presented on one or more of the grounds specified in clauses (i) and (ii) of section 79 and section 80 to the Election Tribunal by any candidate at such election or any voter, within two months from, but not earlier than the date of election of the returned candidate or if there are more than one returned candidate at the election and the dates of the election are different is the later of those two dates: 138[ Provided that the period from the date on which an election petition can be filed under this sub-section to the date of the constitution of an Election Tribuanl under section 75, shall be excluded for purpose of computing the period of two months under this sub-section.] 72. Parties to the petition A petitioner shall join as respondents to his petition,—
- (a) where the petitioner claims a declaration under clause (b) of section 74, all the contesting candidates other than the petitioner and in any other case all the returned candidates; and
- (b) any other candidates against whom allegations of any corrupt or illegal practice are made in the petition. 73. Contents of Petition
(1) An election petition-
- (a) shall contain a concise statement of the material facts on which the petitioner relies;
- (b) shall set forth full particulars of any corrupt or illegal practice that the petitioner alleges, including as full a statement as possible of the names of the parties alleged to have committed such corrupt or illegal practice and the date and place of the commission of each such practice; and
- (c) shall be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedure, 1908 for the verification of pleadings.
(2) Any schedule or annexure to the petition shall also be signed by the petitioner and verified in the same manner as the petition. 74. Relief that may be claimed by the Petitioner A petitioner may claim any one of the following declarations:—
- (a) that the election of the returned candidate is void;
- (b) that the election of the returned candidate is void and that he himself or any other candidate has been duly elected;
- (c) that the election as a whole is viod. 75. Election Tribunal 139[75.
(1) The Government may for the purpose of providing speedy disposal of election petitions in respect of an election under this Act, appoint any person who is or has been or is eligible to be appointed as a Judge of the High Court as an Election Tribunal (hereinafter referred to as the ―Tribunal‖) for such period as may be necessary, for trial of petitions in respect of an election under this Act: Provided that if there are only a limited number of such cases, the Government may, with the concurrence of the Chief Justice of the High Court, by notification specify a Court of District Judge to be an Election Tribunal to try the election petitions under this Act.
(2) The Tribunal shall deal with such petitions and proceedings in connection therewith in the manner prescribed.] 76. Powers of the Tribunal 77. Decision of the Tribunal 78. Other orders to be made by the Tribunal 79. Grounds for declaring election to be void 80. Grounds for which a candidate other than the returned candidate may be declared to have been elected 81. Procedure in case of an equality of votes 82. Communication of orders of the Tribunal and the transmission of the records of the case to the Commissioner 83. Appeal against order of the Tribunal 84. Orders of the Tribunal to be final and conclusive 85. Orders when to take effect 86. Reference to the Election Tribunal 87. Procedure when no member is elected 88. Provisions regulating the Corporation’s proceedings -1 89. Power to order withdrawal of Member 90. Election of Mayor and Deputy Mayor 90A. Resolution of disputes relating to cessation for disobedience of party whip 91. Deputy when to act as Mayor 91A. Motion of no confidence in Mayor/ Deputy Mayor 92. Resignations 93. Constitution of the Standing Committee 94. 95. 96. 97. Provisions regulating the proceedings of the Standing Committee 98. Special Committees of the Corporation 99. Appointment of Ad-hoc Committee [Error:

Chapter VII REVENUE AND EXPENDITURE.

189. The provided document extract ends at Section 157.

Statutory text

Corporation may increase amount of budget grants and make additional grants Corporation may increase amount of budget grants and make additional grants. - On the recommendation of the Standing Committee the Corporation may from time to time during a financial year—

(a) increase the amount of any budget grant under any head;
(b) make an additional budget grant for the purpose of meeting any special or unforeseen requirement arising during the said year;
(c) transfer the amount or portion of the amount of the budget grant under any head to the account of budget grant under any other head: Provided that—
- (i) due regard shall be had to all the requirements of this Act;
- (ii) in making any increase or any additional budget grant the estimated cash balance at the close of the year shall not be reduced below the sum of rupees one lakh and a half.

Chapter VIII Chapter VIII

Statutory text

(1) No octroi shall be leviable on any article which, at the time of its importation, is certified by an officer empowered by the Government in this behalf to be the property of the State, to be used or intended to be used solely for public purposes and not to be used or intended to be used for purposes of profit.
(2) If any article on which octroi is payable is imported under a written declaration signed by the importer that such article is being imported for the purpose of fulfilling a specified contract with the Government or otherwise for the use of the Government the amount if any of the octroi paid thereon shall be refunded in full on production, at any time within six months after importation, of a certificate signed by an officer empowered by the Government in this behalf stating that the article so imported has become the property of the State, is used or intended to be used solely for a public purpose and is not used or intended to be used for purposes of profit.

Chapter VIII Chapter VIII

255. Exemption of articles imported for immediate exportations

Statutory text

Any article imported into the city for the purpose of immediate exportation may at the option of the importer be exempted from the levy of octroi if such article is conveyed direct from the place of import, to the place of export by such routes, within such time, under such supervision and on payment of such fees therefor as shall be determined by the Standing Committee.

Chapter VIII Chapter VIII

256. Refund of octroi on export

Statutory text

(1) When any article upon which octroi has been paid shall be exported from the city, the full amount of the octroi so paid shall, subject to the provisions hereinafter contained, be refunded.
(2) Such refunds shall be paid under such bye-laws as shall from time to time be framed in this behalf.

²⁵⁷ Omitted

Chapter VIII Chapter VIII

258. Entertainment tax

Statutory text

The entertainment tax shall be levied on all payments for admission to a theatre, cinema, carnival or to any other place of entertainment, at rates the maxima and minima whereof are specified in Schedule J.

Chapter VIII Chapter VIII

259. Exemption from entertainment tax

Statutory text

The entertainment tax shall not be leviable in respect of any entertainment, performance or show-

(a) for admission to which no charge or only a nominal charge, as may be prescribed, is made;
(b) which is not open to the general public on payment;
(c) the proceeds of which

Chapter VIII Chapter VIII

261. Tax on transfer of property

Statutory text

²⁶² Omitted

Chapter VIII Chapter VIII

267. When one bill may be served for several claims

Statutory text

²⁶⁸ Omitted

Chapter VIII Chapter VIII

Statutory text

(1) If the warrant is not in the meantime suspended by the Commissioner or discharged, the goods and chattels or vehicles or animals seized shall, after the expiry of the period named in the notice served under the last preceding section, be sold by order of the Commissioner, who shall apply the proceeds or such part thereof as shall be requisite in discharge of the sum due and of the costs of recovery.
(2) The surplus, if any, shall be forthwith credited to the municipal fund, but if the same be claimed by written application to the Commissioner within one year from the date of the sale, a refund thereof shall be made to the person in possession of the goods and chattels or vehicles or animals at the time of the seizure.

Chapter VIII Chapter VIII

273. Any surplus not claimed within one year as aforesaid shall be the property of the Corporation.

Statutory text

Fees for distraints For every distraint made under this Act a fee shall be charged at the rate set forth in Schedule N, and the said fee shall be included in the costs of recovery.

Chapter VIII Chapter VIII

274. Fees for cost of recovery may be remitted

Statutory text

The Commissioner may, in his discretion, remit the whole or any part of any fee chargeble under the last preceding section or under sub-section (2) of section 268.

Chapter VIII Chapter VIII

275. Seizure of vehicles and animals if tax on vehicles and animals not paid and number plate not obtained

Statutory text

(1) If the tax on any vehicle or animal governed by the provisions of section 265, is not paid and a number-plate is not obtained and affixed to the vehicle within thirty days from the date on which the tax became due, the Commissioner may at any time thereafter seize and detain the vehicle and the animal, if any, used or employed in drawing the vehicle and, if the owner or other person entitled thereto does not within seven days from the date of such seizure and detention claim the same and pay the tax due together with the charges incurred in connection with the seizure and detention, the Commissioner may cause the same to be sold and apply the proceeds of the sale or such part thereof as shall be requisite in discharge of sum due and the charges incurred as aforesaid: Provided that if any person becomes the owner or obtains possession or control of any vehicle or animal on which the tax is due after the expiry of the said period of thirty days and the tax thereon has remained unpaid, he shall pay the same in the manner prescribed immediately after he becomes the owner or obtains possession or control of such vehicle or animal and on failure to do so the vehicle or animal shall, if it is not already seized and detained be liable to be seized and detained and sold as aforesaid: Provided further that no vehicle or animal used therefor shall be seized and detained under this section when actually employed in the conveyance of goods.
(2) The surplus, if any, remaining after the application of the proceeds of a sale under sub-section (1) in the manner provided therein shall be disposed of in the manner provided in sub-section (2) of section 272.

Chapter VIII Chapter VIII

276. When occupiers may be held liable for payment of property tax

Statutory text

(1) If the sum due on account of any property tax remains unpaid after a bill for the same has been duly served on the person primarily liable for the payment thereof and the said person be not the occupier for the time being of the premises in respect of which the tax is due, the Commissioner may serve a bill for the amount on the occupier of the said premises, or, if there are two or more occupiers thereof, may serve a bill on each of them for such portion of the sum due as bears to the whole amount due the same ratio which the rent paid by such occupier bears to the aggregate amount of rent paid by them both or all in respect of the said premises.
(2) If the occupier or any of the occupiers fails within thirty days from the service of any such bill to pay the amount therein claimed, the said amount may be recovered from him in accordance with the foregoing provisions.
(3) No arrear of a property-tax shall be recovered from any occupier under this section, which has remained due for more than one year, or which is due on account of any period for which the occupier was not in occupation of the premises on which the tax is assessed.
(4) If any sum is paid by, or recovered from an occupier under this section, he shall be entitled to credit therefor in account with the person primarily liable for the payment of the same.

Chapter VIII Chapter VIII

277. Summary proceedings may be taken against persons about to leave the city

Statutory text

(1) If the Commissioner shall at any time have reason to belive that any person from whom any sum is due on account of any property-tax or tax on vehicles and animals, [XXX] is about forthwith to remove from the city, the Commissioner may direct the immediate payment by such person of the sum so due by him and cause a bill for the same to be served on him.
(2) If, on service of such bill, the said person does not forthwith pay the sum due by him, the amount shall be leviable by distress and sale in the manner hereinbefore provided, except that it shall not be necessary to serve upon the defaulter any notice of demand, and the Commissioner's warrant for distress and sale may be issued and executed without any delay.

Chapter VIII Chapter VIII

278. Defaulters may be sued for arrears if necessary

Statutory text

Instead of proceeding against a defaulter by distress and sale as hereinbefore provided, or after a defaulter shall have been so proceeded against unsuccessfully or with only partial success any sum due or the balance of any sum due, as the case may be, by such defaulter, on account of a property-tax or of tax on vehicles and animals [XXX] may be recovered from him by a suit in any court of competent jurisdiction.

Chapter VIII Chapter VIII

278A. Limitation for recovery of dues

Statutory text

(1) No distraint shall be made, no prosecution shall be commenced and no suit shall be instituted in respect of any sum due to the Corporation on account of a property tax or tax on vehicles and animals or any other sum due under this Act after the expiration of the period of three years from the date on which distrant might have been made or after the expiration of a period of six years from the date on which prosecution might first have been commenced or after the expiration of nine years from the date on which a suit might have been first instituted, as the case may be, in respect of such sum.
(2) It shall be the duty and responsibility of the Commissioner to place before the Standing Committee, a list of arrears due to the Corporation under this Act which, if no action is taken within the period specified in sub-section (1), are likely to be time-barred, at least one year before the expiry of the said period stating the reasons for the delay in the recovery of such amount and requesting for the instructions or directions of the Standing Committee in regard to the recovery of such arrears:

Chapter VIII Chapter VIII

279. Provided that the Standing Committee shall not take any action to cause financial loss to the Corporation in this matter.

Statutory text

Collection of Octroi how to be effected

(1) Octroi -
- (a) may be collected under the orders of the Commissioner, by municipal officers and servants appointed in this behalf; or
- (b) if the Commissioner thinks fit, may, with the approval of the Standing Committee, be formed by him for any period not exceeding one year at a time or be collected by or under the orders of any person whom the Commissioner, with the approval of the Standing Committee, appoints to be his agent for this purpose.
(2) Octroi shall be collected, and refunds of Octroi shall be made, at such places and be managed and controlled in such manner as the Commissioner with the approval of the Standing Committee shall from time to time direct.

Chapter VIII Chapter VIII

280. Powers of persons authorised to collect and refund Octroi

Statutory text

Every person authorised under section 279 to collect or to refund Octroi shall have in respect of its collection or refund such powers and privileges and be subject to such liabilities in respect of anything done by him or for the purpose of collecting or refunding Octroi as may from time to time, be prescribed and in respect of the confiscation of goods in connection therewith such powers as are conferred by the foregoing provisions of this Act in respect of distress of movable property or vehicles, boats and animals.

Chapter VIII Chapter VIII

281. Writing off of irrecoverable taxes

Statutory text

The Commissioner may, with the approval of the Standing Committee from time to time, write off any sum due on account of any tax or of the costs of recovery of any tax which shall in his opinion be irrecoverable.

Chapter VIII Chapter VIII

281A. Liability for loss, waste, misapplication

Statutory text

(1) An officer of the Local Government Service, the bill collector or other employee of the Corporation, entrusted with the collection of sums due to the Corporation under this Act, shall be liable for the loss, waste or misapplication of any money or other property owned by or vested in the Corporation, if such loss, waste or misapplication is a direct consequence of his neglect or misconduct and a suit for compensation may be instituted against him by the Standing Committee with the previous sanction of the Government or by the Government.
(2) No such suit shall be instituted after three years after the accrual of the cause of action.

Chapter VIII Chapter VIII

282. Appeals when and to whom to lie

Statutory text

(1) Subject to the provisions hereinafter contained, appeals against any rateable value or tax fixed or charged under this Act shall be heard and determined by the Judge.
(2) But no such appeal shall be heard by the said Judge, unless -
- (a) it is brought within fifteen days after the accrual of the cause of complaint;
- (b) a complaint has previously been made to the Commissioner under section 221 and such complaint has been disposed of;
- (c) a complaint has been made, by the person aggrieved within fifteen days after the first received notice of any amendment made in the assessment book under section 225 and his complaint has been disposed of;
- (d) in the case of an appeal against a tax, the amount claimed from the appellant has been deposited by him with the Commissioner. 282A. Omitted [XXX]

Chapter VIII Chapter VIII

283. Cause of complaint when to be deemed to have secured

Statutory text

For the purposes of the last preceding section, cause of complaint shall be deemed to have occurred as follows, namely:—

(a) in the case of an appeal against a rateable value, on the day when the complaint made to the Commissioner under section 221 against such value is disposed of;
(b) in the case of an appeal against any amendment made in the assessment book, under section 255 during the financial year on the day when the complaint made to the Commissioner by the person aggrieved against such amendment is disposed of;
(c) in the case of an appeal against a tax, on the day when payment thereof is demanded or when a bill therefor is served.

Chapter VIII Chapter VIII

284. Arbitration

Statutory text

Where in any appeal under section 282 the parties agree that any matter in difference between them shall be referred to arbitration, they may, at any time before a decision is given in such appeal, apply in writing to the Judge for an order of reference on such matter and on such application being made, the provisions of the Arbitration Act, 1940 relating to arbitration in suits shall, so far as they can be made applicable, apply to such application and the proceedings to follow thereon, as if the Judge were a Court within the meaning of that Act and the application were an application made in a suit.

Chapter VIII Chapter VIII

285. Appointment of valuer

Statutory text

(1) If any party to an appeal against a rateable value under section 282 makes an application to the Judge either before the hearing of the appeal, but before evidence as to value has been adduced, to direct a valuation of any premises in relation to which the appeal is made, the Judge may, in his discretion, appoint a competent person to make the valuation and any person so appointed shall have power to enter on, survey and value the premises in respect of which the direction is given: Provided that, except when the application is made by the Commissioner, no such direction shall be made by the Judge unless the applicant gives such security as the Judge thinks proper for the payment of the costs of valuation under this sub-section.
(2) The costs incurred for valuation under sub-section (1) shall be costs in the appeal, but shall be payable in the first instance by the applicant.
(3) The Judge may, and on the application of any party to the appeal, shall call as a witness the person appointed under sub-section (1) for making the valuation and, when he is so called, any party to appeal shall be entitled to cross examine him.

Chapter VIII Chapter VIII

286. Reference of question to High Court

Statutory text

(1) If, before or on the hearing of an appeal under section 282, any question of law or usage having the force of law, or the construction of a document arises on which the Judge entertains reasonable doubt, the Judge may either of his own motion or on the application of the party to the appeal, draw up a statement of the facts of the case and the point on which doubt is so entertained and refer such statement with his own opinion on the point for the decision of the High Court.
(2) Where a reference is made to the High Court under sub-section (1), the provisions of Rules 2 to 5, both inclusive of Order XLVI in the First Schedule to the Code of Civil Procedure, 1908, shall so far as they can be made applicable, apply.

Chapter VIII Chapter VIII

287. Appeals

Statutory text

An appeal shall lie to the High Court from any decision of the Judge in an appeal under section 282 -

(a) by which a rateable value in excess of rupees two thousand is fixed, and
(b) upon a question of law or usage having the force of law or the construction of a document.

Chapter VIII Chapter VIII

288. Costs of proceedings in appeal

Statutory text

The costs of all proceedings in appeal under section 282 before the Judge including those of arbitration under section 284 and of valuation under section 285 shall be payable by such parties in such proportion as the Judge shall direct and the amount thereof shall, if necessary, be recoverable as if the same were due under a decree of the court.

Chapter VIII Chapter VIII

289. Unappealed values and taxes and decisions on appeal to be final

Statutory text

(1) Every rateable value fixed under this Act against which no complaint is made as hereinbefore provided, and the amount of every sum claimed from any person under this Act on account of any tax, if no appeal therefrom is made as hereinbefore provided, and the decision of the Judge aforesaid upon any appeal against any such value or tax, if no appeal is made therefrom and the decision of the High Court upon appeal under section 287, shall be final.
(2) Effect shall be given by the Commissioner to every such decision.

Chapter IX DRAINS AND DRAINAGE WORKS.

290. Municipal drains to be under the control of Commissioner

Statutory text

All municipal drains shall be under the control of the Commissioner.

Chapter IX DRAINS AND DRAINAGE WORKS.

291. Vesting of water-course

Statutory text

Any natural water-course heretofore belonging to Government by which rain water or drainage of any kind is carried, may on application to the Government by the Commissioner with the previous approval of the Standing Committee be vested in the Corporation: Provided that -

(a) it shall be in the discretion of the Government in each case to determine whether a particular water-course so applied for shall be so vested, and
(b) the Government declaring that a water-course so applied for may be made over to the Corporation shall, from the date thereof to be specified in this behalf operate to vest such water-course in the Corporation.

Chapter IX DRAINS AND DRAINAGE WORKS.

292. Drains to be constructed and kept in repair by the Commissioner

Statutory text

(1) The Commissioner shall maintain and keep in repair all municipal drains and, when authorised by the Corporation in this behalf, shall construct such new drains as shall from time to time be necessary for effectually draining the City.
(2) The Commissioner shall also, in the case of any street in which there is a municipal drain, construct at the charge of the municipal fund such portion of the drain of any premises to be connected with such municipal drain as it shall be necessary to lay under any part of such street and the portion of any connecting drain so laid shall vest in the Corporation and be maintained and kept in repair by the Commissioner as a municipal drain.

Chapter IX DRAINS AND DRAINAGE WORKS.

293. Powers for making drain

Statutory text

(1) The Commissioner may carry any municipal drain through, across or under any street, or any place laid out as or intended for a street, or under any cellar or vault which may be under any street, and, after giving reasonable notice in writing to the owner or occupier, into, through or under any land whatsoever within the city or, for the purpose of outfall or distribution of sewage, without the city.
(2) The Commissioner may enter upon, and construct any new drain in the place of an existing drain in any land wherein any municipal drain has been already lawfully constructed or repair or alter any municipal drain so constructed.
(3) In the exercise of any power under this section, as little damage as can be, shall be done, and compensation shall be paid by the Commissioner to any person who sustains damage by the exercise of such power.

Chapter IX DRAINS AND DRAINAGE WORKS.

294. Alteration and discontinuance of drains

Statutory text

(1) The Commissioner may enlarge, arch over or otherwise improve any municipal drain, and may discontinue, close up or destroy any such drain which has, in his opinion, become useless or unnecessary.
(2) The discontinuance, closing up or destruction of any drain shall be so done as to create the least practicable nuisance or inconvenience to any person and if by reason of anything done under this section any person is deprived of the lawful use of any drain, the Commissioner shall, as soon as may be, provide for his use some other drain which would be as effectual as the one discontinued, closed up or destroyed.

Chapter IX DRAINS AND DRAINAGE WORKS.

295. Cleansing drains

Statutory text

(1) The municipal drains shall be so constructed, maintained and kept as to create the least practicable nuisance and shall be from time to time properly flushed, cleansed and emptied.
(2) For the purpose of flushing, cleansing and emptying the said drains, the Commissioner may, with the sanction of the Corporation, construct or set up such reservoirs, sluices, engines and other works, as he shall from time to time deem necessary.

Chapter IX DRAINS AND DRAINAGE WORKS.

296. Powers to connect drains of private streets with municipal drains

Statutory text

The owner of a private street shall be entitled to connect the drain of such street with a municipal drain, subject to the following conditions, namely:-

(a) before commencing to construct such drain, the owner of the street shall submit to the Commissioner a plan of the street bearing the signature of a licensed surveyor in token of its having been made by him or under his supervision, and drawn, to such a convenient scale as the Commissioner shall require, and there shall be shown on such plan the position, course and dimensions of the proposed drain, with a section or sections thereof, and such other particulars in relation thereto as the Commissioner shall deem necessary and require, and no such drain shall, without the approval in writing or contrary to the directions of the Commissioner be proceeded with;
(b) the drain of such private street shall, at the expense of the owner of the street, be constructed of such size, material and description, and be branched into the municipal drain in such manner and form of communication, in all respects, as the Commissioner with the approval of the Standing Committee, shall direct;
(c) the Commissioner may, if he thinks fit, construct such part of such drain and such part of the work necessary for branching the same into the municipal drain as shall be in or under any public street or place vesting in the Corporation and, in such case, the expenses incurred by the Commissioner shall be paid by the owner of the private street.

Chapter IX DRAINS AND DRAINAGE WORKS.

297. Power of owners and occupiers of premises to drain municipal drains

Statutory text

The owner or occupier of any premises shall be entitled to cause his drain to empty into a municipal drain or other place legally set apart for the discharge of drainage provided that he first obtains the written permission of the Commissioner and that he complies with such conditions as the Commissioner may impose as to the mode in which and the superintendence under which connections with municipal drains or other places aforesaid are to be made.

Chapter IX DRAINS AND DRAINAGE WORKS.

298. Connections with municipal drains not to be made except in conformity with section 296 or 297

Statutory text

No person shall, without complying with the provisions of section 296 or 297 as the case may be, make or cause to be made any connection of a drain belonging to himself or to some other person with any municipal drain or other place legally set apart for the discharge of drainage, and the Commissioner may, with the approval of the Standing Committee, close, demolish, alter or remake any such connection made in contravention of this section, and the expenses incurred by the Commissioner in so doing shall be paid by the owner of the street, or the owner or occupier of the premises, for the benefit of which the connection was made, or by the person offending.

Chapter IX DRAINS AND DRAINAGE WORKS.

299. Buildings etc., not to be erected without permission over any drains

Statutory text

(1) Without the written permission of the Commissioner no building, wall or other structure shall be newly erected or re-erected and no street or railway shall be constructed over any drain.
(2) If any building, wall or other structure be so erected or re-erected, or any street or railway be so constructed, the Commissioner, after giving the offending person ten days‘ notice of his intention, may apply for the approval of the Standing Committee and may with their approval remove or otherwise deal with the same as he shall think fit, and the expenses thereby incurred shall be paid by the person offending.

Chapter IX DRAINS AND DRAINAGE WORKS.

300. Right of owners and occupiers of premises to carry drains through land belonging to other persons

Statutory text

(1) If it shall appear to the Commissioner that the only means or the most convenient means, by which the owner or occupier of any premises can cause his drain to empty into a municipal drain or other place legally set apart for the discharge of drainage is, by carrying the same into, through or under any land belonging to some person other than the said owner or occupier, the Commissioner, after giving to the owner of such land a reasonable opportunity of stating objections, if any, may, with the approval of the Standing Committee, if no objection is raised, or if any objection which is raised appears to him invalid or insufficient, by an order in writing, authorise the said owner or occupier to carry his drain into, through or under the said land in such manner as he shall think fit to allow.
(2) Every such order of the Commissioner, shall be a complete authority to the person in whose favour it is made, or to any agent or person employed by him for this purpose, after giving to the owner of the land reasonable written notice of his intention so to do, to enter upon the said land with assistants and workmen, at any time between sunrise and sunset, and to execute the necessary work.
(3) Subject to all other provisions of this Act, the owner or occupier of any premises or any agent or person employed by him for this purpose, may after giving to the owner of any land, wherein a drain has been already lawfully constructed for the drainage of his said premises, reasonable written notice of his intention so to do, enter upon the said land with assistants and workmen, at any time between sunrise and sunset, and construct a new drain in the place of the existing drain or repair or alter any drain so constructed.
(4) In executing any work under this section, as little damage as can be, shall be done, and the owner or occupier of premises for the benefit of which the work is done shall -
- (a) cause the work to be executed with the least practicable delay;
- (b) fill in, reinstate and make good, at his own cost and with the least practicable delay, the ground or portion of any building or other construction opened, broken up or removed for the purpose of executing the said work;
- (c) pay compensation to the person who sustains damage by the execution of the said work.
(5) If the owner of any land, into, through or under which a drain has been carried under this section whilst such land was unbuilt upon, shall, at any time afterwards, desire to erect a building on such land, the Commissioner shall, with the approval of the Standing Committee, by written notice, require the owner or occupier of the premises for the benefit of which such drain was constructed to close, remove or divert the same in such manner as shall be approved by the said committee, and to fill in, reinstate and make good the land as if the drain had not been carried into, through or under the same: Provided that no such requisition shall be made, unless in the opinion of the Standing Committee, it is necessary or expedient, in order to admit of the construction of the proposed building or the safe enjoyment thereof, that the drain be closed, removed or diverted.

Chapter IX DRAINS AND DRAINAGE WORKS.

301. Owner of land to allow others to carry drains through the land

Statutory text

Every owner of land shall be bound to allow any person in whose favour an order has been made under section 300, sub-section (1) to carry a drain into, through or under the land of such owner on such terms as may be specified in such order.

Chapter IX DRAINS AND DRAINAGE WORKS.

302. Commissioner may enforce drainage of undrained premises situate within a hundred feet of a municipal drain

Statutory text

Where any premises are, in the opinion of the Commissioner, without sufficient means of effectual drainage, and a municipal drain or some place legally set apart for the discharge of drainage is situated at a distance not exceeding one hundred feet from some part of the said premises, the Commissioner may, by written notice, require the owner or occupier of the said premises-

(a) to make a drain of such material, size and description laid at such level and according to such alignment and with such fall and outlet as may appear to the Commissioner necessary, emptying into such municipal drain or place aforesaid: Provided that, where any premises have already been drained in accordance with the bye-laws or have to be so redrained, no such requisition shall be made without the previous sanction of the Standing Committee;
(b) to provide and set up all such appliances and fittings as may appear to the Commissioner necessary for the purposes of gathering and receiving the drainage from, and conveying the same off, the said premises and of effectually flushing such drain and every fixture connected therewith;
(c) to remove any existing drain, or other appliance or thing used for intended to be used for drainage, which is injurious to health.

Chapter IX DRAINS AND DRAINAGE WORKS.

303. Commissioner may enforce drainage of undrained premises not situate within a hundred feet of municipal drain

Statutory text

(1) Where any premises are, in the opinion of the Commissioner, without sufficient means of effectual drainage, and a municipal drain or such place as aforesaid is situated at a distance exceeding one hundred feet from some part of the said premises, the Commissioner, may, by written notice, require the owner or occupier of the said premises —
- (a) to construct a drain up to a point to be specified in such notice, but not distant more than one hundred feet from some part of the said premises, or 295[(b) [XXX]]
(2) Any requisition for the construction of any drain under sub-section (1) may comprise any detail specified in clause (a),
- (b) or (c) of section 302.

Chapter IX DRAINS AND DRAINAGE WORKS.

304. Power of Commissioner to drain premises in combination

Statutory text

(1) Where the Commissioner is of opinion that any group or block of premises, any part of which is situate within one hundred feet of a municipal drain, or other place legally set apart for the discharge of drainage already existing or about to be constructed, may be drained more effectually or economically in combination than separately, the Commissioner may, with the approval of the Standing Committee, cause such group or block of premises to be drained by such method as appears to the Commissioner to be best suited therefor, and the expenses incurred by the Commissioner in so doing shall be paid by the owners of such premises in such proportions as the Standing Committee may think fit.
(2) Not less than fifteen days before any work under this section is commenced, the Commissioner shall give written notice to the owners of all the premises to be drained of -
- (a) the nature of the intended work,
- (b) the estimated expenses thereof, and
- (c) the proportion of such expenses payable by each owner.
(3) The owners for the time being of the several premises constituting a group or block drained under sub-section (1) shall be the joint owners of every drain constructed, erected or fixed or continued, for the special use and benefit only of such premises, and shall in the proportions in which it is determined that the owners of such premises, are to contribute to the expenses incurred by the Commissioner under sub-section (1), be responsible for the expense of maintaining every such drain in good repair and efficient condition but every such drain shall from time to time be flushed, cleansed and emptied by the Commissioner at the charge of the municipal fund.

Chapter IX DRAINS AND DRAINAGE WORKS.

305. Commissioner may close or limit the use of existing private drains

Statutory text

(1) Where a drain connecting any premises with a municipal drain or other place legally set apart for the discharge of drainage is sufficient for the effectual drainage of the said premises and is otherwise unobjectionable, but is not, in the opinion of the Commissioner, adapted to the general drainage system of the city or of that part of the city in which such drain is situated, the Commissioner with the approval of the Standing Committee, may- subject to the provision of sub-section (2) close, discontinue or distroy the said drain and cause any work necessary for that purpose to be done. 296[(b) [XXX]]
(2) No drain may be closed, discontinued or destroyed by the Commissioner under clause (a) of sub-section (1) except on condition of his providing another drain as effectual for the drainage of the premises and communicating with any municipal drain or other place as aforesaid which the Commissioner thinks fit; and the expenses of the construction of any drain so provided by the Commissioner and of any work done under the said clause (a) shall be paid by the Commissioner at the charge of the Municipal Fund. 297[(3) [XXX]]

Chapter IX DRAINS AND DRAINAGE WORKS.

306. New building not to be erected without drains

Statutory text

(1) It shall not be lawful newly to erect or re-erect any building, or to occupy any building newly erected or re-erected, unless and until —
- (a) a drain be constructed of such size, materials and description, at such level with such fall and out-let as shall appear to the Commissioner to be necessary for the effectual drainage of such building 298[and the drainage betterment charges as fixed by the Commissioner, from time to time, with the sanction of the Corporation have been paid];
- (b) there have been provided for and set up in such building and in the premises appurtenant thereto, all such appliances and fittings as may appear to the Commissioner to be necessary for the purpose of gathering and receiving the drainage from, and conveying the same off, the said building and the said premises, and of effectually flushing the drain of the said building and every fixture connected therewith.
(2) The drain to be constructed as aforesaid shall empty into a municipal drain or into some place legally set apart for the discharge of drainage situated at a distance not exceeding one hundred feet from the premises in which such building is situated; but if no such drain or place is within that distance, then such drain shall empty into such cesspool as the Commissioner directs.

Chapter IX DRAINS AND DRAINAGE WORKS.

313. Drain not to pass beneath buildings

Statutory text

Except with the written permission of the Commissioner, and in conformity with such conditions as shall be specified by the Standing Committee, either generally or specially, in this behalf, no drain shall be so constructed as to pass beneath any part of a building.

³¹⁴ Omitted

Chapter IX DRAINS AND DRAINAGE WORKS.

314. XXX]]

Statutory text

(1) Without the written permission of the Commissioner no building, wall or other structure shall be newly erected or re-erected and no street or railway shall be constructed over any drain. (2) If any building, wall or other structure be so erected or re-erected, or any street or railway be so constructed, the Commissioner, after giving the offending person ten days‘ notice of his intention, may apply for the approval of the Standing Committee and may with their approval remove or otherwise deal with the same as he shall think fit, and the expenses thereby incurred shall be paid by the person offending.

Chapter IX DRAINS AND DRAINAGE WORKS.

315. Right of Corporation to drains, etc., constructed, etc., at charge of municipal fund on premises not belonging to the Corporation

Statutory text

All drains, ventilation-shafts and all appliances and fittings connected with drainage-works constructed, erected or set up at the charge of the municipal fund upon a premises not belonging to the Corporation, whether before or after the passing of this Act, and otherwise than for the sole use and benefit of the said permises, shall, unless the Corporation has otherwise determined or shall at any time determine, vest, and be deemed to have always vested, in the Corporation.

Chapter IX DRAINS AND DRAINAGE WORKS.

316. All drains and cesspools to be properly covered and ventilated

Statutory text

(1) Every drain and cesspool, whether belonging to the Corporation or to any other person, shall be provided with proper traps and coverings and with proper means of ventilation.
(2) The Commissioner may, by written notice, require the owner of any drain or cesspool not belonging to the Corporation to provide and apply to the said drain or cesspool such trap and covering and such means of ventilation as would be provided and applied if such drain or cesspool belonged to the Corporation.

Chapter IX DRAINS AND DRAINAGE WORKS.

317. Affixing of pipes for ventilation of drains etc.,

Statutory text

(1) For the purpose of ventilating any drain or cesspool, whether belonging to the Corporation or to any other person, the Commissioner may erect upon premises or affix to the outside of any building or to any tree any such shaft or pipe as shall appear to the Commissioner necessary and cut through any projection from any building including the eaves of any roof thereof in order to carry up such shaft or pipe through any such projection; and lay in, through, or under any land, such appliances as may in the opinion of the Commissioner be necessary for connecting such ventilating shaft or pipe with the drain or cesspool intended to be ventilated: Provided that any shaft or pipe so erected or affixed, shall-
- (a) be carried at least fifteen feet higher than any skylight or window situated within a distance of forty feet therefrom;
- (b) if the same be affixed to a wall supporting the eave of a roof, be carried at least five feet higher than such eave;
- (c) be erected or affixed so as to create the least practicable nuisance or inconvenience to the inhabitants of the neighbourhood;
- (d) be removed by the Commissioner to some other place, if any time the owner of the premises, building or tree upon or to which the same has been erected or affixed is desirous of effecting any change in his property which either cannot be carried out, or cannot without unreasonable inconvenience be carried out, unless the shaft or pipe is removed.
(2) If the Commissioner declines to remove a shaft or pipe under clause (d), the owner of the premises, building or tree, upon or to which the same has been erected or affixed, may apply to the Judge and the Judge may, after such enquiry as he thinks fit to make, direct the Commissioner to remove the shaft or pipe and it shall be incumbent on the Commissioner to obey such order.
(3) Where the owner of any building or land cut through, opened or otherwise dealt with under sub-section (1) is not the owner of the drain or cesspool intended to be ventilated, the Commissioner shall, so far as is practicable, reinstate and make good such building, and fill in and make good such land, at the charge of the municipal fund. 318.

Chapter IX DRAINS AND DRAINAGE WORKS.

319. Section 319

Statutory text

Appointment of places for emptying of drains and disposal of sewage The Commissioner may cause any municipal drain to empty into a tank or other place whether within or without the city and in any manner, which he shall deem suitable for such purposes:

Provided that —

(a) the Commissioner shall not cause any municipal drain to empty into any place into which a municipal drain has not hereto therefore been emptied, without the sanction of the Corporation;
(b) any power conferred by this section shall be exercised in such manner as to create the least practicable nuisance;
(c) no municipal drain shall be made to empty into any place or in any manner which the Government shall think fit to disallow.

Chapter IX DRAINS AND DRAINAGE WORKS.

320. Provision of means for disposal of sewage

Statutory text

For the purpose of receiving, storing, disinfecting, distributing or otherwise disposing of sewage, the Commissioner may, when authorised by the Corporation in this behalf —

(a) construct any work within or without the City,
(b) purchase or take on lease any land, building, engine, material or apparatus either within or without the City;
(c) enter into an arrangement with any person for any period not exceeding twenty years, for the removal or disposal of sewage within or without the City:

Chapter IX DRAINS AND DRAINAGE WORKS.

321. Provided that any power conferred by this section shall be exercised in such manner as to cause the least practicable nuisance.

Statutory text

Construction of water closets and privies

(1) It shall not be lawful to construct a water closet or privy for any premises except with the written permission of the Commissioner and in accordance with such terms not being inconsistent with any bye-laws for the time being in force as he may specify.
(2) In specifying any such terms, the Commissioner may determine in each case —
- (a) whether the premises shall be served, by the water-closet or by the privy system, or partly by one and partly by the other; and
- (b) what shall be the site or position of each water-closet or privy.
(3) If any water-closet or privy is constructed on any premises in contravention of sub-section (1), the Commissioner may, after giving not less than ten days‘ notice to the owner or occupier of such premises, close such water-closet or privy, and, with the previous approval of the Standing Committee, alter or demolish the same, and the expenses incurred by the Commissioner in so doing shall be paid by such owner or occupier or by the person offending.

Chapter IX DRAINS AND DRAINAGE WORKS.

322. Water closets and other accommodation in buildings newly erected or re-errected

Statutory text

(1) It shall not be lawful newly to erect or to re-erect any building for or intended for human habitation, or at or in which labourers or workmen are to be employed, without such water-closet or privy and such urinal accommodation, and accommodation for bathing or for the washing of clothes and domestic utensils, as the Commissoner may determine.
(2) In determining any such accommodation the Commissioner may specify in each case —
- (a) whether such building shall be served by the water-closet or by the privy system, or partly by one and partly by the other;
- (b) what shall be the site or position of each water-closet, privy urinal or bathing or washing place, and their number.

Chapter IX DRAINS AND DRAINAGE WORKS.

323. Where there is no such accommodation or the accommodation is insufficient or objectionable

Statutory text

(1) Where any premises are without a water-closet, privy, urinal, or bathing or washing place, or if the Commissioner is of opinion that the existing water-closet, privy, urinal, or bathing or washing place available for the persons occupying or employed in any premises is insufficient, inefficient or on any sanitary grounds, objectionable, the Commissioner may, with the previous approval of the Standing Committee, by written notice require the owner of such premises —
- (a) to provide, such, or such additional water-closet, privy, urinal, or bathing or washing place as he determines;
- (b) to make such structural or other alterations in the existing water-closet, privy, urinal or bathing or washing place as he determines; or
- (c) to substitute water-closet accommodation for any privy accommodation: Provided that where the water-closet, privy, urinal or bathing or washing place accommodation of any premises—
- (a) has been, and is being, used in common by the persons occupying or employed in such premises and any one or more other premises, or
- (b) is in the opinion of the Commissioner likely to be so used the Commissioner may, if he is of opinion that such accommodation is insufficient to admit of the same being used by all the persons occupying or employed in all such premises, direct in writing that a separate water-closet, privy, urinal or bathing or washing place be provided on or for each of such other premises: Provided further that the Commissioner may, if he is of opinion that there is sufficient municipal latrine accommodation available for all the persons occupying or employed in any premises, direct that a separate water-closet, privy or urinal need not be provided for such premises.
(2) Any requisition under sub-section (1) may comprise any detail specified in sub-section (2) of section 322.

Chapter IX DRAINS AND DRAINAGE WORKS.

324. Power to require privy accommodation to be provided for factories, etc

Statutory text

Where it appears to the Commissioner that any premises are, or are intended to be, used as a market, railway station, or other place of public resort or as a place in which persons exceeding twenty in number are employed in any manufacture, trade or business or as workmen or labourers, the Commissioner may, by written notice, require the owner or occupier of the said premises to construct a sufficient number of water-closets or latrines or privies and urinals for the separate use of each sex.

Chapter IX DRAINS AND DRAINAGE WORKS.

325. Power of Commissioner as to unhealthy privies

Statutory text

Where the Commissioner is of opinion that any privy is likely, by reason of its not being sufficiently detached from any building to cause injury to the health of any person occupying such building with the previous approval of the Standing Committee he may, by written notice, require the owner or occupier of the premises in or on which such privy is situate either —

(a) to so close up such privy as to prevent any person using the same, and to provide in lieu thereof such water-closet or privy or such urinal as the Commissioner may determine; or
(b) to provide between the said privy and any portion of the said building such air-space, not exceeding three feet in width, open to the sky, and situate entirely within such limits of the said premises as the Commissioner may determine.

Chapter IX DRAINS AND DRAINAGE WORKS.

326. Provisions as to privies

Statutory text

The owner or occupier of any premises on which there is a privy shall —

(a) have between such privy and any building or place used or intended to be used for human habitation, or in which any person may be or may be intended to be employed in any manufacture, trade or business, an air space of at least three feet in width and open to the sky;
(b) have such privy shut off a sufficient roof and wall or fence from the view of persons dwelling in the neighbourhood or passing by;
(c) unless and except for such period as he shall be permitted by the Commissioner, under the power next hereinafter conferred, to continue any existing door or trap-door close up and not keep any door or trap-door in such privy opening on to a street: Provided that the Commissioner may permit the continuance for such period as he may think fit of any existing door or trap-door in a privy opening on to a street, if a nuisance is not thereby created: Provided further that clause (a) shall not be deemed to apply to privy in existence when this Act comes into force, unless —
- (i) there is space available on the premises for the erection of a new privy conformably to the said clause; and
- (ii) the existing privy can be removed and a new one erected as aforesaid without destroying any portion of a permanent building other than the existing privy.

Chapter IX DRAINS AND DRAINAGE WORKS.

327. Provisions as to water-closets

Statutory text

The owner or occupier of any premises on which there is a water-closet shall —

(a) have such water-closet divided off from any part of a building or place used or intended to be used for human habitation or in which any person may be or may be intended to be employed in any manufacture, trade or business, by such means as the Commissioner shall deem sufficient;
(b) have such water-closet in such a position that one of its sides at the least shall be an external wall;
(c) have the seat of such water-closet placed against an external wall;
(d) cause such water-closet to be provided with such means of constant ventilation as the Commissioner shall deem adequate, by a window or other aperture in one of the walls of such water-closet, or by an opening directly into the external air, or by an airshaft or by some other suitable method or appliance;
(e) have such water-closet supplied by a supply cistern and flushing apparatus and fitted with a soil-pan or receiver and such other appliances of such materials, size and description as the Commissioner shall deem necessary; provided always that a cistern from which a water-closet is supplied shall not be used, or be connected with another cistern which is used, for supplying water for any other purpose.

Chapter IX DRAINS AND DRAINAGE WORKS.

328. Position of privies and water-closets

Statutory text

No person shall build a privy or water-closet in such a position or manner as—

(a) to be directly over or directly under any room or part of a building other than another privy or water-closet or a bathing place, bath room or terrace;
(b) to be within a distance of twenty feet from any well or from any spring, tank or stream the water whereof is, or is likely to be used whether in natural or manufactured state for human consumption, domestic purposes, or otherwise render the water of any well, spring, tank or stream liable to pollution.

(a) a drain constructed under section 304 sub-section (1), or
(b) a drain in respect of which conditions as to the respective responsibilities of the parties have been declared under section 311 sub-section (1); the expenses of any inspection and examination made by the Commissioner under section 332 and of the execution of any work required under section 335, whether executed under section 340 or not, shall be paid by the owners of such premises, in such proportions, as shall be determined —
- (i) by the Standing Committee if the aggregate amount of such expenses exceeds rupees one hundred, or
- (ii) by the Commissioner if the aggregate amount of such expenses does not exceed rupees one hundred.

Chapter IX DRAINS AND DRAINAGE WORKS.

337. Prohibition of acts contravening the provisions of this Chapter or done without sanction

Statutory text

No person shall-

(a) in contravention of any of the provisions of this Chapter or of any notice issued or direction given under this Chapter, or without the written permission of the Commissioner, in any way alter the fixing, disposition or position of, or construct, erect, set up, renew, rebuild, remove, obstruct, stop up, destroy or change, any drain, ventilation-shaft or pipe, cesspool, water-closet, privy, latrine, urinal or bathing or washing place or any trap, covering or other fitting or appliance connected therewith;
(b) without the written permission of the Commissioner, renew, re-build, or unstop any drain, ventilation-shaft or pipe, cesspool, water-closet, privy, latrine or urinal or bathing or washing place, or any fitting or appliance, which has been, or has been ordered to be discontinued, demolished or stopped up under any of the provisions of this Chapter;
(c) without the written permission of the Commissioner, make any projection over or encroachment upon or in any way injure or cause or permit to be injured, any drain, cesspool, house-gully, water-closet, privy, latrine or urinal or bathing or washing place: Provided that nothing in this clause shall apply to any weather-shade in width not exceeding two feet over any window which does not front a wall or window of an adjoining house;
(d) drop, pass or place, or cause or permit to be dropped, passed or placed, into or in any drain, any brick, stone, earth, ashes or any substance or matter by which or by reason of the amount of which such drain is likely to be obstructed;
(e) pass, or cause or permit to be passed, into any drain provided for a particular purpose, any matter or liquid for the conveyance of which such drain has not been provided;
(f) cause or suffer to be discharged into any drain from any factory, bake house, distillery, workshop or work place or from any building or place in which steam, water or mechanical power is employed, any hot water, steam, fumes or any liquid which would prejudicially affect the drain or the disposal by sale or otherwise of the sewage conveyed along the drain or which would from its temperature or otherwise be likely to create a nuisance.

Chapter IX DRAINS AND DRAINAGE WORKS.

338. When materials and works may be supplied and done under this Chapter for any person by the Commissioner

Statutory text

On the written request of any person who is required under any of the provisions of this Chapter to supply any materials or fittings or to do any work, the Commissioner may, in such person's behalf, supply the necessary materials or fittings, or cause the necessary work to be done; but he shall not do so in any case to which the provisions of sub-section (3) of section 641 or section 643 will not apply unless a deposit is first of all made by the said person of a sum which will in the opinion of the Commissioner, suffice to cover the cost of the said materials, fittings and work.

Chapter IX DRAINS AND DRAINAGE WORKS.

339. Work to be done by licensed plumber; permission to use as drain

Statutory text

(1) No person shall permit any work described in this Chapter to be executed except by a licensed plumber: Provided that if, in the opinion of the Commissioner, the work is of a trivial nature, he may grant permission in writing for the execution of such work by a person other than a licensed plumber.
(2) Every person who employs a licensed plumber to execute any such work shall, when so required, furnish to the Commissioner the name of such plumber.
(3) Every such person shall, within one month after completion of any such work and before permitting the same or any portion thereof to be filled in or covered over, deliver or send or cause to be delivered or sent to the Commissioner at his office notice in writing of the completion of such work, accompanied by a certificate in the form of Schedule signed by the licensed plumber by whom the same has been executed, who is hereby required immediately upon completion of the work and upon demand by the person employing him to sign and give such certificate to such person, and shall give to the Commissioner all necessary facilities for the inspection of such works: Provided that —
- (a) such inspection shall be made within seven days from the date of receipt of the notice of completion; and
- (b) the Commissioner may within seven days after such inspection, by written intimation addressed to the person from whom the notice of completion was received and delivered at his address as stated in such notice, or in the absence of such address, affixed to a conspicuous part of the premises in which such work has been executed —
  - (i) give permission for the filling in or covering over of such work; or
  - (ii) require that before such work is filled in or covered over, it shall be amended to the satisfaction of the Commissioner in any particular in respect of which it is not in accord with a requisition previously made by the Commissioner or contravenes some provisions of this Act or of the bye-laws made thereunder.
(4) No person shall permit any such work to be used as a drain or part of a drain until —
- (a) the permission referred to in proviso
- (b) to sub-section (3) has been received; or
- (b) the Commissioner has failed for fourteen days after receipt of the notice of the completion to intimate as aforesaid his refusal of permission for filling in or covering over of such work.

Chapter IX DRAINS AND DRAINAGE WORKS.

340. Commissioner may execute certain works under this Chapter without allowing option to persons concerned of executing the same

Statutory text

(1) The Commissioner, may, if he thinks fit, cause any work described in this Chapter to be executed by municipal or other agency under his own orders, without first of all giving the person by whom the same would otherwise have to be executed, the option of doing the same.
(2) The expenses of any work so done shall be paid by the person aforesaid, unless the Corporation shall, by a general or special order or resolution, sanction as they are hereby empowered to sanction, the execution of such work at the charge of the municipal fund.

Chapter XI REGULATION OF STREETS.

373. Vesting of public streets in the Corporation

Statutory text

All streets within the city being or which at any time become public streets, and the pavements, stones and other materials thereof, shall vest in the Corporation and be under the control of the Commissioner.

Chapter XI REGULATION OF STREETS.

374. Powers of Commissioner in respect of public streets

Statutory text

(1) The Commissioner shall from time to time cause all public streets vested in the Corporation to be levelled, metalled or paved, channelled, altered and repaired, as occasion shall require; he may also from time to time widen, extend or otherwise improve any such street or cause the soil thereof to be raised, lowered or altered and may place and keep in repair fences and posts for the safety of pedestrians: Provided that no widening, extension or other improvement of a public street, the aggregate cost of which will exceed rupees five thousand or such higher amount as the Corporation may from time to time fix, shall be undertaken by the Commissioner unless or until such undertaking has been authorised by the Corporation.
(2) With the sanction of the Corporation the Commissioner may permanently close the whole or any part of a public street vested in the Corporation: Provided that such sanction of the Corporation shall not be given unless, one month at least before the meeting at which the matter is decided, a notice signed by the Commissioner has been put in the street or part of a street which it is proposed to close, informing the residents of the said proposal, nor until the objections to the said proposal, if any, made in writing at any time before the day of the said meeting, have been received and considered by the Corporation.

Chapter XI REGULATION OF STREETS.

374A. Government’s power to repair the public streets vested in the Municipal Corporation

Statutory text

(1) Notwithstanding anything contained in this Act, it shall be competent for the Government or any other agency authorised by them in this behalf to exercise the powers of the Corporation and the Commissioner vested in them by or under this Act for the purpose of levelling, metalling, paving, channelling, widening or otherwise to carry out any repair to the public streets vested in the Corporation and also to lay new roads at their own expense in public interest.
(2) For the purpose of enabling the Government or the agency authorised by them to undertake repairs under sub-section (1), the public streets shall vest in the Government temporarily from a date to be notified by them in this behalf and thereupon it shall be competent for the Government to take over possession of the public streets from the said date. The public streets or any new roads laid under sub-section (1) shall continue to vest in the Government until the notification is revoked and thereafter stand transferred to the Corporation.
(3) It shall be the duty of the Corporation and the Commissioner to carry out any directions issued by the Government for the purpose of sub-sections (1) and (2).

Chapter XI REGULATION OF STREETS.

375. Disposal of land forming site of closed street

Statutory text

Whenever any public street, or part of a public street is permanently closed under section 374 the site of such street, or of the portion thereof which has been closed, may be disposed of as land vesting in the Corporation.

Chapter XI REGULATION OF STREETS.

376. Power to make new public streets

Statutory text

The Commissioner when authorised by the Corporation in this behalf may at any time —

(a) lay out and make a new public street;
(b) agree with any person for the making of a street for public use through the land of such person, either entirely at the expense of such person or partly at the expense of such person and partly at the expense of the Corporation, and that such street shall become, on completion, a public street, which shall vest in the Corporation;
(c) declare any street made under any scheme of the City Improvement Board to be a public street.

Chapter XI REGULATION OF STREETS.

377. Minimum width of new public streets

Statutory text

(1) The Corporation shall from time to time specify the minimum width for different classes of public streets according to the nature of the traffic likely to be carried thereon, the localities in which they are situated, the heights up to which buildings abutting thereon may be erected and other similar considerations.
(2) The width of a new public street made under section 376 shall not be less than that specified under sub-section (1) for the class to which it belongs, and no steps and, except with the written permission of the Commissioner under section 399 no other projections shall extend on to any such street.

Chapter XI REGULATION OF STREETS.

378. Power to adopt, construct or alter any sub-way, bridge, etc

Statutory text

The Commissioner when authorised by the Corporation in this behalf, may agree with any person,-

(a) to adopt and maintain any existing or projected sub-way, bridge, viaduct or arch, and the approaches thereto, and may accordingly adopt and maintain such sub-way, bridge, viaduct or arch and approaches as parts of public streets or as property vesting in the Corporation, or
(b) for the construction or alteration of any such sub-way, bridge, viaduct or arch or for the purchase or acquisition of any adjoining land required for the foundations and support thereof or for the approaches thereto, either entirely at the expense of such person or partly at the expense of such person and partly at the expense of the Corporation.

Chapter XI REGULATION OF STREETS.

379. Power to prohibit use of public streets for certain kinds of traffic

Statutory text

(1) It shall be lawful for the Commissioner with the sanction of the Corporation to —
- (a) prohibit vehicular traffic in any particular public streets, vesting in the Corporation so as to prevent danger, obstruction or inconvenience to the public by fixing up posts at both ends of such street or portion of such street;
- (b) prohibit in respect of all public streets, or particular public streets, the transit of any vehicle of such form, construction, weight or size or laden with such heavy or unwieldy objects as may be deemed likely to cause injury to the roadways or any construction thereon, or risk or obstruction to other vehicles or to pedestrians alone or over such street or streets except under such conditions as to time, mode of traction or locomotion, use of appliances for protection of the road-way, number of lights and assistants and other general precautions and the payment of special charges as may be specified by the Commissioner generally or specially in each case.
(2) Notices of such prohibitions as are imposed under sub-section (1) shall be posted up in conspicuous places at or near both ends of the public streets or portions thereof to which they relate, unless such prohibitions apply generally to all public streets.

Chapter XI REGULATION OF STREETS.

380. Power to acquire premises for improvement of public streets

Statutory text

(1) The Commissioner may, subject to the provisions of sections 146, 147 and 148:—
- (a) acquire any land required for the purpose of opening, widening, extending, diverting or otherwise improving any public street, bridge, or subway or of making any new public street, bridge or subway, and the buildings, if any, standing upon such land;
- (b) acquire in addition to the said land and the buildings, if any, standing thereupon, all such land with the buildings, if any, standing thereupon as it shall deem expedient for the Corporation to acquire outside of the regular line or of the intended regular line of such street;
- (c) lease, sell or otherwise dispose of any land or building purchased under clause (b).
(2) The acquisition of land for providing, extending or improving a place for the parking of vehicles shall be deemed to be an acquisition of land for the purpose of providing, extending or improving a public street.
(3) Any conveyance of land or of a building under clause (c) of sub-section (1) may comprise such conditions as the Commissioner thinks fit, as to the removal of the existing building, the description of new building to be erected, the period within which such new building shall be completed and other such matters.

Chapter XI REGULATION OF STREETS.

381. Power to determine the regular line of street

Statutory text

(1) The Commissioner may —
- (a) determine a line on one or both sides of any public street: Provided that every regular line of a public street operative under any law for the time being in force in any part of the City on the day immediately preceding the appointed day shall be deemed to be a street line for the purposes of this Act until a street line is prescribed by the Commissioner under this clause;
- (b) from time to time, but subject, in each case to the previous approval of the Standing Committee determine a fresh line in substitution for any line so determined or for any part thereof: Provided that such approval shall not be accorded unless, at least one month before the meeting of the Standing Committee at which the matter is decided, public notice of the proposal has been given by the Commissioner by advertisement in the local newspapers and special notice thereof, signed by the Commissioner, has also been put up in the street or part of the street for which such fresh line is proposed to be determined and until the Standing Committee has considered all objections to the said proposal made in writing and delivered at the office of the Municipal Secretary not less than three clear days before the day of such meeting.
(2) The line for the time being determined shall be called the ‘regular line of the street’.
(3) A register with plans attached shall be kept by the Commissioner showing all public streets in respect of which a regular line of the street has been determined and such register shall contain such particulars as may appear to the Commissioner to be necessary and shall be open to inspection. (4)
- (a) Subject to the provisions of sub-section (5) no person shall construct or reconstruct any portion of any building on land within the regular line of the street except with the written permission of the Commissioner and in accordance with the conditions imposed therein and the Commissioner shall in every case in which he gives such permission, at the same time, report his reasons in writing to the Standing Committee;
- (b) No person shall construct or reconstruct any boundary wall or a portion of a boundary wall within the regular line of the street except with the written permission of the Commissioner: Provided that if, within sixty days from after the receipt of an application from any person for permission to construct or reconstruct a boundary wall or a portion thereof, the Commissioner fails to acquire the land within the regular line of the street under section 284 the said person may, subject to any other provisions of this Act or of the bye-laws, made thereunder proceed with the work of construction or reconstruction of such boundary wall or a portion thereof, as the case may be. (5)
- (a) When the Commissioner grants permission under clause (a) of sub-section (4) for the construction or reconstruction of any building or land within the regular line of the street he may require the owner of the building to execute an agreement binding himself and his successors in title not to claim compensation in the event of the Commissioner at any time thereafter calling upon him or any of his successors by written notice to remove any work carried out in pursuance of such permission or any portion thereof and to pay the expenses of such removal if, in default, such removal is carried out by the Commissioner.
- (b) The Commissioner may before granting such permission require the owner to deposit in the Chief Municipal Office an amount sufficient in his opinion to cover the cost of removal and such compensation, if any, as may be payable to any successor in title or transferee of such building.

Chapter XI REGULATION OF STREETS.

382. Setting back buildings to the regular line of the street

Statutory text

(1) If any building or any part of a building abutting on a public street is within the regular line of the street, the Commissioner may, whenever it is proposed —
- (a) to rebuild such building or to take down such building to an extent exceeding one-half thereof above the ground level such half to be measured in cubic feet; or
- (b) to remove, reconstruct or make any addition to or structural alteration in any portion of such building which the regular line of the street in any order which he issues concerning the rebuilding, alteration or repair of such buildings, require such building to be set back to the regular line of the street.
(2) When any building or any part thereof within the regular line of the street falls down or is burnt down or is taken down, whether under the provisions of this Act or otherwise, the Commissioner may at once take possession on behalf of the Corporation of the portion of land within the regular line of the street theretofore occupied by the said building and, if necessary, clear the same.
(3) Land acquired under this section shall thenceforward be deemed a part of the public street and shall vest as such in the Corporation.

Chapter XI REGULATION OF STREETS.

383. Additional power of Commissioner to order setting back of building or regular line of the street

Statutory text

(1) If any building or any part thereof is within the regular line of a public street and if, in the opinion of the Commissioner, it is necessary to set back the building to the regular line of the street he may, if the provisions of section 382 do not apply, by written notice —
- (a) require the owner of such building to show cause within such period as is specified in such notice by a statement in writing subscribed by him or by an agent duly authorised by him in that behalf and addressed to the Commissioner, why such building or any part thereof which is within the regular line of the street shall not be pulled down and the land within the said line acquired by the Commissioner; or
- (b) require the said owner on such day and at such time and place as shall be specified in such notice to attend personally or by an agent duly authorised by him in that behalf and show cause why such building or any part thereof which is within the regular line of the street shall not be pulled down and the land within the said line acquired by the Commissioner.
(2) If such owner fails to show sufficient cause to the satisfaction of the Commissioner why such building or any part thereof, which is within the regular line of the street shall not be pulled down and the land within the said line acquired as aforesaid the Commissioner may, with the approval of the Standing Committee, require the owner by written notice, to pull down the building or the part thereof which is within the regular line of the street within such period as is specified in the notice.
(3) If within such period the owner of such building fails to pull down such building or any part thereof coming within the said line, the Commissioner may pull down the same and all the expenses incurred in so doing shall be paid by the owner.
(4) The Commissioner shall at once take possession on behalf of the Corporation of the portion of the land within the said line occupied by the said building, and such land shall thenceforward be deemed to be a part of the public street and shall vest as such in the Corporation.
(5) Nothing in this section shall be deemed to apply to buildings vestings in the State.

Chapter XI REGULATION OF STREETS.

384. Acquisition of open land or of land occupied by platforms, etc., within regular line of street

Statutory text

If any land not vesting in the Corporation, whether open or closed, lies within the regular line of a public street and is not occupied by a building, or if a platform, verandah, step, compound wall, hedge or fence or some other structure external to a building, abutting on a public street or a portion of a platform, verandah, step, compound wall, hedge or fence or other such structure, is within the said line of such street, the Commissioner may after giving to the owner of the land or building not less than seven clear days written notice of his intention to do so, take possession on behalf of the Corporation of the said land with its enclosing wall, hedge or fence, if any, or of the said platform, verandah, step or other structure as aforesaid or of the portion of the said platform, verandah, step or other such structure as aforesaid which is within the regular line of the street and, if necessary, clear the same and the land so acquired, shall thenceforward be deemed a part of the public street: Provided that when the land or building is vested in the State possession shall not be taken as aforesaid, without the previous sanction of the Government concerned and, when the land or building is vested in any Corporation constituted by any law for the time being in force, possession shall not be taken as aforesaid, without the previous sanction of the Government.

Chapter XI REGULATION OF STREETS.

385. Acquisition of the remaining part of building and land after their portions within a regular line of the street are acquired

Statutory text

(1) If a building or land is partly within the regular line of a public street and if the Commissioner is satisfied that the land remaining after the excision of the portion within the said line will not be suitable or fit for any beneficial use, he may, at the request of the owner, acquire such land in addition to the land within the said line and such surplus land shall be deemed to be a part of the public street vesting in the Corporation.
(2) Such surplus land may thereafter be utilised for the purpose of setting forward of building under section 386.

Chapter XI REGULATION OF STREETS.

386. Setting forward of buildings to regular line of the street

Statutory text

(1) If any building which abutts on a public street is in rear of the regular line of such street, the Commissioner may, whenever it is proposed —
- (a) to re-build such building, or
- (b) to alter or repair such building in any manner that will involve the removal or re-erection of such building, or of the portion thereof which abutts on the said street to an extent exceeding one-half of such building or portion thereof above the ground-level, such half to be measured in cubic feet; in any order which he issues concerning the re-building, alternation or repair of such building, permit, or with the approval of the Standing Committee, require such building, to be set forward to the regular line of the street.
(2) For the purpose of this section, a wall separating any premises from a public street shall be deemed to be a building; and it shall be deemed to be a sufficient compliance with a permission or requisition to set forward a building to the regular line of a street if a wall of such materials and dimensions as are approved by the Commissioner, is erected along the said line.

Chapter XI REGULATION OF STREETS.

387. Compensation to be paid and betterment charges to be levied

Statutory text

(1) 306[Compensation in accordance with the provisions of the Land Acquisition Act, 1894 as amended from time to time, shall be paid by the Commissioner] to the owner of any building or land required for a public street under sections 382, 383, 384 or 385 for any loss which such owner may sustain in consequence of his building or land being so acquired and for any expense incurred by such owner in consequence of the order made by the Commissioner: Provided that :—
- (i) any increase or decrease in the value of the remainder of the property of which the building or land so acquired formed part likely to accrue from the setback to the regular line of the street shall be taken into consideration and allowed for in determining the amount of such compensation;
- (ii) if any such increase in value exceeds the amount of loss sustained or expenses incurred by the said owner, the Commissioner may recover from such owner half the amount of such excess at a betterment charge.
(2) If, in consequence of any order to set forward, a building made by the Commissioner under section 386, the owner of such building sustains any loss or damage, compensation shall be paid to him by the Commissioner for such loss or damage after taking into account any increase in value likely to accrue from the set forward.
(3) If the additional land which will be included in the premises of any person required or permitted under section 386, to set forward a building belongs to the Corporation, the order or permission of the Commissioner to set forward the building shall be sufficient conveyance to the said owner of the said land; and the price to be paid to the Corporation by the said owner for such additional land and the other terms and conditions of the conveyance shall be set forth in the said order or permission.
(4) If, when the Commissioner requires a building to be set forward, the owner of the building is dissatisfied with the price fixed to be paid to the Corporation or any of the other terms or conditions of the conveyance, the Commissioner shall, upon the application of the said owner at any time within fifteen days after the said terms and conditions are communicated to him, refer the case for the determination of the Judge.

Chapter XI REGULATION OF STREETS.

388. Notice to be given to Commissioner of intention to lay out lands for building and for private streets

Statutory text

Every person who intends —

(a) to sell or let on lease any land subject to a covenant or agreement on the part of a purchaser or lessee to erect buildings thereon,
(b) to divide land (whether unbuilt or partly built) into building plots,
(c) to use any land or a portion thereof or permit the same to be used for building purposes, or
(d) to make or lay out a private street whether it is intended to allow the public a right of passage or access over such street or not, shall give written notice of his intention to the Commissioner and shall along with such notice 307[furnish a copy of the title deed of the land duly attested by a Gazetted Officer of the Government together with an urban land ceiling clearance certificate, in case the extent of land exceeds the ceiling limit and if it does not exceeds the ceiling limit an affidavit declaring that the total extent of land held by such holder, his or her spouse and unmarried minor children does not exceed the ceiling limit] 308[pay the drainage betterment charges as fixed by the Commissioner, from time to time] submit plans and sections, showing the situation and boundaries of such building, land and the site of the private street, if any, and also the situation and boundaries of all other lands of such person of which such building, land or site forms a part and the intended development, laying out and plotting of such building, land including the dimensions and area of each building plot and also the intended level, direction, width, means of drainage, paving, metalling and lighting of such private street, the provisions for planting and rearing of trees, beside such private street and the height and means of drainage and ventilation of the building or buildings proposed to be erected on the land, and if any building when erected will not abut on a street then already existing or then intended to be made as aforesaid the means of access from and to such building and the manner of the paving, metalling, draining and lighting of such means of access.

Chapter XI REGULATION OF STREETS.

389. Commissioner may call for further particulars

Statutory text

If any notice under section 388 does not supply all the information which the Commissioner deems necessary to enable him to deal satisfactorily with the case or if any such notice given for any or all of the purposes mentioned in clauses (a),

(b) or (c) of the said section does not contain any proposal or intention to make or lay out a private street, he may, at any time within thirty days after receipt of the said notice, by written notice require the person who gave the said notice —
(a) to furnish the required information together with all or any of the prescribed documents, or
(b) to revise any or all of the schemes submitted under the said clause (a),
(b) or (c) so as to provide for the making or laying out of a private street or private streets of such width or widths as he may specify in addition to or in substitution for any means of access proposed to be provided in such scheme or schemes and to furnish such further information and documents relating to the revised scheme or schemes as he may specify.

Chapter XI REGULATION OF STREETS.

390. Commissioner may require plans to be prepared by licensed Surveyors

Statutory text

The Commissioner may decline to accept any plan, section or description as sufficient for the purposes of section 388 or 389 which does not bear the signature of a licensed surveyor in token of its having been prepared by such surveyor or under his supervision.

Chapter XI REGULATION OF STREETS.

391. Laying out of land dimensions and area of each plot; laying out of private streets and heights of buildings to be determined by Commissioner

Statutory text

(1) The laying out of land for building the dimensions and area of each building plot, the level, direction, width and means of drainage of every private street, the kind and number of trees to be planted and reared beside such streets and the height and means of drainage and ventilation of and access to all buildings to be erected on such land or on either side of such street shall be fixed and determined by the Commissioner subject to such general directions as the Standing Committee may give in this behalf from time to time with the general object of securing sanitary conditions, amenity and convenience in connection with the laying out and use of the land and of any neighbouring lands and also with the object that the proposed private street may not conflict with any arrangements which have been made or which are, in the opinion of the Commissioner, likely to be made for carrying out any general scheme of new streets or of improvements of existing streets in the locality: Provided that if, within sixty days after the receipt by the Commissioner of any notice under section 388 or of the plans, sections, descriptions, scheme or further information, if any, called for under section 389 the disapproval by the Commissioner with regard to any of the matters aforesaid specified in such notice has not been communicated to the person who gave the same proposals of the said person shall be deemed to have been approved by the Commissioner.
(2) When the Commissioner signifies in writing to the said person his approval of the said work under certain conditions or without any conditions, or when the said work is deemed to have been approved by the Commissioner as aforesaid, the said person may at any time within one year from the date of the delivery of the notice under section 388 to the Commissioner, proceed with the said work in accordance with the intention as described in the notice or in any of the documents aforesaid and in accordance with the conditions, if any, imposed by the Commissioner but not so as to contravene any of the provisions of this Act or of any bye-law made thereunder.

Chapter XI REGULATION OF STREETS.

392. Land not to be appropriated for building and private street not be laid out until expiration of notice not otherwise than in accordance with Commissioner’s directions

Statutory text

(1) No person shall sell, let, use or permit the use of any land whether undeveloped or partly developed for building or divide any such land into building plots, or make or layout any private street —
- (a) unless such person has given previous written notice of his intention as provided in section 388 nor until the expiration of sixty days from delivery of such directions, if any, as may have been fixed and determined under sub-section (1) of section 391,
- (b) after the expiry of the period of one year specified in sub-section (2) of section 391,
- (c) unless such person gives written notice to the City Engineer of the date on which he proposes to proceed with any work he is entitled to carry out and commences such work within seven days of the date mentioned in the notice.
(2) If any act be done or permitted to be done in contravention of this section, the Commissioner may by written notice require any person doing or permitting the doing of such act,-
- (a) to show cause on or before such day as shall be specified in such notice by statement in writing subscribed by him in that behalf and addressed to the Commissioner, why the layout, plot, street or building contravening this section should not be altered to the satisfaction of the Commissioner, or if that be in his opinion impracticable why such street or building should not be demolished or removed or why the land should not be restored to the condition in which it was prior to the execution of the unauthorised work, or
- (b) to attend personally or by an agent duly authorised by him in that behalf on such day and at such time and place as shall be specified in such notice and show cause as aforesaid.
(3) If such person shall fail to show cause to the satisfaction of the Commissioner why such street or building should not be so altered, demolished or removed or why such land should not be so restored the Commissioner may cause the work of alteration, demolition, removal or restoration to be carried out and the expenses thereof shall be paid by the said person.

Chapter XI REGULATION OF STREETS.

401. Prohibition of structures or fixtures which cause obstruction in streets

Statutory text

(1) No person shall, except with the permission of the Commissioner under section 428 or 433 erect,or set up any wall, fence, rail, post, step, booth or other structure whether fixed or movable and whether of a permanent or a temporary nature, or any fixture in or upon any street or upon or over any open channel, drain, well or tank in any street so as to form an obstruction to or an encroachment upon or a projection over, to occupy, any portion of such street, channel, drain, well or tank.
(2) Nothing in this section shall be deemed to apply to any erection or thing to which clause (c) of sub-section (1) of section 413 applies.

Chapter XI REGULATION OF STREETS.

402. Prohibition of depositing etc., of thing in streets

Statutory text

(1) No person shall, except with the written permission of the Commissioner —
- (a) place or deposit upon any street, or upon any open channel drain or well in any street or in any public place, any stall, chair, bench, box, 310[ladder, bale, building materials, building debris or other things] whatsoever so as to form an obstruction thereto or encroachment thereon;
- (b) project, at a height of less than twelve feet from the surface of the street, any board or chair, beyond the line of the plinth of any building over any street;
- (c) attach to, or suspend from, any wall or portion of a building abutting on a street, at a lower height than aforesaid anything whatever. 311[(2) Whoever contravenes the provisions of sub-section (1) shall on conviction, be punishable with imprisonment which may extend to one month or with fine which may extend to five thousand rupees or with both.
(3) Any thing placed or deposited in contravention of the provisions of sub-section (1) may be seized by the Commissioner or any other person duly authorised by him in this behalf, and on conviction for an offence under sub-section (2) the Court may also pass such order as it thinks fit respecting the disposal of such thing including confiscation of such thing.]

Chapter XI REGULATION OF STREETS.

403. Licence for sale in public places

Statutory text

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

Chapter XI REGULATION OF STREETS.

404. Licences for use of skill in handicraft or rendering services for purposes of gain in public place or street

Statutory text

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 his skill in any handicraft or in rendering services to and for the convenience of the public in public place or public street.

Chapter XI REGULATION OF STREETS.

405. Commissioner may without notice, remove any thing erected, deposited or hawked or exposed for sale in contravention of Act

Statutory text

The Commissioner may, without notice, cause to be removed —

(a) any wall, fence, rail, post, step, booth or other structure whether fixed or movable and whether of a permanent or a temporary nature, or any fixture which shall be erected or set up in or upon or over any street, any open channel, drain, well or tank contrary to the provisions of this Act;
(b) any stall, chair, bench, box, ladder, board or shelf, or any other thing whatever placed, deposited, projected, attached, or suspended, in, upon, from or to any place in contravention of this Act;
(c) any article whatsoever hawked or exposed for sale in a public place or in any public street in contravention of the provisions of this Act and any vehicle, package, box or any other thing in or on which such article is placed.

Chapter XI REGULATION OF STREETS.

406. Power to require removal of a structure or fixture erected or set up

Statutory text

The Commissioner may, by written notice, require the owner, occupier of any premises contiguous to, or in front of, or in connection with which any wall, fence, rail, post, step, booth or other structure or fixture which it would be unlawful to erect or set up under this Act has been erected or set up to remove the said wall, fence, rail, post, step, booth or other structure or thing: Provided that, if any such case the structure or fixture shall have been lawfully erected or set up, compensation shall be paid by the Commissioner to every person who sustains loss or damage by the removal or alteration thereof.

Chapter XI REGULATION OF STREETS.

407. Prohibition of tethering of animals in public street

Statutory text

(1) No person shall tether any animal or cause or permit the same to be tethered by any member of his family or household in any public street.
(2) Any animal tethered as aforesaid may be removed by the Commissioner, or by any municipal officer or servant, and made over to a police officer or may be removed by a police officer, who shall deal therewith as with an animal found straying.

Chapter XI REGULATION OF STREETS.

408. Commissioner may permit booths, etc., to be erected on streets on festivals

Statutory text

With the concurrence of 312[the Chief City Magistrate] the Commissioner may grant a written permission for the temporary erection of a booth and any other such structure on any street on occasions of ceremonies and festivals.

Chapter XI REGULATION OF STREETS.

409. Streets when broken up for any municipal purposes to be restored without delay

Statutory text

Whenever the soil or pavement of any street is opened or broken up by or under the order of the Commissioner, or of any municipal officer or servant, for the execution of any work on behalf of the Corporation, the work on account of which the same shall have been opened or broken up shall be completed and the soil or pavement filled in, reinstated and made good with all convenient speed; and on completion of the work, the surplus of earth and materials, if any excavated and all rubbish occasioned thereby shall be removed without delay.

Chapter XI REGULATION OF STREETS.

410. Commissioner may close street in which work is in progress

Statutory text

(1) The Commissioner may whilst any such work as aforesaid or any work which may lawfully be executed in any street is in progress, direct that the said street shall be wholly or partially closed for traffic or for traffic of such description as he shall think fit; and shall set up in a conspicuous position an order prohibiting traffic to the extent or of the description so directed, and fix such bars, chains or posts across or in the street as he shall think proper for preventing or restricting traffic therein.
(2) No person shall, without the permission of the Commissioner or without other lawful authority, remove any bar, chain or post so fixed or infringe any order prohibiting traffic so set up.

Chapter XI REGULATION OF STREETS.

411. Commissioner to provide for traffic, etc, pending execution of Municipal work in any street

Statutory text

Whilst the execution of any work on behalf of the Corporation is in progress in any street, the Commissioner shall, so far as may be reasonably practicable, make adequate provision for the passage or diversion of traffic, for securing access to all premises approached from such street, and for any drainage, water supply, or means of lighting which may be interrupted by reason of the execution of the said work.

Chapter XI REGULATION OF STREETS.

412. Precautions to be taken for public safety where municipal works are in progress in any street

Statutory text

(1) Whilst the execution of any work on behalf of the Corporation is in progress in any street the Commissioner shall—
- (a) take proper precaution for guarding against accident by shoring up and protecting the adjoining buildings;
- (b) have any place where the soil or pavement has been opened or broken up fenced and guarded;
- (c) have a light sufficient for the warning of passengers set up and kept every night against any such place and against any bars, chains or posts set up under section 410 for so long as such place shall be continued open or broken up, or such bars, chains or posts shall remain so set up.
(2) No person shall, without the written permission of the Commissioner or without other lawful authority, remove any shoring timber or fence, or remove or extinguish any light employed or set up for any of the purposes of this section.

Chapter XI REGULATION OF STREETS.

413. Streets not to be opened or broken up and building materials not be deposited thereon without permission

Statutory text

(1) No person other than the Commissioner or a municipal officer or servant shall, without the written permission of the Commissioner or without other lawful authority,—
- (a) open, break up, displace, take up or make any alteration in, or cause any injury to the soil or pavement or any wall, fence, posts, chain or other material or thing forming part of any street;
- (b) deposit any building materials in any street; or
- (c) set up in any street any scaffold or any temporary erection for the purpose of any work whatever, or any posts, bars, rails, boards or other things by way of enclosure, for the purpose of making mortar or depositing bricks, lime, rubbish or other materials.
(2) Any permission granted under clause (b) or (c) of sub-section (1) shall be terminable at the discretion of the Commissioner, on his giving not less than twenty four hours written notice of the termination thereof to the person to whom such permission was granted.
(3) Except in cases in which permission has been applied for under clause (b) of sub-section (1) for the deposit of building materials in any street and no reply has been sent to the applicant within seven days from the date of the application, the Commissioner may, without notice, cause to be removed any building materials, or any scaffold, or any temporary erection, or any posts, bars, rails, boards or other things by way of enclosure, which have been deposited or set up in any street without the permission or authority specified in sub-section (1), or which, having been deposited or set up without such permission or authority, have not been removed within the period specified in the notice issued under sub-section (2).

Chapter XI REGULATION OF STREETS.

414. Precaution for public safety to be taken by persons to whom permission is granted under section 413

Statutory text

Every person to whom permission is granted under section 413 shall at his own expense cause the place where the soil or pavement has been opened or broken up or where he has deposited building materials, or set up any scaffold, erection or other things, to be properly fenced and guarded, and, in all cases in which the same is necessary to prevent accidents, shall cause such places to be well lighted during the night.

Chapter XI REGULATION OF STREETS.

415. Persons to whom permission is granted under section 413 must reinstate streets, etc

Statutory text

(1) Every person to whom permission is granted under section 413 to open or break up the soil or pavement of any street, or who under other lawful authority opens or breaks up the soil or pavement of any street, shall with all convenient speed complete the work for which the same shall be opened or broken up, and fill in the ground and reinstate and make good the street or pavement so opened or broken up without delay, to the satisfaction of the Commissioner.
(2) If the said person shall fail to reinstate and make good the street or pavement as aforesaid, the Commissioner may restore such street or pavement, and the expenses incurred by the Commissioner in so doing shall be paid by the said person.

Chapter XI REGULATION OF STREETS.

416. Provisions to be made by persons to whom permission is given under section 413 for traffic, etc

Statutory text

The Commissioner may by written notice, require any person to whom permission is granted under section 413 to open or break up the soil or pavement of any street or who, under any other lawful authority, opens or breaks up the soil or pavement of any street for the purpose of executing any work, to make provision to his satisfaction for the passage or diversion of traffic for securing access to any premises which may be approached from such street and for any drainage, water supply or means of lighting which may be interrupted by reason of the execution of the said work.

Chapter XI REGULATION OF STREETS.

417. Hoards to be set up during work on any building adjacent to a street

Statutory text

(1) No person who proposes to build, take down or rebuild any building or wall, or to alter or repair any part of any building or wall, shall, in any case in which the footway in any adjacent street will be thereby obstructed or rendered inconvenient, commence doing so, without first having caused to be put up a proper and sufficient hoard or fence, with a convenient platform and hand-rail, if there be room enough for the same and the Commissioner shall think the same desirable, to serve as a footway for the use of persons outside of such hoard or fence.
(2) No hoard or fence shall be so put up without the previous written permission of the Commissioner, and every such hoard or fence put up with such permission, with such platform and hand-rail as aforesaid, shall be continued standing and maintained in good condition to the satisfaction of the Commissioner, by the person who carries on the work, during such time as may be necessary for the public safety and convenience and, in all cases in which the same is necessary to prevent accidents, the said person shall also cause such hoard or fence to be well lighted during the night.
(3) The Commissioner may, by written notice, require the person aforesaid to remove any hoard or fence so put up.

Chapter XI REGULATION OF STREETS.

418. Naming of streets, and numbering of houses

Statutory text

(1) The Commissioner may, from time to time –
- (a) with the sanction of the Corporation, determine the name by which any street shall be known;
- (b) cause to be put up or painted on a conspicuous part of any house at or near each end, corner or entrance to every street, the name so determined;
- (c) with the sanction of the Corporation determine the number by which any premises shall be known;
- (d) by written notice require the owner of any premises either to put or paint a number on such premises in such position and manner as may be specified in such notice, or to signify in writing his desire that the work shall be executed under the orders of the Commissioner.
(2) No person shall, without the written permission of the Commissioner or without other lawful authority, destroy, remove, deface or in any way injure any such name or number, or put up or paint any name or number different from that put up or painted by order of the Commissioner.
(3) Where a number is put up or painted on any premises under the orders of the Commissioner in accordance with clause (d) of sub-section (1), the expenses of such work shall be payable by the owner of the premises:

Chapter XI REGULATION OF STREETS.

419. Provided that the maximum rate of charge for such work shall be fixed by the Commissioner with the previous sanction of the Corporation.

Statutory text

Buildings at corners of streets

(1) The Commissioner may with the approval of the Standing Committee, require by written order the corner of any building which has already been erected or which is to be newly erected or which is to be re-erected or repaired and which is situated at the junction of two or more streets to be rounded or splayed off to such height and in such manner as he may determine and may also in such order impose such conditions as he deems necessary as to the construction of a compound wall or fence or hedge or any other structure whatsoever or the planting or retention of any tree on the premises appurtenant to such building.
(2) Compensation shall be paid by the Commissioner for any loss or damage caused by the issue of an order under sub-section (1).

Chapter XI REGULATION OF STREETS.

420. Regulations as to sky-signs

Statutory text

(1) No person shall, without the written permission of the Commissioner, erect, fix or retain any sky-sign, whether now existing or not, and no such written permission shall be granted, or renewed, for any period exceeding two years from the date of each such permission or renewal: Provided that in any of the following cases a written permission or renewal by the Commissioner under this section shall become void, namely:—
- (a) if any addition to the sky-sign be made except for the purpose of making it secure under the direction of the municipal city engineer;
- (b) if any change be made in the sky-sign, or any part thereof;
- (c) if the sky-sign or any part thereof fall either through accident, decay or any other cause;
- (d) if any addition or alteration be made to, or in the building or structure upon or over which the sky-sign is erected, fixed or retained, if such addition or alteration involves the disturbance of the sky-sign or any part thereof;
- (e) if the building or structure upon or over which the sky-sign erected, fixed or retained become unoccupied or be demolished or destroyed.
(2) Where any sky-sign shall be erected, fixed or retained upon or over any land, building, or structure, save and except as permitted as hereinbefore provided, the owner or person in occupation of such land, building or structure shall be deemed to be the person who has erected, fixed or retained such sky-sign in contravention of the provision of this section unless he proves that such contravention was committed by a person not in his employment or under his control, or was committed without his connivance.
(3) If any sky-sign be erected, fixed or retained contrary to the provisions of this section, or after permission for the erection, fixing or retention thereof for any period shall have expired or become void, the Commissioner may, by written notice require the owner or occupier of the land, building or structure, upon or over which the sky-sign is erected, fixed or retained, to take down and remove such sky-sign. The expression “sky-sign” shall in this section mean any word, letter, model, sign, device or representation in the nature of an advertisement, announcement or direction, supported on or attached to any post, pole, standard frame-work or other support wholly or in part upon or over any land, building or structure which, or any part of which sky-sign, shall be visible against the sky from some point in any street and includes all and every part of any such post, pole, standard frame-work or other support. The expression “sky-sign” shall also include any balloon, parachute, or other similar device employed wholly or in part for the purposes of any advertisement, announcement or direction upon over any land, building or structure or upon or over any street, but shall not include —
- (a) any flagstaff, pole, vane or weathercock, unless adopted or used wholly or in part for the purpose of any advertisement, announcement or direction;
- (b) any sign, or any board, frame or other contrivance securely fixed to or on the top of the wall or parapet of any building, or on the cornice or blocking course of any wall, or to the ridge of a roof: Provided that such board, frame or other contrivance be of one continuous face and not open work and do not extend, in height more than three feet above any part of the wall, or parapet or ridge to, against, or on which it is fixed or supported;
- (c) any word, letter, model, sign, device or representation as aforesaid, relating exclusively to the railway administration and place wholly upon or over any railway, railway station, yard, platform or station approach belonging thereto, and so placed that it can not fall into any street or public place;
- (d) any notice of land or buildings to be sold, or let, placed upon such land or buildings.

Chapter XI REGULATION OF STREETS.

421. Regulation and control of advertisements

Statutory text

(1) No person shall, without the written permission of the Commissioner, erect, exhibit, fix or retain any advertisement whether now existing or not, upon any land, building, wall, hoarding or structure: Provided always that such permission shall not be necessary in respect of any advertisement which is not an illuminated advertisement nor a sky-sign and which —
- (a) is exhibited within the window of any building;
- (b) relates to the trade or business carried on within the land or building upon which such advertisement is exhibited or to any sale or letting of such land or building or any effects therein, or to any sale, entertainment or meeting to be held upon or in the same; or to the trade or business carried on by the owner of any vehicle upon which such advertisement is exhibited;
- (c) relates to the business of any railway administration;
- (d) is exhibited within any railway station or upon any wall or other property of a railway administration except any portion of the surface of such wall or property fronting any street.
(2) Where any advertisement shall be erected, exhibited, fixed or retained after three months from the enactment of this section upon any land, building, wall, hoarding or structure save and except as permitted or exempted from permission as hereinbefore provided, the owner or person in occupation of such land, building, wall, hoarding or structure shall be deemed to be the person who has erected, exhibited, fixed or retained such advertisement in contravention of the provisions of this section unless he proves that such contravention was committed by a person not in his employment or under his control or was committed without his connivance.
(3) If any advertisement be erected, exhibited, fixed or retained contrary to the provisions of this section after the written permission for the erection, exhibition, fixing or retention thereof for any period shall have expired or become void, the Commissioner may, by notice in writing, require the owner or occupier of the land, building wall, hoarding or structure upon which the same is erected, exhibited, fixed or retained, to take down or remove such advertisement. (4)
- (a) The word “structure” in this section shall include a tramcar, omnibus and any other vehicle and any movable board used primarily as an advertisement or an advertising medium; and
- (b) the expression “illuminated advertisement” in this section shall not include an illuminated display of goods, if such display —
  - (i) is of goods merely bearing labels showing the name of the article or of its manufacturer or of both, and
  - (ii) is made by lighting which is not, in the opinion of the Commissioner, more than is necessary to make the goods and labels visible at night.

Chapter XI REGULATION OF STREETS.

422. Commissioner to take proceedings for repairing or enclosing dangerous places

Statutory text

(1) If any place is, in the opinion of the Commissioner for want of sufficient repair, protection or enclosure or owing to some work being carried on thereupon, dangerous to passengers along a street, or to persons who have lawful access thereto or to the neighbourhood thereof if any such work, in the opinion of the Commissioner, affects the safety or convenience of such persons, he may, by notice in writing, require the owner or occupier thereof to repair, protect or enclose the said place or take such other step as shall appear to the Commissioner necessary, in order to prevent danger therefrom or to ensure the safety or convenience of such persons.
(2) The Commissioner may, before giving any such notice or before period of any such notice has expired, take such temporary measures as he thinks fit to prevent danger from the said place or to ensure public safety or convenience at such work, and any expense incurred by the Commissioner in taking such temporary measures shall be paid by the owner or occupier of the place to which the said notice refers.

Chapter XI REGULATION OF STREETS.

423. Protective measures during demolition work

Statutory text

(1) No person who proposes to take down a building or a part thereof, shall commence doing so without providing, in addition to such hoard or fence which he may be required to provide under section 417 screens extending to the full height of such building on all sides thereof so as to prevent pollution of the surrounding air with dust or injury or damage caused by the falling of any debris, bricks, wood or other material.
(2) If any such work is commenced in contravention of sub-section (1) the Commissioner may cause it to be stopped forthwith and any person carrying it out to be removed from the premises by a police officer.

Chapter XI REGULATION OF STREETS.

424. Public streets to be lighted

Statutory text

(1) The Commissioner shall —
- (a) take measures for lighting in a suitable manner the public streets, municipal gardens and open spaces and municipal markets and all buildings vesting in the Corporation;
- (b) procure, erect and maintain such number of lamps, lamp-posts and other appurtenances as may be necessary for the said purpose; and
- (c) cause such lamps to be lighted by means of oil, gas, electricity or such other light as the Corporation shall from time to time determine.
(2) The Commissioner may place and maintain electric wires for the purpose of lighting such lamps, under, over, along or across, and posts, poles, standards, staves, struts, brackets, and other contrivances for carrying, suspending or supporting lamps or electric wires in or upon, any immovable property without being liable to any claim for compensation thereanent:

Chapter XI REGULATION OF STREETS.

425. Provided that such wires, posts, poles, standards, staves, struts, brackets and other contrivances shall be so placed

Statutory text

Prohibition of removal, etc., of lamps No person shall, without lawful authority, take away or wilfully break, throw down or damage —

(a) any lamp, lamp-post or lamps-iron set up in any public street or municipal garden, or in any open space, markets or building vesting in the Corporation;
(b) any electric wire for lighting any such lamp;
(c) any post, pole, standard, stay, strut, bracket or other contrivance for carrying, suspending or supporting any such electric wire or lamp;
(d) any property of the Corporation in any street; and no person shall wilfully extinguish the light or damage the appurtenance of any such lamp.

Chapter XI REGULATION OF STREETS.

426. Persons accidentally breaking lamp to repair the damage

Statutory text

If any person shall through negligence or accident, break any lamp set up in any public street or municipal market, garden or public place or building vesting in the Corporation, or shall break or damage any property of the Corporation on any street, he shall pay the expenses of repairing the damage so done by him.

Chapter XI REGULATION OF STREETS.

427. Measures for watering streets

Statutory text

The Commissioner may-

(a) take measures for having the public streets watered at such time and seasons and in such manner as he shall think fit;
(b) procure and maintain such vehicles, animals apparatus as he shall think fit for the said purpose.

Chapter XII BUILDING REGULATIONS.

428. Notice to be given to Commissioner of intention to erect a building

Statutory text

(1) Every person who intends to erect a building shall give to the Commissioner notice of his said intention in a form, obtained for this purpose under section 435, specifying the position of the building intended to be erected, the description of building, the purpose for which it is intended, its dimensions and the name of the person whom he intends to employ to supervise its erection.
(2) In this Chapter and wherever occurring in this Act to erect or re-erect a building means —
- (i) any material alteration or enlargement of any building;
- (ii) the conversion by structural alteration into a place for human habitation of any building not originally constructed for human habitation;
- (iii) the conversion of one or more places of human habitation into a greater number of such places;
- (iv) the conversion of two or more places of human habitation into a lesser number of such places;
- (v) such alteration of a building as would effect a change in its drainage or sanitary arrangements or materially effect its security;
- (vi) the addition of any rooms, buildings, out houses or other structures to any building;
- (vii) conversion by any structural alteration into a place of religious worship or into a sacred building, any place or building not originally meant or constructed for such purpose;
- (viii) to roof or cover an open space between walls or buildings as regards the structure which is formed by roofing or covering such space;
- (ix) to convert into a stall, shop, ware house or godown any building not originally constructed for use as such or vice versa;
- (x) to construct on a wall adjoining any street or land not vested in the owner of the wall, a door opening on such street or land.

Chapter XII BUILDING REGULATIONS.

429. Commissioner may require plans and other documents to be furnished

Statutory text

(1) At any time within thirty days after receipt of any notice under section 428, the Commissioner may, by written notice, require the person who has given the notice first hereinbefore in this section mentioned, to furnish to the Commissioner all or any of the following documents, namely:—
- (a) correct plans and sections of every floor of the building intended to be erected or re-erected which shall be drawn to a scale of not less than one inch to every eight feet and shall show the position, form, dimensions and means of ventilation and of access to the several parts of such building and its appurtenances and the particular part or parts thereof which are, and those which are not, intended to be used for human habitation and in the case of a building intended to be used as a dwelling house for two or more families or for carrying on any trade or business in which number of people exceeding twenty may be employed or as a place of public resort, the means of ingress and egress. Such plans and sections shall also show the depth and nature of the foundation and the proposed dimensions of all the walls, posts, columns, beams, joints and all girders and scantlings to be used in the walls, stair cases, floors and roofs of such building; 313[(aa) a copy of the title deed of the land duly attested by a Gazetted Officer of the Government together with an urban land ceiling clearance certificate or as the case may be an affidavit referred to in section 388.]
- (b) a specification of each description of work proposed to be executed and of the materials to be employed. Such specification shall include a description of the proposed method of drainage of the buildings intended to be erected or re-erected and of the sanitary fittings to be used and also of the means of water supply and shall if required by the Commissioner be supplemented by detailed calculations showing the sufficiency of the strength of any part of such building;
- (c) a block plan of such building which shall be drawn to the scale of the largest revenue survey map at the time being in existence for the locality in which the building is, or is to be situated and shall show the position and appurtenances of the properties, if any, immediately adjoining, the width and level of the street, if any, in front and of the street, if any, at the rear of such building, the levels of the foundations and of the lowest floor of such building and of any yard or ground belonging thereto and the means of access to such building;
- (d) a plan showing the intended line of drainage of such building, and the intended size, depth and inclination of each drain, and the details of the arrangement proposed for the ventilation of the drains.
(2) At any time within the said period the Commissioner may also by written notice require the said person to open for inspection any portion or portions of the foundations or walls of the existing building.

Chapter XII BUILDING REGULATIONS.

430. Commissioner may require plan, etc., submitted under last preceding section to be prepared by a licensed Surveyor

Statutory text

The Commissioner may decline to accept any plan, section or description as sufficient for the purposes of the last preceding section, which does not bear the signature of a licensed surveyor in token of its having been prepared by such surveyor or under his supervision.

Chapter XII BUILDING REGULATIONS.

431. Additional information and the attendance of the person who gave the notice may be required

Statutory text

If the notice given under section 428 and the documents, if any, furnished under section 429 do not supply all the information which the Commissioner deems necessary to enable him to deal satisfactorily with the case, the Commissioner may, at any time within thirty days after receipt of the said documents, by written notice, require the production of such further particulars and details as he deems necessary.

Chapter XII BUILDING REGULATIONS.

432. Effect of non-compliance with requisition made under section 429 or section 431

Statutory text

If any requisition made under section 429 or 431 is not complied with, the notice given under section 428 shall be deemed not to have been given.

Chapter XII BUILDING REGULATIONS.

433. Notice to be given to the Commissioner of intention to make additions, etc., to buildings

Statutory text

Every person who shall intend—

(a) to make any addition to a building; or
(b) to make any alteration or repairs to a building; not being a frame-building, involving the removal or re-erection of any external or party-wall thereof or of any wall which supports the roof thereof, to an extent exceeding one-half of such wall above the plinth level, such half to be measured in superficial feet; or
(c) to make any alteration or repairs to a frame-building, involving the removal or re-erection of more than one-half of the posts in any such wall thereof as aforesaid or involving the removal or re-erection of any such wall thereof as aforesaid to an extent exceeding one-half of such wall above the plinth level, such half to be measured in superficial feet; or
(d) to make any alteration in a building involving:—
- (i) the sub-division of any room in such building so as to convert the same into two or more separate rooms;
- (ii) the conversion of any passage or space in such building into a room or rooms; or
(e) to remove or reconstruct any portion of a building abutting on a street which stands within the regular line of such street; Shall give to the Commissioner in a form obtained for the purpose under section 435 notice of his intention, specifying the portion of the building in which such work is to be executed, the nature and extent of the intended work, the particular part or parts, if any, of such work which is or are intended to be used for human habitation and the name of the person whom he intends to employ to supervise its execution.

Chapter XII BUILDING REGULATIONS.

434. Plans and additional information may be called for

Statutory text

(1) If any notice given under the last preceding section does not supply all the information which the Commissioner deems necessary to enable him to deal satisfactorily with the case, he may at any time within thirty days after receipt of the said notice, by written notice, require the person who gave the notice first hereinbefore in this section mentioned to furnish plans and sections of the building and of the intended new work or of any specified portion thereof and the provisions of sections 429, 430, 431 and 432 shall apply to the intended new work so far as the Commissioner may consider them to be applicable.
(2) The Commissioner may also, at any time within the said period by written notice require the said person to open for inspection any portion or portions of the foundations or walls of the existing building.

Chapter XII BUILDING REGULATIONS.

435. Printed forms of notices to be supplied to the public

Statutory text

(1) The Commissioner shall cause printed forms of notices for the purposes of section 428 or 433 to be delivered to any person requiring the same, on payment of such fee not exceeding eight annas for each form as shall from time to time be determined in this behalf by the Commissioner, with the approval of the Standing Committee.
(2) There shall be printed on the reverse of every such form of notice, or on a separate paper supplied without extra charge therewith, a copy of sections 428, 429, 430, 431, 432, 433, 434, 436, 437, 438, 440, 444, 445, 446, 447, 448 and 449 and of all bye-laws made under sub-sections (9),
(12) and (13) of section 586 at the time in force.

Chapter XII BUILDING REGULATIONS.

436. Supervision of buildings and works

Statutory text

Every person who intends to newly erect a building or execute any such work as is described in section 433, shall erect the building or execute the work in such manner, under such supervision, through such qualified agency, and subject to such conditions and restrictions as may be regulated by the bye-laws.

Chapter XII BUILDING REGULATIONS.

437. When building or work may be proceeded with

Statutory text

If within thirty days after receipt of any notice under section 428 or 433, or of the plan, section, description or further information, if any, called for under sections 429,431 or 434 as the case may be, the Commissioner fails to intimate in writing, to the person who has given the said notice, his disapproval of the building which the said person proposes to erect or of the work which he proposes to execute, or, if, within the said period the Commissioner signifies in writing to the said person his approval of the said building or work, the said person may, at any time within one year from the date of the delivery of the notice to the Commissioner, proceed with the said building or work in accordance with his intention as described in the notice or in any of the documents aforesaid, but not so as to contravene any of the provisions of this Act or any bye-law made thereunder.

Chapter XII BUILDING REGULATIONS.

438. Building or work which is disapproved by the Commissioner may be proceeded with, subject to terms

Statutory text

(1) If the Commissioner disapproves of any building or work of which notice has been given as aforesaid or of any portion or detail thereof, by reason that the same will contravene some provision of this Act or some bye-law made thereunder or will be unsafe, he may, at any time within thirty days of the receipt of the notice or of the plan, section, description or further information if any, called for under section 429, 431 or 434 as the case may be, by a written notice intimate to the person who gave the notice first hereinbefore in this section mentioned his said disapproval and the reason for the same, and specified terms subject to which the building or work may be deemed to be approved by him.
(2) The person who gave the notice concerning any such building or work may proceed with the same, subject to the terms specified as aforesaid but not otherwise, at any time within one year from the date of receipt by him under sub-section (1) of the written notice in this behalf, but not so as to contravene any of the provisions of this Act or any bye-law made thereunder.

Chapter XII BUILDING REGULATIONS.

439. Power to the Commissioner to withhold disposal of plans in certain circumstances

Statutory text

(1) Notwithstanding anything contained in sections 437 and 438, if in any case it appears to the Commissioner that public improvements, which may render necessary the acquisition of the site of any building or work or any part of such site, are desirable and expedient, he may by order in writing direct that no further action shall be taken in pursuance of a notice given under section 428 or section 433 for a period not exceeding three months from the date of such notice.
(2) The Commissioner may issue a like order if in any case it appears to him that any site as aforesaid is likely to be affected by any one of the following, namely :—
- (a) determining a regular line of a public street;
- (b) determining a fresh line in substitution for the existing regular line of a public street;
- (c) extending or altering a public street;
- (d) any scheme for widening or modifying a private street.
(3) If within the said period of three months the public improvements referred to in sub-section (1) or any of the matters referred to in sub-section (2) have been given final effect so as to have the result referred to in sub-section (1) or sub-section (2), the notice given under section 428 or section 433 shall be deemed to have lapsed.
(4) If any case is not covered by sub-section (3) the notice given under section 428 or section 433 shall be deemed to have been renewed as on the date on which the period of three months mentioned in sub-section (1) expired.

Chapter XII BUILDING REGULATIONS.

440. When work may be commenced

Statutory text

(1) No person shall commence to erect or re-erect any building or to execute any such work as is described in section 428—
- (a) until he has given notice of his intention as hereinbefore required to erect or re-erect such building or execute such work and the Commissioner has either intimated his approval of such building or work or failed to intimate his disapproval thereof within the period specified in this behalf in section 437 or 438;
- (b) until he has given notice to the City Engineer of the proposed date of commencement. Where the commencement does not take place within seven clear days of the date so notified, the notice shall be deemed not to have been given;
- (c) after the expiry of the period of one year specified in sections 437 and 438 respectively, for proceeding with the same.
(2) If a person, who is entitled under sections 437 and 438 to proceed with any building or work, fails so to do within the period of one year specified in the said sections, respectively for proceeding with the same he may at any subsequent time give a fresh notice of his intention to erect or re-erect such building or execute such work, and thereupon the provisions hereinbefore contained shall apply as if such fresh notice were a first notice of such person's intention.

Chapter XII BUILDING REGULATIONS.

441. Building not to be converted to other purposes without the permission of the Commissioner

Statutory text

No person shall, without the written permission of the Commissioner,—

(a) use or permit to be used for human habitation any part of a building not originally constructed or authorised to be used for that purpose, or
(b) convert into, or use, or permit to be used, as a chawl or building intended to form a range or separate rooms for lodgers, a building not originally designed or authorised to be so used.

Chapter XII BUILDING REGULATIONS.

442. Building for human habitation not to be used as godown, etc

Statutory text

No person shall without written permission of the Commissioner or otherwise than in conformity with the terms of such permission use or permit to be used any building or any part of a building originally constructed, or authorised to be used for human habitation as a godown, warehouse, workshop, workplace, factory, stable or a motor garage.

Chapter XII BUILDING REGULATIONS.

443. No alterations to be made in buildings for human habitation without written permission of Commissioner

Statutory text

No person shall without the written permission of the Commissioner or otherwise than in conformity with the terms of such permission make any alteration or cause any alteration to be made in an existing building originally constructed or authorised to be used for human habitation for the purpose of using it or causing it to be used as a godown, warehouse, workshop, workplace, factory, stable or motor garage.

Chapter XII BUILDING REGULATIONS.

444. Provisions as to buildings which are to be newly erected

Statutory text

With respect to buildings which are to be newly erected the following provisions shall have effect, namely:—

(a) The erection of any such building on either side of a new street may be disapproved by the Commissioner, unless and until such new street has been levelled, metalled or paved, sewered and drained to the satisfaction of the Commissioner [and the drainage betterment charges as fixed by the Commissioner, from time to time, have been paid.]
(b) The erection of any such building in any part of the City in which the position and direction of the streets likely to be required in the future, have not yet been laid down or determined shall, with the assent of the Standing Committee, be disapproved by the Commissioner, unless the site proposed for such building is in the opinion of the Commissioner, such as, with reference to the positions occupied by the buildings, if any, already existing in the neighbourhood, will admit of the construction in the future of one or more new streets convenient for the occupiers of all the buildings in the neighbourhood and for the purposes of drainage, water supply and ventilation: Provided that any person whose building is so disapproved may, by written notice to the Commissioner, require that the position and direction of the future streets in the vicinity of his intended building be forthwith laid down and determined, and if such requisition be not complied with within six months from the date thereof, may, subject to all other provisions of this Act applicable thereto, proceed with the erection of his building.
(c) The foundation of any such building shall not be constructed on any site which has been filled up with, or has been used as a place for depositing, excrementitious matter or the carcases of dead animals or other filthy or offensive matter, until such matter shall have been properly removed to the satisfaction of the Commissioner.
(d) Every such building intended to be used as dwelling shall be built with a plinth at least two feet above the centre of the nearest street and not below such standard level as may be fixed by the Commissioner in this behalf.
(e) In addition to any means of ventilation required by any bye-law made under this Act every such building intended to be used as a dwelling shall be so constructed that the whole of at least one side of every room thereof shall either be an external wall or abut on an interior open space. Such external wall, except where it faces a street of not less than fifteen feet in width, shall have between it and the boundary line of the owner's premises an open space, extending throughout the entire length of such wall, at least two feet wide or, in the case of a chawl or building intended to form a range of separate rooms for lodgers at least five feet wide. Such interior open space shall have an area equal to not less than one tenth of the aggregate floor-area of all the rooms abutting thereon and shall not be in any direction less than six feet across. And every open space, whether exterior or interior required by this clause, shall be and be kept free from any structure thereon and open to the sky, and shall be and kept open to access from each end thereof.
(f) Every room intended to be inhabited in any such building, except a room in the roof thereof, shall be in every part at least ten feet in height from the floor to the ceiling.
(g) Every such room in the roof of any such building shall have an average height of at least eight feet from the floor to the ceiling and a minimum height of not less than four feet.
(h) Every such room shall have a clear superficial area of not less than one hundred square feet.
- (i) In addition to any means of ventilation required by any bye-law made under this Act every such room shall be ventilated by means of doors or windows which open directly into the external air and have an aggregate opening equal to not less than one-fourth of the superficial area of the side of the room which faces an open space.
(j) Huts or sheds or ranges or blocks of huts or sheds, whether the same are to be used as dwellings or stables or for any other purpose, shall be built, if the Commissioner thinks fit so to require —
- (i) so that they may stand in regular lines, with a free passage or way in front of and between every two lines of such width as the Commissioner thinks proper for ventilation and for facilitating, scavenging; and
- (ii) with such and so many privies, latrines or urinals and such means of drainage as the Commissioner deems necessary; and
- (iii) at such a level as will suffice for the means of drainage required by the Commissioner.

Chapter XII BUILDING REGULATIONS.

445. Roofs and external walls of buildings not to be of inflammable materials

Statutory text

(1) No external wall and no covering of a roof built or renewed since the coming into force of this Act shall, except with the written permission of the Commissioner, consist of wood, cloth, canvas, grass, leaves, mats or any other inflammable material.
(2) If any external wall or covering of a roof is or has been, since the coming into force of this Act, constructed of any such material, the Commissioner may, by written notice, require the owner or occupier of the building to which such wall or roof appertains to remove such wall or covering.

Chapter XII BUILDING REGULATIONS.

446. Maximum height of buildings

Statutory text

(1) Except with the written permission of the Commissioner, no building shall be erected or raised to a greater height than seventy feet as measured from the level of the centre of the street in front —
- (a) in the case of a pitched roof, up to the tie-beam of the roof, and
- (b) in the case of a flat roof up to the surface of the roof.
(2) In the case of a pitched roof, the roof above that height shall rise at an angle of not more than forty-five degrees.
(3) In the case of a flat roof, a parapet of not more than three feet in height may be constructed above the maximum height specified in sub-section (1).

Chapter XII BUILDING REGULATIONS.

447. Height of buildings with reference to width of streets

Statutory text

Subject to the maximum fixed by section 446, the height to which a building may be erected or raised shall be regulated by the width of the street on which it abuts, in accordance with the following provisions, namely:-

(1) if the width of the street does not exceed twenty-six feet, the building shall not be erected or raised to a height greater than one and one-half times the width of the street;
(2) if the width of the street exceeds twenty-six feet but does not exceed forty feet, the building shall not be erected or raised to a height greater than forty feet; and
(3) if the width of the street exceeds forty feet, the building shall not be erected or raised to a height greater than the width of such street;
(4) where the building abuts upon more than one street its height shall be regulated by the wider of such streets so far as it abuts upon such wider street and also, to a distance of eighty feet from such wider street, so far as it abuts upon the narrower of such streets: Provided that, if the face of the building is set-back from the street at any height not exceeding the height specified in sub-section (1), sub-section (2), or sub-section (3), as the case may be, such building may be erected or raised to a height greater than that so specified but not so that any portion of the building shall intersect any of the series of imaginary straight lines drawn from the line of set-back, in the direction of the portion set-back, at an angle of forty-five degrees with the horizontal.

(a) submission of building plans to the competent authority duly paying all categories of fee and charges;
(b) the construction shall be subject to the condition that all parameters laid down in relevant statutes, Master Plan, Zonal Development Plan, Building Bye-laws, Building Rules and other relevant Government Orders including Telangana Fire Service Act, 1999 and the National Building Code are satisfied;
(c) payment of penalty equivalent to thirty three percent (33%) of the various categories of fees and charges payable by the applicant for obtaining building permission in addition to the regular fee and other charges payable.

Chapter XII BUILDING REGULATIONS.

455AA. Regulation and penalisation of construction of buildings in deviation of sanctioned plan

Statutory text

AA. Notwithstanding anything in the Act, the Municipal Commissioner may regulate and penalise the constructions of buildings, made by the owner, or by an individual as the case may be, unauthorisedly or in deviation of the sanctioned plan [as on 28/10/2015] as a one time measure, as per the procedure and by levying such penal amount as may be prescribed and upon payment of such amount all pending or contemplated proceedings and action of enforcement shall be deemed to have been withdrawn and the competent authority shall issue necessary Occupancy Certificate to the owner or the individual as the case may be.]

Chapter XII BUILDING REGULATIONS.

456. Removal of structures, trees, etc., which are in ruins or likely to fall

Statutory text

(1) If it shall at any time appear to the Commissioner that any structure (including under this expression any building, wall, parapet, pavement, floor, steps, railings, door or window frames or shutters or roof, or other structure and anything affixed to or projecting from or resting on, any building, wall, parapet or other structure is in ruinous condition or likely to fall, or is in any way dangerous to any person occupying, resorting to or passing by, such structure or any other structure or place in the neighbourhood thereof, the Commissioner may, by written notice, require the owner or occupier of such structure to do one or more of the following things, namely:—
- (i) to pull down,
- (ii) to secure,
- (iii) to remove, or
- (iv) to repair such structure or thing, and to prevent all cause of danger therefrom.
(2) The Commissioner may also, if he thinks fit, require the said owner or occupier by the said notice, either forthwith or before proceeding to pull down, secure, remove or repair the said structure or things, to set up a proper and sufficient hoard or fence for the protection of passers-by and other persons, with a convenient platform and hand-rail, if there be room enough for the same the Commissioner shall think the same desirable, to serve as footway for passengers outside of such hoard or fence.
(3) If it appears to the Commissioner that the danger from a structure which is ruinous or about to fall is imminent, he may, before giving notice as aforesaid or before the period of notice expires, fence off, take down, secure or repair the said structure or take such steps or cause such work to be executed as may be required to arrest the danger.
(4) Any expenses incurred by the Commissioner under sub-section (3) shall be paid by the owner or occupier of the structure. (5)
- (a) Where the Commissioner is of opinion whether on receipt of an application or otherwise that the only or the most convenient means by which the owner or occupier of structure such as is referred to in sub-section (1) can pull down, secure, remove or repair such structure, is by entering any of the adjoining premises belonging to some other person the Commissioner after giving such person a reasonable opportunity of stating any objection may, if no such objection is raised or if any objection which is raised appears to him invalid or insufficient, by an order in writing, authorise the said owner or occupier to enter such adjoining premises.
- (b) Every such order bearing the signature of the Commissioner shall be a sufficient authority to the person in whose favour it is made, or to any agent or person employed by him for this purpose, after giving to the owner of the premises reasonable written notice of his intention so to do, to enter upon the said premises with assistants and workmen, at any time between sunrise and sun set, and to execute the necessary work.
- (c) In executing any work under this section as little damage as possible shall be done to the adjoining owner‘s property, and the owner or occupier of premises for the benefit of which the work is done, shall —
  - (i) cause the work to be executed with the least practicable delay;
  - (ii) pay compensation to any person who sustains damage by the execution of the said work.

Chapter XII BUILDING REGULATIONS.

457. Precautions in case of dangerous trees

Statutory text

(1) If any tree or any branch of a tree or the fruit of any tree be deemed by the Commissioner to be likely to fall and thereby to endanger any person or any structure the Commissioner may by notice require the owner of the said tree to secure, lop or cut down, the said tree so as to prevent any danger therefrom.
(2) If immediate action is necessary the Commissioner may himself before giving such notice or before the period of notice expires secure, lop or cut down the said tree or remove the fruit thereof or fence off a part of any street or take such temporary measures, as he thinks fit, to prevent danger, and the cost of so doing shall be recoverable from the owner of the tree in the manner provided in section 641.

Chapter XII BUILDING REGULATIONS.

458. Precautions in case of dangerous tanks, wells, holes, etc

Statutory text

(1) If any tank, pond, well, hole-stream, dam, bank or other place be deemed by the Commissioner to be for want of sufficient repair, protection or enclosure, dangerous to the passers-by or to persons living in the neighbourhood, the Commissioner may by notice require the owner to fill in, remove, repair, protect or enclose the same so as to prevent any danger therefrom.
(2) If immediate action is necessary the Commissioner may himself before giving such notice or before the period of notice expires take such temporary measures as he thinks fit to prevent danger and the cost of doing so shall be recoverable from the owner in the manner provided in section 641.

Chapter XII BUILDING REGULATIONS.

459. Opportunity for stating objections

Statutory text

The Commissioner shall issue a notice under sub-sections (1) and (2) of section 456, sub-section (1) of 457 or sub-section (1) of section 458, after giving the owner or occupier, as the case may be, a reasonable opportunity of stating any objection and adducing evidence, if any, and after being satisfied that the objection which is raised is invalid or insufficient.

Chapter XII BUILDING REGULATIONS.

460. Periodic inspection of buildings

Statutory text

(1) It shall be incumbent on the owner of every building to maintain every part thereof and everything appurtenant thereto in such repair as to prevent its becoming dangerous.
(2) The Commissioner may by written notice require the owner of any building to get the building inspected at such intervals and in such manner as may be specified in the bye-laws.
(3) The owner shall within two months of an inspection under sub-section (2) undertake such repairs as the inspection shall show to be necessary for the purpose of securing the stability of the structure within the meaning of section 456 after complying with all the provisions of this Act and the rules and bye-laws in regard to such repairs and shall, on completion of such repairs, submit to the Commissioner a certificate signed by the person who made the inspection, of his having carried out the repairs satisfactorily.
(4) A report of every inspection made, under sub-section (2) shall forthwith be submitted to the Commissioner by the person who carried it out and the Commissioner may take such action in respect of such building as he deems fit under this section or under any other provision of this Act if the owner fails to comply with the requirements of sub-section (3).
(5) The expenses incurred by the Commissioner under sub-section (4) shall be paid by the owner.

Chapter XII BUILDING REGULATIONS.

461. Powers of Commissioner to direct removal of person directing unlawful work

Statutory text

(1) If the Commissioner is satisfied that the erection or re-erection of any building or the execution of any such work as is described in section 433 has been unlawfully commenced or is being unlawfully carried on upon any premises he may, by written notice, require the person directing or carrying on such erection or re-erection or execution of work to stop the same forthwith.
(2) If such erection or re-erection or execution of work is not stopped forthwith, the Commissioner may direct that any person directing or carrying on such erection or re-erection or execution of work shall be removed from such premises by any police officer and may cause such steps to be taken as he may consider necessary to prevent the re-entry of such person on the premises without his permission.
(3) The cost of any measures taken under sub-section (2) shall be paid by the said person.
(4) Notwithstanding anything contained in the Act, any person who, whether at his own instance or at the instance of any other person or any body including a department of the Government undertakes or carries out construction or development of any land in contravention of the statutory master plan or without permission, approval or sanction or in contravention of any condition subject to which such permission, approval or sanction has been granted shall be punished with imprisonment for a term which may extend to three years, [or with fine which shall be levied as provided in Schedules (U) and (V) of the Act read with section 596 of the Act.]]

Chapter XII BUILDING REGULATIONS.

461A. Powers to seal unauthorised construction/ development of premises

Statutory text

[461-A.

(1) It shall be lawful for the Commissioner, at any time, before or after making an order for the removal or discontinuance of any unauthorized development or construction under section 461, to make an order directing the sealing of such development or property or taking the assistance of police, for the purpose of carrying out the provisions of the Act.
(2) Any person aggrieved by an order of the Commissioner made under sub-section (1) may, within seven days from the date of the order, prefer an appeal against the order to the Municipal Buildinng Tribunal appointed under section 462-A.
(3) Where an appeal is preferred under sub-section (2) against an order made under sub-section (1), the Municipal Building Tribunal may stay the enforcement of the order on such terms, and for such period, as it may think fit.
(4) Save as provided in this section, no court shall entertain any suit, appeal, application or other proceeding for injunction or other relief aganist the Commissioner to restrain him from taking any action or making any order in pursuance of the provisions of this section.
(5) Every order made by the Municipal Building Tribunal on appeal and, subject to such order, the order made by the Commissioner under sub-section (1) shall be final and conclusive.
(6) Where no appeal has been preferred against an order made by the Commissioner under sub-section (1) or where an order under that sub-section has been confirmed on appeal, whether with or without modification, the Commissioner shall take action to implement the order made under sub-section (1).
(7) No person shall remove such seal except,-
- (a) under an order made by the Commissioner, or
- (b) under an order of the Municipal Building Tribunal on the appeal made in this behalf.]

Chapter XII BUILDING REGULATIONS.

462. Power of Commissioner to cause any building to be vacated in certain circumstances

Statutory text

(1) Notwithstanding the provisions of any other law to the contrary the Commissioner may, by written notice, order any building or any portion thereof to be vacated forthwith or within the time specified in such notice —
- (a) if such building or portion thereof has been unlawfully occupied in contravention of section 455;
- (b) if a notice has been issued in respect of such building or part thereof requiring the alteration or re-construction of any existing staircase, lobby, passage, or landing and the works specified in such notice have not yet been commenced or completed;
- (c) if the building or part thereof is in a ruinous or dangerous condition within the meaning of section 456.
(2) In every such notice the Commissioner shall clearly specify the reasons for requiring such building or portion thereof to be vacated.
(3) The affixing of such written notice on any part of such premises shall be deemed a sufficient notice to the occupiers of such building or portion thereof.
(4) On the issue of a notice under sub-section (1) every person in occupation of the building or portion thereof to which the notice relates shall vacate such building or portion as directed in the notice and no person shall, so long as the notice is not withdrawn, enter the building or portion thereof except for the purpose of carrying out any work which he may lawfully carry out.
(5) The Commissioner may direct that any person who acts in contravention of sub-section (4) shall be removed from such building or part thereof by any police officer.
(6) The Commissioner shall, on the application of any person who has vacated any premises in pursuance of a notice under sub-section (1), reinstate such person in the premises on the withdrawal of such notice, unless it is in his opinion impracticable to restore substantially the same terms of occupation by reason of any structural alterations or demolition.
(7) The Commissioner may direct the removal from the said premises by any police officer of any person who obstructs him in any action taken under sub-section (6) and may also use such force as is reasonable and necessary to effect entry in the said premises.

Chapter XII BUILDING REGULATIONS.

462A. Municipal Building Tribunal

Statutory text

[462-A.

(1) The State Government shall appoint a Municipal Building Tribunal or Tribunals (hereinafter referred to in this section as ―the Tribunal‖) to hear and decide appeals arising out of matters referred to in section 452 or section 461-A and to adjudicate the offences relating to contravention of provisions of the Act mentioned in Schedule-U and Schedule-V in respect of Chapter-XII, namely Building Regulations under sections 596 and 597 in accordance with such procedure, and to realize such fees or fines in connection with such appeals as may be prescribed.
(2) The Tribunal shall consist of a Chairperson and such number of other members, not exceeding eight as the State Government may determine. The members shall consist of judicial members and technical members.
(3) The Chairperson may constitute one or more Benches, each Bench comprising at least two members one of whom shall be a judicial member and another a technical member.
(4) The Chairperson or a judicial member shall be a person who is or has been a District Judge.
(5) A technical member shall be a person who is working in the cadre of Director of Town and Country Planning in Telangana Town Planning Service.
(6) The Chairperson and the other members of the Tribunal shall be appointed by the State Government for such period, and on such terms and conditions, as the State Government may determine and shall be paid from the Municipal Fund.
(7) The State Government may, if it thinks fit, remove for reason of incompetence or misconduct or for any other good or sufficient reason the Chairperson or any other member of the Tribunal.
(8) The Tribunal shall have an establishment consisting of such officers and other employees, appointed on such terms and conditions, as may be prescribed, and the expenses of the Tribunal shall be paid out of the Municipal Fund.
(9) The provisions of Part II and Part III of the Limitation Act, 1963 (Central Act No. 36 of 1963), relating to appeal shall apply to every appeal preferred under this section.
(10) No court shall have jurisdiction in any matter for which provision is made in this Chapter for appeal to the Tribunal.]

Chapter XII BUILDING REGULATIONS.

463. Power to regulate future construction of certain classes of buildings in particular streets or localities

Statutory text

(1) The Commissioner may give public notice of his intention to declare, subject to any valid objection that may be preferred within a period of three months —
- (a) that in any street or portions of street specified in such notice that elevation and construction of the frontage of all buildings or any classes of buildings thereafter erected or re-erected shall in respect of their architectural features be such as the Corporation may consider suitable to the locality;
- (b) that in any localities specified in the notice there shall be allowed the construction of only detached or semi-detached buildings or both and that the land appurtenant to each such building shall be of an area not less than that specified in such notice;
- (c) that the minimum size of building plots in particular localities shall be of a specified area;
- (d) that in any localities specified in the notice the construction of more than a specified number of houses on each acre of land shall not be allowed; or
- (e) that in any streets, portions of streets or localities specified in such notice the construction of shops, warehouses, factories, huts or buildings designed for particular uses shall not be allowed without the special permission of the Commissioner granted in accordance with general regulations framed by the Standing Committee in this behalf and subject to the terms of such permission only.
(2) The Standing Committee shall consider all objections received within a period of three months from the publication of such notice, and shall then submit the notice with a statement of objections received and of its opinion thereon to the Corporation.
(3) No objection received after the said period of three months shall be considered.
(4) Within a period of two months after the receipt of the same the Corporation shall submit all the documents referred to in sub-section (2) with a statement of its opinion thereon to Government.
(5) Government may pass such orders with respect to such declaration as it may think fit: Provided that such declaration shall not thereby be made applicable to any street, portion of a street or locality not specified in the notice issued under sub-section (1).
(6) The declaration as confirmed or modified by Government shall be published in the *Telangana Gazette and shall take effect from the date of such publication.
(7) No person shall erect or re-erect any building in contravention of such declaration.

Chapter XII BUILDING REGULATIONS.