Chapter IX - Powers and Offences in Karnataka Municipalities Act, 1964
Powers and Offences.
Section 175 - Power regarding streets, etc.
(1) It shall be lawful for the municipal council to lay out and make new public streets, and to construct tunnels and other works subsidiary to the same, and to widen, open, enlarge, or otherwise improve any such streets, and to turn, divert, discontinue, or close any such streets, and subject to the provisions of sub-sections (1), (2) and (3) of section 72 to lease or sell any such land theretofore used oracquired by the municipal council for the purposes of such streets, as may not be required for any public street or for any other purpose of this Act:
Provided that no public street vesting in the municipal council shall be diverted, discontinued or closed before the municipal council publishes its intention of doing so and calls for objections and obtains the approval of the Government or such other officer as may be authorised by Government to whom a copy of the resolution of the council and the objections thereto shall be forwarded.
(2) In laying out or making or in turning, diverting, widening, opening, enlarging, or otherwise improving any public street, in addition to the land required for the carriage way and foot way and drains thereof, the municipal council may purchase the land necessary for the houses and buildings to form the said street, and subject to the provision contained in sub-sections (1), (2) and (3) of section 72 may sell such additional land or lease for a term of years, with such stipulations as to the class and description of houses or buildings to be erected thereon as it may deem fit.
Section 176 - Power to require repair of streets and to declare such streets public
(1) When the municipal council considers that in any street, not being a public street, or in any part of such street, within the1[municipal area], it is necessary for the public health, convenience or safety that any work should be done for the levelling, paving, metalling, flagging, channelling, draining, lighting or cleaning thereof, the municipal council may by written notice require the respective owners of the lands or buildings fronting, adjoining or abutting upon such street or part thereof, to carry out such work in such manner and within such time as may be specified in such notice.
(2) After such work has been carried out by such owners or as providedin section 264 by the municipal council at the expense of such owners, the street or part thereof in which such work has been done, shall on the joint requisition of a majority of the said owners, be declared by a public notice, put up therein by the municipal council, to be a public street.
(3) If the notice under sub-section (1) is not complied with and such workis executed by the municipal council as provided in section 264, the expenses thereby incurred shall be apportioned by the municipal council, between such owners in such manner as it may think fit, regard being had, if it deems it necessary, to the amount and value of any work already done by the owners or occupiers of any such lands or buildings.
_______________________________
1. Substituted by Act 36 of 1994 w.e.f. 1.6.1994.
Section 177 - Power to declare any street a public street subject to objections by owners
A municipal council may, at any time, by notice fixed up in any street or part of a street not maintainable by the municipal council give intimation of its intention to declare the same to be public street, and unless within one month next after such notice has been so put up, the owner or the majority of several owners of such street or such part of a street, lodges or lodge objections thereto at the municipal office, the municipal council may, by notice in writing put up in such street, or such parts, declare the same to be a public street.
Section 178 - Temporary closure of streets
The municipal council may, by an order in writing temporarily close any street to traffic for repair, or in order to carry out any work connected with drainage, water supply or lighting or any of the purposes of this Act:
Provided that the municipal council shall with all reasonable speed cause the repair or work to be completed.
Section 179 - The regular line of public street
(1) It shall be lawful for the municipal council to prescribe, with the sanction of the Government, a line on either side or both sides of any public street within the1[municipal area], and the municipal council may, from time to time, with the like sanction, prescribe a fresh line in substitution of any line so prescribed or for any part thereof:
Provided that, --
(a) at least one month previous to prescribing such line or such fresh line, as the case may be, the municipal council shall notify the same in the official Gazette and shall give public notice of it and it shall also put up special notice thereof in the street or part of the street for which such line or such fresh line is proposed to be prescribed and shall further give notice to the owners or occupiers of the lands affected by such alignment;
(b) the municipal council shall consider any written objection or suggestion in regard to such proposal delivered at the office of the municipal council within such time as it may specify in such public or special notice; and
(c) the municipal council shall prepare a map of the area comprised within the said line and the street concerned and a statement specifying the lands enclosed therein which shall be open for the inspection of the public.
(2) The line for the time being so prescribed shall be called the 'regular line of the public street'.
_______________________________
1. Substituted by Act 36 of 1994 w.e.f. 1.6.1994.
Section 180 - Control of construction of buildings within regular line of streets
(1) Except under the provisions of section 208, no person shall construct or reconstruct any portion of any building, within the regular line of the public street without the permission of the municipal council under section 187.
(2) Where the municipal council refuses permission to construct or reconstruct any building in any area within the regular line of the public street, such area shall thenceforth be acquired by the municipal council and deemed part of the public street.
(3) Compensation, the amount of which shall, in case of dispute be ascertained and determined in the manner provided in section 268 shall be paid by the municipal council to the owner of any land acquired by the municipal council under sub-section (2) for the value of the said land and also for any loss, damage, or expense incurred by him in consequence of any action taken or order passed by the municipal council under the said sub-section.
(4) Whoever contravenes the provisions of sub-section (1), shall be punished with fine which may extend to two hundred rupees; and the municipal council may, --
(a) direct that the building be stopped, and
(b) by a written notice, require such building or portion thereof to be altered or demolished as it may deem necessary.
Section 181 to 193 - Powers to regulate buildings, etc.
Section 181 - Setting back projecting buildings
(1) If any part of a building projects beyond the regular line of a public street as prescribed under section 179 or beyond the front of the building on either side thereof, the municipal council may, --
(a) if the projecting part thereof is a verandah, step or some other structure external to the main building, then at any time, or
(b) if the projecting part is not such external structure as aforesaid, then whenever the greater portion of such building or whenever any material portion of such projecting part has been taken down or burnt down or has fallen down, require by written notice either that the part, or some portion of the part, projecting beyond the said regular line or beyond the said front of the adjoining building on either side thereof, shall be removed, or that such building when being rebuilt shall be set back to or towards the said regular line or the front of such building; and the portion of the land added to the street by such setting back or removal shall thenceforth be deemed part of the public street and be vested in the municipal council.
(2) If any land, not vested in the municipal council whether open or enclosed, lies within the regular line of a public street and is not occupied by a building other than a platform, verandah, step or other external structure, the municipal council, after giving the owner of the land not less than fifteen clear days' written notice of its intention, or if the land is vested in the Government, then with the permission in writing of the Deputy Commissioner, may take possession of the said land with its enclosing wall, hedge or fence, if any, and, if necessary, clear the same; and the land so acquired shall thenceforward be deemed a part of the public street, and shall vest in the municipal council.
(3) Compensation, the amount of which shall in case of dispute be ascertained and determined in the manner provided in section 268, shall be paid by the municipal council to the owner of any land added to a street under sub-section (1) or acquired under sub-section (2), for the value of the said land, and to the owner of any building for any loss, damage or expense incurred by such owner in consequence of any action taken by the municipal council under either of the said sub-sections, provided that no such compensation shall be payable in cases to which section 213 applies.
(4) When the amount of compensation has been so ascertained and determined or when a ruinous or dangerous building falling under sub-section (1) has been demolished under the provisions of section 213 the municipal council may, after tendering the amount of compensation, if any, as may be payable, take possession of the land so added to the street, and, if necessary, may clear the same.
Section 182 - Setting forward the regular line of street
(1) The municipal council may upon such terms as it thinks fit, allow any building to be set forward for improving the line of any public street in which such building is situated.
(2) If the land which will be included in the premises of any personpermitted under sub-section (1) to set forward a building belongs to the municipal council, the permission of the municipal council to set forward the building shall be a sufficient conveyance to the said owner of the said land and the price to be paid to the municipal council by the said owner for such land and the other terms and conditions of the conveyance shall be set forth in the said permission.
Section 183 - Buildings at corner of streets
(1) The municipal council may require any building intended to be erected at the corner of two streets to be rounded off or splayed off to such height and to such extent or otherwise as it may determine, and may acquire such portion of the site at the corner as it may consider necessary for public convenience or amenity.
(2) For any land so acquired, the municipal council shall pay compensation.
(3) In determining such compensation, allowance shall be made for any benefit accruing to the same premises from the improvement of the street.
Section 184 - Roofs and external walls of buildings not to be made of inflammable materials
(1) The external roofs and walls of buildings erected or renewed after the coming into force of this Act shall not be made of grass, wood, cloth, canvas, leaves, mats or other inflammable materials except with the written consent of the municipal council which may be given either specially in individual cases, or generally in respect of any area specified therein.
(2) The municipal council may, at any time, by written notice, require the owner of any building which has an external roof or wall made of any such materials as aforesaid, to remove such roof or wall within such reasonable time as shall be specified in the notice, whether such roof or wall was or was not made before the date on which this Act came into force, and whether it was made with or without the consent of the municipal council.
(3) Whoever, without such consent as is required by sub-section (1), makes, or causes to be made, or in disobedience to the requirements of a notice given under sub-section (2) suffers to remain, any roof or wall of such materials as aforesaid, shall be punished with fine which may extend to twenty-five rupees, and with a further fine which may extend to ten rupees for every day on which the offence is continued after the date of the first conviction.
Section 185 - Level of buildings
No building shall be built upon a lower level than will allow of the drainage thereof being led into some public sewer or drain either then existing or proposed by the municipal council, or into some stream or river, or into the sea or some cesspool or other suitable place which may be approved by the municipal council.
Section 186 - Rat-proof building for warehouse for storing grain
Subject to the provisions of any law regulating the construction of warehouses, the municipal council may require that any building, used or intended to be used as a warehouse for the storage of grain, shall be protected or erected so as to render such building rat-proof and may for this purpose prescribe the plan and the design to be adopted and the materials to be used for such building.
Section 187 - Notice of new buildings
(1) Before beginning to construct any building, or to alter externally or add to any existing building, or to construct or reconstruct any projecting portion of a building in respect of which the municipal council is empowered by section 181 to enforce a removal or set back, or to construct or reconstruct which the municipal council is empowered by section 179 to give permission, the person intending so to construct, alter, add or reconstruct shall give to the municipal council notice thereof in writing and shall furnish to it at the same time, a plan showing the levels at which the foundation and lowest floor of such building are proposed to be laid, by reference to some level known to the municipal council, and all information required by the bye-laws or demanded by the municipal council regarding the limits, dimension, design, ventilation and materials of the proposed building, and the intended situation and construction of the drains, sewers, privies, water-closets and cesspools, if any, to be used in connection therewith, and the location of the building with reference to any existing or projected streets, and the purpose for which the building will be used.
(2) No construction or reconstruction referred to in sub-section (1) shallbe begun unless and until permission for the execution of the work is granted under this section.
(3) Save as otherwise provided in this Act or the rules and bye-laws madethereunder, the municipal council may, --
(a) either give permission to construct, alter, add or reconstruct according to the plan and information furnished, or
(b) impose in writing conditions, in accordance with this Act and the rules and bye-laws made thereunder, as to level, drainage, sanitation, design, materials or to the dimensions and cubical contents of rooms, doors, windows, and apertures for ventilation or to the number of storeys to be erected, or with reference to the location of the building in relation to any existing building or street, existing or proposed, or the purpose for which the building is to be used, or
(c) direct that the work shall not be proceeded with, unless and until all questions connected with the respective location of the building, and any such street have been decided to its satisfaction, or
(d) refuse permission to construct, alter, add or reconstruct according to the plan and information furnished, in the undermentioned circumstances, the reasons for refusal being stated in the order:--
(i) that the work or the use of the site for the work or any of the particulars comprised in the site-plan, ground-plan, elevations, sections, or specifications would contravene some specified provision of any law or some specified order, rule, declaration or bye-law made under any law;
(ii) that the application for such permission does not contain the particulars or is not prepared in the manner required under rules or byelaws;
(iii) that any of the documents referred to in sub-section (1) have not been signed as required under rules or bye-laws;
(iv) that any information or documents required by the municipal council under the rules or bye-laws have not been duly furnished;
(v) that streets or roads have not been made as required by section 170;
(vi) that the proposed building would be an encroachment upon Government or municipal land;
(vii) that the site of such building does not abut on a street or a proposed street, and there is not access to such building from any such street by a passage or pathway appertaining to such site and not less than twelve feet wide at any part;
(viii) that the person so applying has no right to the land in question or has no right to construct, alter, add or reconstruct;
(ix) that the land on which any building is proposed to be erected or any building situated on which is proposed to be altered, added to or reconstructed is required by the municipal council and action to acquire it is being taken:
Provided that the direction under clause (c) shall not be in force after one year from the date on which the direction is given.
(4) Before issuing any orders under sub-section (3), the municipal councilmay, within one month from the receipt of such notice, either issue, -
(a) a provisional order directing that for a period, which shall not be longer than one month from the date of such order, the intended work shall not be proceeded with, or
(b) may demand further particulars.
(5) A building proposed in a notice given under sub-section (1) may beproceeded with in such manner, as may have been specified in such notice, as is not inconsistent with any provision of this Act or any rule or bye-law for the time being in force thereunder, in the following cases, that is to say:--
(a) in case the municipal council, within one month from the receipt of the notice given under sub-section (1), has neither, --
(i) passed orders under sub-section (3), and served notice thereof in respect of the intended work; nor
(ii) issued under sub-section (4), any provisional order or any demand for further particulars;
(b) in case the municipal council having issued such demand for, and having received in accordance with the bye-laws in force in this behalf, such further particulars, has issued no further orders within one month from the receipt of such particulars.
(6) No person who becomes entitled under sub-section (3) or sub-section(5) to proceed with any intended work of which notice is required by sub-section (1), shall commence such work after the expiry of the period of one year from the date on which he first became entitled so to proceed therewith, unless a fresh application is made under sub-section (1) and fresh permission is granted under sub-section (3) or deemed to be granted under sub-section (5).
(7) The Municipal Commissioner or Chief Officer may inspect any building during the construction, reconstruction or erection thereof and if he finds that the work, --
(a) is otherwise than in accordance with the plans or specifications which have been approved, or
(b) contravenes any of the provisions of this Act or any rule, bye-law, order or declaration made under this Act, he may by notice require the owner of the building within a period stated either, --
(i) to show cause why such alterations should not be made; or
(ii) to make such alterations as may be specified in the said notice with the object of bringing the work into conformity with the said plans, specifications or provisions.
if the owner does not show cause as aforesaid, he shall be bound to make the alterations specified in such notice. If the owner shows cause as aforesaid the Municipal Commissioner or Chief Officer shall by an order cancel the notice or confirm the same subject to such modifications as he may think fit.
(8) Notwithstanding anything contained in this section, the MunicipalCommissioner or Chief Officer may at any time stop the construction, reconstruction or erection of any building if in his opinion the work in progress endangers human life.
(9) (a) If the Municipal Commissioner or Chief Officer is satisfied, --
(i) that the construction, reconstruction or erection of a building, --
(A) has been commenced without obtaining the permission of the municipal council; or
(B) is being carried on, or has been completed otherwise than in accordance with the plans or particulars on which the permission was granted; or
(C) is being carried on, or has been completed in breach of any of the provisions of this Act or of any rule or bye-law made under this Act or of any direction or requisition lawfully given or made under this Act or such rules or bye-laws, or
(ii) that any alterations required by any notice issued under sub-section (8) have not been duly made, he may make a provisional order requiring the owner or the builder to demolish the work done, or so much of it as, in the opinion of the Municipal Commissioner or Chief Officer, has been unlawfully executed, or make such alterations as may, in the opinion of the Municipal Commissioner or Chief Officer, be necessary to bring the work into conformity with this Act, rules, bye-laws, direction or requisition as aforesaid, or with the plans or particulars on which such permission was based, and may also direct that until the said order is complied with, the owner or builder shall refrain from proceeding with the building.
(b) The Municipal Commissioner or Chief Officer shall serve a copy of the provisional order made under clause (a) on the owner of the building together with a notice requiring him to show cause within a reasonable time not being less than three days, to be specified in the notice why the order should not be confirmed.
(c) If the owner fails to show cause to the satisfaction of the Municipal Commissioner or Chief Officer, he may confirm the order, with any modification he may think fit to make and such order shall then be binding on the owner.
(d) If within a reasonable time mentioned in the order made underclause (c), the owner does not comply with it, the Municipal Commissioner or Chief Officer may take any measures or do anything which may, in his opinion, be necessary for giving due effect to the order.
(e) The Municipal Commissioner or Chief Officer may recover anyreasonable expenses incurred under clause (d) from the person to whom the order was addressed in the same manner as tax on building under this Act, and may in taking measures utilise any materials found on the property concerned or may sell them and apply the sale proceeds towards the payment of the expenses incurred.
Explanation.--The expression "to erect a building" throughout this Chapter includes, --
(a) any material alteration, enlargement or reconstruction of any building, or of any wall including compound wall and fencing, verandah, fixed platform, plinth, doorstep, or the like whether constituting part of a building or not;
(b) the conversion into a dwelling house of any building not originally constructed for human habitation or, if originally so constructed subsequently appropriated for any other purpose;
(c) the conversion into more than one dwelling house of a building originally constructed as one dwelling house only;
(d) the conversion of two or more places of human habitation into a greater number of such places;
(e) the conversion into a place of religious worship or into a building for a sacred purpose of any building not originally constructed for such purpose;
(f) the conversion into a stall, shop, warehouse or godown, stable, factory or garage of any building not originally constructed for use as such or which was not so used before the change;
(g) such alteration of the internal arrangements of a building as affect its drainage, ventilation or other sanitary arrangements, or its security or stability; and
(h) the addition of any rooms, buildings or other structures to any building;
and a building so altered, enlarged, re-constructed, converted or added to, shall, for the purpose of this Chapter be deemed to be new building.
(10) If within a period of six months from the date on which permissionis refused under sub-clause (ix) of clause (d) of sub-section (3) the land is not acquired by the municipal council or if within such period, an application has not been made to the Deputy Commissioner for the institution of proceedings for compulsory acquisition under the provisions of the Land Acquisition Act, 1894, or if the municipal council abandons the proposal to acquire the land, the Municipal Commissioner or Chief Officer shall intimate the person concerned that the refusal to build or alter is withdrawn and the application shall be further considered on merits.
Section 187A - Regularisation of certain unlawful buildings
1[(1) Notwithstanding anything contained in this Act, when construction of any building is completed in contravention of Section 187 and building bye-laws, the Municipal Commissioner or the Chief Officer, as the case may be, may regularise building constructed prior to the date of commencement of the Karnataka Town and Country Planning and Certain Other Laws (Amendment) Act, 2004, subject to the following restrictions and such rules as may be prescribed and on payment of the amount specified in sub-Section (2), namely.-
(a) Where the building is built abutting the neighboring property or where the set back provided is less than the limit prescribed in bye-laws, violation upto twenty-five per cent in case of non-residential buildings and fifty per cent in case of residential buildings shall be regularised;
(b) No development made in the basement or usage in contravention of bye-law shall be regularised;
(c) The construction of a building shall not be regularised if it violates the building line specified on any given road unless the owners of such building furnish an undertaking that the space between the building line and the road or footpath or margin will be given up free of cost at any time when required for the purpose of widening the road in question;
(d) The provisions of sub-sections (2) to (14) of Section 76-FF of the Karnataka Town and Country Planning Act, 1961, shall apply mutatis mutandis for regularisation of building under this Section and the application being made to the Municipal Commissioner or the Chief Officer, as the case may be.
(2) Regularisation of any construction under this Section shall be subject to payment of the prescribed amount which may be different for different types of contravention of building bye-laws:
Provided that the amount so prescribed shall not be less than.-
(i) ten per cent of the market value, determined in accordance with the Karnataka Stamp Act, 1957 and rules made thereunder, of the portion of the building built in violation of the provisions referred to above, if such violation of set back norms and permissible floor area ratio does not exceed twenty-five per cent;
(ii) twenty-five per cent of the market value, determined in accordance with the Karnataka Stamp Act, 1957 and the rules made thereunder, of the portion of the building built in violation of the provisions referred to above, if such violation of set back norms and permissible floor area ratio exceeds twenty-five per cent but does not exceed fifty per cent:
Provided further that where the portion of the building is built in violation of the provisions referred to above is being used or meant for non-residential purpose and amount payable for regularisation of such portion shall be.-
(a) twenty-five per cent of the market value, determined in accordance with the Karnataka Stamp Act, 1957 and the rules made thereunder, of the portion of the building built in violation of the provisions referred to above, if such violation of set back norms and permissible floor area ratio does not exceed twelve and a half per cent;
(b) forty per cent of the market value, determined in accordance with the Karnataka Stamp Act, 195 7 and the rules made thereunder, of the portion of the building built in violation of the provisions referred to above, if such violation of set back norms and permissible floor area ratio exceeds twelve and a half per cent but does not exceed twenty-five per cent.
(3) No person shall be liable to pay fine or fee for regularisation under any other law if he has paid regularisation fee under this Act for the same violations.
(4) All payments made under sub-Section (1) shall be credited to a separate fund kept in the concerned Local/Planning Authority called the Urban Areas Infrastructure Development fund which shall be utilised in such manner, for the development of infrastructure, civic amenities, lighting, parks, drinking water, drainage system and for any other infrastructure, as may be prescribed.]
________________________________________________
1. Inserted by the Karnataka Town and Country Planning and Certain Other Laws (Amendment) Act, 2004.
Section 187B - Penalty against jurisdictional officer failing to prevent unauthorised deviations or constructions
1[The jurisdictional officer who is proved to have failed to prevent unauthorised deviation or construction that have taken place in his jurisdiction shall be liable for such punishment as may be prescribed".]
_____________________________________________
1. Inserted by the Karnataka Town and Country Planning and Certain Other Laws (Amendment) Act, 2004.
Section 188 - Sanction accorded under mis-representation
If at any time after the sanction for any building or work has been accorded, the Municipal Commissioner or Chief Officer is satisfied that such sanction was accorded in consequence of any material misrepresentation or fraudulent statement contained in the notice given or information furnished under section 187, he may by order in writing cancel such sanction for reasons to be recorded in writing and any building or work commenced, erected or done shall be deemed to have been commenced, erected or done without such sanction:
Provided that before making any such order the Municipal Commissioner or Chief Officer shall give a reasonable opportunity to the person affected to show cause as to why such order should not be made.
Section 189 - Power of Government to prohibit the erection of buildings in certain areas without permission
(1) Notwithstanding anything contained in this Act, the Government may, in the public interest and after consulting the municipal council, prohibit by notification the erection of any building within a specified area in a1[municipal area], except with the permission granted by the Government in this behalf:
Provided that such permission shall not be refused in the case of land which has been set apart as a building site by the Government or the municipal council prior to the publication of such notification.
(2) The grant of any permission under sub-section (1) may be subject to such conditions as may be fixed by the Government in each case or prescribed generally.
(3) Whoever erects any building contrary to the provisions of sub-section (1) or the conditions imposed under sub-section (2) shall, be punished with fine which may extend to two hundred rupees.
(4) The Government may demolish any building erected contrary to the provisions of sub-section (1) or the conditions imposed under sub-section (2).
_______________________________
1. Substituted by Act 36 of 1994 w.e.f. 1.6.1994.
Section 190 - Completion certificates: permission to occupy or use
(1) Every person erecting a building or executing a work as is described in sub-section
(1) of section 187 shall, within one month after the completion of the erectionof such building or the execution of such work, deliver or send or cause to be delivered or sent to the Municipal Commissioner or Chief Officer at his office a notice in writing of such completion, and shall give to the officer of the municipal council deputed for the purpose all necessary facilities for the inspection of such building or of such work:
Provided that, --
(a) such inspection shall be commenced within seven days from the date of receipt of the notice of completion; and
(b) the Municipal Commissioner or Chief Officer may, not later than one month from the date of receipt of notice of completion, 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 building to which such notice relates, --
(i) give permission for the occupation of such building or for the use of the building or part thereof affected by such work, or
(ii) refuse such permission in case such building has been erected or such work executed so as to contravene any provision of this Act, or of any rule or bye-law made under this Act at the time in force or of any order passed under sub-section (3) of section 187 intimating to the person who gave the notice under sub-section (1) of section 187 the reasons for such refusal and requiring such person, or, if the person responsible for giving notice under sub-section (1) of section 187 is not at the time of such notice the owner of such building or work, then such owner, to cause anything which is contrary to any provision of this Act or of any rule or bye-law made under this Act at the time in force or of any order passed under sub-section (3) of section 187 to be amended or to do anything which by any such provision or rule or bye-law or order he is required to do but has omitted to do.
(2) No person shall occupy or permit to be occupied any such building, or use or permit to be used the building or part thereof affected by any such work, until, --
(a) the permission referred to in proviso (b) to sub-section (1) has been received, or
(b) the Municipal Commissioner or Chief Officer has failed for one month after the receipt of the notice of completion, to intimate as aforesaid his refusal of the said permission.
(3) Whoever contravenes the provisions of this section or fails to complywith any order or requisition made thereunder shall be punished with fine which may extend to one hundred rupees and in the case of a continuing contravention or non-compliance, with an additional fine which may extend to ten rupees for every day during which such contravention or noncompliance continues after the conviction for the first such contravention or non-compliance.
Section 191 - Regulation of huts
It shall not be lawful for any person to erect any hut, shed or range or block of huts or sheds, or to add any hut or shed to any range or block of huts or sheds already existing when this Act comes into operation, without giving previous notice to the municipal council and obtaining its permission and the municipal council may require such huts or sheds to be built 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 municipal council may think proper for ventilation and to facilitate scavenging, and at such a level as will admit of sufficient drainage, and may require such huts to be provided with such number of privies and such means of drainage as to it may seem necessary. If any hut or shed or range or block is built without giving such notice to the municipal council, the municipal council may give written notice to the owner or builder thereof or to the owner or occupier of the land on which the same is erected or is being erected, requiring him within such reasonable time as shall be specified in the notice to take down and remove the same, or to make such alterations therein or additions thereto as, having regard to the sanitary considerations, the municipal council may think fit.
Section 192 - Improvement of huts
(1) (a) Whenever the Municipal Commissioner or Chief Officer is of opinion that any huts or sheds, whether used as dwellings or stables or for any other purposes, and whether existing at the time when this Act comes into force, or subsequently erected, are by reason, --
(i) of insufficient ventilation or of the manner in which such huts or sheds are crowded together, or
(ii) of the want of a plinth or of a sufficient plinth or of sufficient drainage, or
(iii) of the impracticability of scavenging, attended with risk of disease to the inhabitants of the neighborhood, he shall cause a notice to be affixed to some conspicuous part of each such hut or shed, requiring the owner or occupier thereof, or the owner of the land on which such hut or shed is built, within such reasonable time as may be fixed by the Municipal Commissioner or Chief Officer for that purpose to take down and remove such hut or shed, or to execute such operations as the Municipal Commissioner or Chief Officer may deem necessary for the avoidance of such risk.
(b) Any person aggrieved by an order of the Municipal Commissioneror Chief Officer under clause (a) may apply to the municipal council to cancel, amend or revise such order, and the municipal council may, on such application cancel, amend or otherwise revise the order.
(2) In case any such owner or occupier shall refuse or neglect to takedown and remove such huts or sheds, or to execute such operations within the time appointed, the Municipal Commissioner or Chief Officer may cause the said huts or sheds to be taken down, or such operations to be performed in respect of such huts or sheds as he may deem necessary to prevent such risk.
(3) If such huts or sheds are pulled down by the Municipal Commissioneror Chief Officer, he shall cause the materials of each hut or shed to be sold separately, if such sale can be effected, and the proceeds, after deducting all expenses, shall be paid to the owner of the hut or shed, or if the owner is unknown or the title disputed, shall be held in deposit by the municipal council until the person interested therein shall obtain an order of a competent court for the payment of the same:
Provided that, in case any huts or sheds, existing at the time when the land on which they are situate, first became part of a1[municipal area] should be pulled down under this section by order of the Municipal Commissioner or Chief Officer or in pursuance of his notice, compensation shall further be made to the owner or owners thereof and the amount thereof, in case of dispute, shall be ascertained and determined in the manner provided in section 268.
_______________________________
1. Substituted by Act 36 of 1994 w.e.f. 1.6.1994.
Section 193 to 197 - Power connected with drainage, water works, etc.
Section 193 - Municipal control over drains, etc.
(1) All sewers, drains, privies, water-closets, house-gullies and cesspools within the municipality shall be under the survey and control of the municipal council.
(2) All covered sewers and drains, all cesspools, whether public or private, shall be provided by the municipal council or other person to whom they severally belong, with proper traps, or other coverings or means of ventilation and the municipal council may, by written notice, call upon the owner of any such covered sewers, drains or cesspools to make provision accordingly.
Section 194 - Powers for making drains
(1) In order to carry out any drainage scheme, it shall be lawful for a municipal council to carry any drain, sewer, conduit, tunnel, culvert, pipe or water-course 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 the1[municipal area].
(2) The municipal council or any officer appointed by it for such purpose may enter upon and construct any new drain in the place of an existing drain in any land wherein any drain vested in the municipal council has been already constructed, or may repair or alter any drain vested in the municipal council.
(3) In the exercise of any power under this section, no un-necessary damage shall be done, and compensation, which shall, in case of dispute, be ascertained and determined in the manner provided in section 268 shall be paid by the municipal council to any person who sustains damage by the exercise of such power.
_______________________________
1. Substituted by Act 36 of 1994 w.e.f. 1.6.1994.
Section 195 - Sufficient drainage of houses
(1) If any building or land is at any time under drained, or not drained to the satisfaction of the municipal council, the municipal council may, by written notice call upon the owner to construct or lay from such building or land a drain or pipe of such size and materials, at such level, and with such fall as it thinks necessary for the drainage of such building or land into, --
(a) some drain or sewer, if there is a suitable drain or sewer within fifty feet of any part of such building or land, or
(b) a covered cesspool to be provided by such owner.
(2) It shall not be lawful newly to erect any building or to rebuild anybuilding, or to occupy any building newly erected or rebuilt, unless and until, --
(a) a drain is constructed, of such size, materials and description, at such level, and with such fall, as shall appear to the municipal council to be necessary for the effectual drainage of such building, or
(b) there have been provided for and set up in such building and in the land appurtenant thereto all such appliances and fittings as may appear to the municipal council to be necessary for the purposes of gathering and receiving the drainage from, and conveying the same off, the said building and the said land and of effectually flushing the drain of the said building and every fixture connected therewith.
(3) 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 fifty feet from such building; but if there is no such drain or place within that distance, then such drain shall empty into such cesspool as the municipal council directs.
Section 196 - Power of owners and occupiers of buildings or lands to drain into municipal drains
The owner or occupier of any building or land within the 1 [municipal area] shall be entitled to cause his drain to empty into sewers of the municipal council, provided that he first obtains the written permission of the municipal council, and that he complies with such conditions as the municipal council prescribes, as to the mode in which and the superintendence under which the communications are to be made between drains not vested in the municipal council and drains which are so vested.
_______________________________
1. Substituted by Act 36 of 1994 w.e.f. 1.6.1994.
Section 197 - Right to carry drain through land or into drain belonging to other persons
(1) If the owner or occupier of any building or land desire to connect the same with any municipal drain by means of a drain to be constructed through land, or to be connected with a drain, belonging to or occupied by or in the use of some other person, he may make a written application in that behalf to the Municipal Commissioner or Chief Officer.
(2) Thereupon the Municipal Commissioner or the Chief Officer after giving to such other person a reasonable opportunity of stating any objection to such application may, if no objection is raised or if any objection which is raised in his opinion is insufficient, by an order in writing authorise the applicant to carry his drain into, through, or under the said land, or into the said drain, as the case may be, in such manner and on such conditions as to the payment of rent or compensation, and as to the respective responsibilities of the parties for maintaining, repairing, flushing, clearing and emptying the said drains as may appear to him to be adequate and equitable.
(3) Every such order shall be a complete authority to the person in whose favour it is made, or to any agent or other person employed by him for this purpose, after giving or tendering to the owner, occupier or user of the said land or drain the compensation or rent, if any, specified in the said order, and otherwise fulfilling as far as possible the conditions of the said order, and after giving to the said owner, occupier, or user reasonable notice in writing, to enter upon the land specified in the said order with assistants and, workmen at any time between sunrise and sunset and, subject to the provisions of this Act, to do all such work as may be necessary, --
(a) for the construction or connection of the drain, as may be authorised by the said order;
(b) for renewing, repairing, or altering the same as may be necessary from time to time; or
(c) for discharging any responsibility attaching to him under the terms of the order as to maintaining, repairing, flushing, cleaning or emptying the said drain or any part thereof.
(4) In executing any work under this section as little damage as possible shall be done, and the owner or occupier of the buildings or lands 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 any portion of any building or other construction opened, broken up or removed for the purpose of executing the said work; and
(c) pay compensation to any person who sustains damage by the execution of the said work.
Section 198 - Rights of owner of land through which drain is carried in regard to subsequent building thereon
If the owner of any land into, through or under which a drain has been carried under section 197 whilst such land was not built upon shall at any subsequent time desire to construct a building thereon, the Municipal Commissioner or the Chief Officer, subject to the control of the standing committee, shall, if he sanctions the construction of such building, by written notice require the owner or occupier of the building or land, for the benefit of which such drain was constructed, to close, remove or divert the same, and to fill in, reinstate and make good the land in such manner as he may deem to be necessary, in order to admit of the construction or safe enjoyment of the proposed building.
Section 199 - Provision of privies, etc.
(1) In case the municipal council is of opinion that any privy, or cesspool, or additional privies, or cesspools, should be provided in or on any building or land, or shifted or removed from any building or land or, in any municipal area in which a water-closet system has been introduced, that water closets should be substituted for the existing privies in or on any building or land, or that additional water-closets should be provided therein or thereon, the municipal council may, by written notice, call upon the owner of such building or land to provide such privies, cesspools or water-closets as the municipal council may deem proper.
(2) The municipal council, may, by written notice, require any person or persons employing workmen or labourers exceeding twenty in number, or owning or managing any market, school or theatre or other place of public resort, to provide such latrines and urinals as the municipal council may direct, and to cause the same to be kept in proper order, and to be daily cleansed.
(3) The municipal council may, by written notice, require the owner or occupier of any land upon which there is a privy or urinal to have such privy or urinal shut out, by a sufficient roof and a wall or fence, from the view of persons passing by or resident in the neighborhood, or to alter as it may direct any privy-door or trap-door which opens on to any street, and which it deems to be a nuisance.
Section 200 - Cost of altering, repairing and keeping in proper order privies, etc.
(1) All sewers, drains, privies, water-closets, house-gullies and cesspools within the1[municipal area] shall, unless constructed at the cost of the municipal council, be altered, repaired, and kept in proper order at the cost and charges of the owners of the land and buildings to which the same belong, or for the use of which they are constructed or continued, and the municipal council may, by written notice, require such owner to alter, repair and put the same in good order in such manner as it thinks fit.
(2) The municipal council may, by written notice, require the owner todemolish or close any privy or cesspool, whether constructed before or after the coming into force of this Act, which, in the opinion of the municipal council, is a nuisance, or is so constructed as to be inaccessible for the purpose of scavenging or incapable of being properly cleansed or kept in good order.
_______________________________
1. Substituted by Act 36 of 1994 w.e.f. 1.6.1994.
Section 201 - Power to close existing private drains
When any building or land within the1[municipal area] has a drain communicating with any cesspool or sewer, the Municipal Commissioner or Chief Officer, if he considers that such drain, though it may be sufficient for the drainage of such building or land and though it may be otherwise unobjectionable, is not adapted to the general sewerage of the locality, may, subject to the control of the standing committee, close such drain and such cesspool or sewer, whether they are or are not on land vested in the municipal council, on providing a drain or drains equally effectual for the drainage of such building or land, and the Municipal Commissioner or Chief Officer may, subject as aforesaid do any work necessary for the purpose.
_______________________________
1. Substituted by Act 36 of 1994 w.e.f. 1.6.1994.
Section 202 - Power in respect of sewers, etc., unauthorisedly constructed, rebuilt or unstopped
The Municipal Council may, by written notice require that any sewer, drain, privy, urinal, watercloset, house-gully or cesspool on any land within the municipal limits, constructed, or rebuilt or unstopped, --
(a) after such land became part of a1[municipal area], and
(b) either without the consent or contrary to the orders, directions or general regulations or bye-laws of the municipal council, or contrary to the provisions of any enactment in force at the time when it was so constructed, rebuilt or unstopped,
shall be demolished, or altered, as it may deem fit, by the person by whom it was so constructed, rebuilt or unstopped, and every person so constructing, rebuilding or unstopping, any such sewer, drain, privy, water-closet, house-gully or cesspool, whether he does or does not receive such notice, or does or does not comply therewith, shall, in addition to any penalty to which he may be liable on account of such non-compliance, be punished with fine which may extend to twenty-five rupees.
_______________________________
1. Substituted by Act 36 of 1994 w.e.f. 1.6.1994.
Section 203 - Encroachment on municipal drains, etc.
(1) Whoever, without the written consent of the municipal council first obtained, makes or causes to be made any drain into or out from any of the sewers or drains vested in the municipal council, shall be punished with fine which may extend to twenty-five rupees, and the municipal council may, by written notice, require such person to demolish, alter, re-make or otherwise deal with such drain as it may think fit.
(2) No building shall be newly erected or rebuilt over any sewer, drain, culvert or gutter vested in the municipal council without the written consent of the municipal council, and the municipal council may, by written notice, require the person who may have erected or rebuilt such building to pull down or otherwise deal with the same as it may think fit.
Section 204 - Inspection of drains, etc.
(1) The municipal council or any officer appointed by it for such purposes may, subject to the provisions of this Act, inspect any sewer, drain, privy, water closet, house-gully or cesspool, and for that purpose, at any time between sunrise and sunset, may enter upon any lands or buildings with assistants and workmen and cause the ground to be opened where he or it may think fit, doing as little damage as may be.
(2) The expense of such inspection, and of causing the ground to beclosed and made good as before, shall be borne by the municipal council unless the sewer, drain, privy, water-closet, house-gully or cesspool is found to be in bad order or condition, or was constructed in contravention of the provisions of any enactment, or of any bye-law of the municipal council in force at the time, in which case such expenses shall be paid by the owner of such sewer, drain, privy, water-closet, house-gully or cesspool, and shall be recoverable in the same manner as an amount claimed on account of any tax recoverable under Chapter VII.
Section 205 - Municipal council may execute certain works without allowing option to persons concerned of executing the same
(1) The municipal council may, if it thinks fit, cause any work of the nature to which any of the provisions of sections 193 to 204 applies, to be executed by municipal or other agency under its 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 municipal council shall, by a general or special order or resolution, sanction the execution of such work at the charge of the municipal fund.
(3) Any pipes, fittings, receptacles, or other appliances for or connected with the drainage of private buildings or lands shall, if supplied, constructed or erected at the expense of the municipal council, be deemed to be municipal property, unless the municipal council shall have transferred its interest therein to the owner of such buildings or lands.
Section 206 - Power of carrying water mains, etc.
The water supply department of the Government or the municipal council, as the case may be, in whom the duty of construction and maintenance of water works for supply of water to the 1 [municipal area] vests, shall have the same powers and be subject to the same restrictions for carrying, renewing and repairing water mains, pipes and ducts within or without the 1 [municipal area] as the municipal council has and is subject to, under the provisions hereinbefore contained for carrying, renewing and repairing drains within the 1 [municipal area].
_______________________________
1. Substituted by Act 36 of 1994 w.e.f. 1.6.1994.
Section 207 - Works to be done by licensed plumber or licensed water supply contractor
(1) No person other than a licensed plumber or licensed water supply contractor shall execute any work concerned with drainage or water supply and no person shall permit any such work to be executed except by a licensed plumber or licensed water supply contractor:
Provided that if in the opinion of the Municipal Commissioner or Chief Officer the work is of a trivial nature permission may be granted in writing for the execution of such work by a person other than a licensed plumber or licensed water supply contractor.
(2) Every person who employs a licensed plumber or licensed water supply contractor to execute any work shall when so required furnish to the Municipal Commissioner or Chief Officer the name of such plumber or contractor.
(3) When any work is executed except in accordance with the provisions of sub-section (1), such work shall be liable to be dismantled by the municipal council without prejudice to the right of the council to prosecute under this Act the person at whose instance such work has been executed.
(4) If any licensed plumber or licensed water supply contractor contravenes any bye-law made under clause (cc) of sub-section (1) of section 324 or of the conditions of his licence, his licence may be suspended or cancelled whether he is prosecuted under this Act or not.
(5) Whoever contravenes the provisions of sub-section (1) or (2), shallbe punished with fine which may extend to twenty-five rupees.
Section 208 to 212 - Powers regarding external structures, etc.
Section 208 - Permission necessary for certain projections
(1) The municipal council may give written permission to the owners or occupiers of buildings in public streets to put up open verandahs, balconies or rooms, to project from any upper storey thereof, at such height from the surface of the street as the municipal council may fix by bye-laws from time to time, and to an extent not exceeding four feet beyond the line of the plinth or basement wall and may prescribe the extent to which and the conditions under which roofs, eaves, weather-boards, shop-boards and the like may be allowed to project over such streets.
(2) Any such owner or occupier putting up any such projections asaforesaid without such permission or in contravention of such orders, shall be punished with fine which may extend to twenty-five rupees, and if any such owner or occupier fails to remove any such projection as aforesaid in respect of which he has been convicted under this section, he shall be punished with further fine which may extend to five rupees for each day on which such failure or neglect continues.
(3) The municipal council may, by written notice, require the owner oroccupier of any building to remove or alter any projection, encroachment or obstruction which, whether erected before or after the site of such building became part of a1[municipal area], shall have been erected or placed against or in front of such building, and which, --
(a) overhangs or juts into or in anyway projects or encroaches upon any public street, so as to be an obstruction to safe and convenient passage along such street, or
(b) projects and encroaches into or upon any uncovered aqueduct, drain or sewer in such street, so as to obstruct or interfere with such aqueduct, drain or sewer or the proper working thereof:
Provided that the municipal council shall, if such projection, encroachment or obstruction shall have been made in any place before the date on which such place became part of a1[municipal area], or after such date with the written permission of the municipal council, make reasonable compensation to every person who suffers damage by such removal or alteration; and if any dispute shall arise touching the amount of such compensation, the same shall be ascertained and determined in the manner provided in section 268.
_______________________________
1. Substituted by Act 36 of 1994 w.e.f. 1.6.1994.
Section 209 - Troughs and pipes for rain water
The municipal council may, by written notice, require the owner of every building in any street to put up and keep in good condition, proper troughs and pipes for catching and carrying the water from the roof and other parts of such building, and for discharging the same, in such manner as it may think fit, so that it shall not fall upon the persons passing along the street or cause damage to the street.
Section 210 - Fixing of brackets, etc., to houses
The municipal council may erect or fix to the outside of any building, brackets for lamps to be lighted with oil or gas, or subject to the provisions of any law in force relating to electricity, for lamps to be lighted with electricity or otherwise, or subject to the provisions of the law in force relating to telegraphs, for telegraph wires or telephonic wires, or for the conduct of electricity for locomotive or other purposes, or such pipes as it may deem necessary for proper ventilation of sewer and waterworks, and such brackets and pipes shall be erected so as not to occasion any inconvenience or nuisance to the occupant of the said building or any others in the neighbourhood or to the public.
Section 211 - Naming streets and numbering houses
(1) The municipal council may, from time to time, cause to be put up or painted on a conspicuous part of any building at or near each end, corner, or entrance to every street, the name by which such street is to be known and may, from time to time, fix a number in a conspicuous place on the outer side of any building, or at the entrance of the enclosure thereof fronting the street:
Provided that no street shall be named or renamed by the municipal council except with the previous approval of the Government.
(2) No person shall destroy, remove, deface or in any way injure or alter 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 municipal council.
(3) Any person, --
(a) who, without the consent of the owner or occupier affixes any poster, bill, placard, or other paper or means of advertisement against or upon any building, wall, board, fence or pale, post, lamp post or the like, or
(b) who, without such consent as aforesaid writes upon soils, defaces or marks any such building, wall, board, fence or pale, post, lamppost or the like with chalk or paint or in any other way whatsoever, shall be punished with fine which may extend to twenty rupees.
Section 212 - Removal and trimming of hedges, trees, etc.
The municipal council may, by written notice, require the owner or occupier of any land so to trim or prune the hedges thereof bordering any public street that the said hedges may not exceed the height of four feet from the level of the street, and width of four feet, and to cut down, lop or trim all trees or shrubs which in any way overhang, endanger, or obstruct, or which it deems likely to overhang, endanger, or obstruct any public street or to cause damage thereto, or which so overhang any public tank, well or other provision for water supply as to pollute or be likely to pollute the water thereof.
Section 213 to 223 - Powers of promotion of public health, safety and convenience.
Section 213 - Ruinous or dangerous buildings
(1) If any building or anything affixed thereon, be deemed by the municipal council to be in a ruinous condition, or likely to fall, or in any other way dangerous to any person occupying, resorting to or passing by such building or any other building or place in the neighbourhood of such building, the municipal council shall immediately, if it appears to it to be necessary, cause a proper hoarding or fence to be put up for the protection of passers-by and other persons; and all expenses incurred by the municipal council under this sub-section shall be paid by the owner or occupier of such building, and shall be recoverable in the same manner as an amount claimed on account of any tax recoverable under Chapter VII.
(2) The municipal council shall also cause notice in writing to be given tothe owner or occupier, requiring such owner or occupier forthwith to demolish, secure, or repair such building or thing affixed thereon, as the case shall require, and if such owner or occupier does not begin to demolish, secure or repair, such building or thing within three days after the service of such notice, and complete such work with due diligence, the municipal council shall cause all or so much of such building or thing, as it shall think necessary, to be demolished, repaired, or otherwise secured:
Provided that if the danger be not imminent it shall be at the discretion of the municipal council, instead of itself causing a hoarding or fence to be put up, to issue in the first instance a notice in writing to the owner or occupier to put up a proper hoarding or fence, and in the event of the owner or occupier failing to put up within two days from the service of such notice, a hoarding or fence which the municipal council considers sufficient in the circumstances of the case, the municipal council shall at once cause such hoarding or fence to be put up and thereafter proceed as provided in subsections (1) and (2).
Section 213A - Precaution in case of dangerous trees
1 [213A. Precaution in case of dangerous trees.--
(1) If any tree or any branch of a tree or the fruit of any tree appears to the Chief Officer or the Municipal Commissioner to be likely to fall and thereby endanger any person or any structure, the Chief Officer or the Municipal 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 there from.
(2) If immediate action is necessary, the Chief Officer or Municipal Commissioner shall himself before giving such notice or before the period of such 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 other temporary measure as he thinks fit to prevent danger, and the cost of so doing shall be recoverable from the owner of the tree in the same manner as an amount claimed on account of any tax recoverable under Chapter VII.]
_______________________________
1. Inserted by Act 34 of 1966 w.e.f. 16.1.1967.
Section 214 - Powers and duties with regard to dangerous, stagnant or insanitary sources of water supply
(1) The municipal council may at any time by written notice require that the owner of, or any person who has the control over, any well, stream, channel, tank or other source of water supply shall, whether it is private property or not, --
(a) keep and maintain any such source of water supply, other than a stream, in good repair, or
(b) within a reasonable time to be specified in the notice, cleanse any such source of water supply from silt, refuse and decaying vegetation, or
(c) in such manner as the municipal council prescribes, protect any such source of water supply from pollution by surface drainage, or
(d) within twenty-four hours of such notice, repair, protect or enclose in such manner as the municipal council approves any such source of water supply, other than a stream in its natural flow, if for want of sufficient repair, protection or enclosure, such source of water supply is, in the opinion of the municipal council, dangerous to the health or safety of the public or of any persons having occasion to use or to pass or approach the same, or
(e) desist from using and from permitting others to use for drinking purposes any such source of water supply which, not being a stream in its natural flow, is proved to the satisfaction of the municipal council to be unfit for drinking, or
(f) if, notwithstanding any such notice under clause (e), such use continues and cannot, in the opinion of the municipal council, be otherwise prevented, close either temporarily or permanently or fill up or enclose or fence in such manner as the municipal council considers sufficient to prevent such use, such source of water supply as aforesaid, or
(g) drain off or otherwise remove from any such source of water supply, or from any land or premises or receptacle or reservoir attached or adjacent thereto, any stagnant water which the municipal council considers is injurious to health or offensive to the neighbourhood.
(2) If the owner or person having control as aforesaid fails or neglects to comply with any such requisition within the time required by or under the provisions of sub-section (1), the municipal council may, and if, in its opinion, immediate action is necessary to protect the health or safety of any person, shall at once, proceed to execute the work required by such notice, and all the expenses incurred therein by the municipal council shall be paid by the owner of, or person having control over, such water supply, and shall be recoverable in the same manner as an amount claimed on account of any tax recoverable under Chapter VII:
Provided that, in the case of any well or private stream or of any private channel, tank or other source of water supply, the water of which is used by the public or by any section of the public as of right, the expenses incurred by the municipal council, or necessarily, incurred by such owner or person having such control, may, if the municipal council so directs, be paid from the municipal fund.
Section 215 - Displacing pavements, etc.
(1) Whoever displaces, takes up, or makes any alteration in the pavement, gutter, flags, or other materials, of any public street, or the fences, walls, or posts thereof, or any municipal lamp, lamp-post, bracket, water-post, hydrant, or other such municipal property therein, without the written consent of the municipal council or other lawful authority, shall be punished with fine which may extend to one hundred rupees.
(2) Any person who, having displaced, taken up or made alteration inany such pavement, gutter, flags, or other materials, or in the fence, walls, posts, municipal lamps, lamp-posts, brackets, water-posts, hydrants, or other municipal property of any public street, fails to replace or restore the same to the satisfaction of the municipal council after notice to do so, shall be punished with fine which may extend to fifty rupees, and shall pay any expenses which may be incurred in restoring the same and such expenses shall be recoverable in the same manner as an amount claimed on account of any tax recoverable under Chapter VII.
Section 216 - Obstructions and encroachments upon public streets and open spaces
(1) Whoever in any place after it has become a 1 [municipal area] shall have built or set up or shall build or set up, any wall or any fence, rail, post, stall, verandah, platform, plinth, step or any projecting structure or thing, or other encroachment or obstruction except steps over drains in any public street, or shall deposit or cause to be placed or deposited any box, bale, package or merchandise or any other thing in such street, or in or over or upon, any open drain, gutter, sewer, or aqueduct, in such street, shall be punished with fine which may extend to twenty-five rupees.
(2) The municipal council shall have power to remove any such obstruction or encroachment, and shall have the like power to remove any unauthorised obstruction or encroachment of the like nature in any open space not being private property, whether such space is vested in the municipal council or not, provided that if the space is vested in the Government, the permission of the Deputy Commissioner shall have first been obtained and the expense of such removal shall be paid by the person who has caused the said obstruction or encroachment, and shall be recoverable in the same manner as an amount claimed on account of any tax recoverable under Chapter VII.
(3) Whoever, not being duly authorised in that behalf, removes earth, sand, or other material from, or makes any encroachment in or upon, any open space which is not private property shall be punished with fine which may extend to fifty rupees, and in the case of an encroachment, with further fine which may extend to ten rupees for every day on which the encroachment continues after the date of first conviction for such offence.
(4) Nothing contained in this section shall prevent the municipal council from allowing any temporary occupation of, or erection in, any public street on occasions of festivals and ceremonies, or the piling of fuel in by-streets and spaces for not more than four days, and in such manner as not to inconvenience the public or any individual, or from allowing the occupation of, or temporary erection of structure on, any such streets or spaces for any other purposes in accordance with bye-laws made under this Act.
(5) Nothing contained in this section shall apply to any projection duly authorised under sub-section (1) of section 208 or in any case where permission has been given under sub-section (4) of this section.
_______________________________
1. Substituted by Act 36 of 1994 w.e.f. 1.6.1994.
Section 217 - Hoardings to be set up during repairs, etc.
(1) Every person intending to build or take down any building, or to alter or repair the outward part of any building, in such a position or in such circumstances as that the work is likely to cause or may cause obstruction, danger or inconvenience in any street, shall before beginning such works, --
(a) first obtain a licence in writing from the municipal council so to do, and
(b) cause sufficient hoardings or fences to be put up in order to separate the building where such works are being carried on from the street, and shall maintain such hoarding or fence standing and in good condition to the satisfaction of the municipal council during such time as the public safety or convenience requires, and shall cause the same to be sufficiently lighted during the night, and shall remove the same when directed by the municipal council.
(2) Whoever contravenes any of the provisions of this section shall be punished with fine which may extend to fifty rupees, and with further fine which may extend to ten rupees for every day or night, as the case may be, on which such contravention continues after the date of the first conviction.
Section 218 - Provision of facilities when work is executed in public street
(1) When any work is being executed by the municipal council in any public street it shall, so far as may reasonably be capable, make adequate provision for, --
(a) the passage or diversion of traffic;
(b) proper access to all premises approached from such street; and
(c) any drainage, water-supply, or means of lighting, which are interrupted by reason of the execution of such work.
(2) The municipal council shall, during the construction or repair of anyof the streets, sewers, drains or other premises vested in it, take proper precaution for guarding against accident, by shoring up and protecting the adjoining buildings, and shall cause such bars, chains or posts to be fixed across or in any of the streets, to prevent the passage of carriages, carts, or other vehicles or of cattle or horses while such works are carried on, as to it shall seem proper; and the municipal council shall cause any sewer or drain or other works in streets, during the construction or repair thereof, to be sufficiently lighted and guarded during the night.
(3) Whoever takes down, alters or removes any of the said bars, chainsor posts, or removes or extinguishes any such light, without the authority or consent of the municipal council, shall be punished with fine which may extend to fifty rupees.
Section 219 - Timber not to be deposited or hole made in a street without permission
(1) No person shall, without the written permission of the municipal council or otherwise than in accordance with such conditions as may therein be prescribed, make a hole in any street, or erect or deposit thereon any timber, stone, brick, earth or other material that has been, or is intended to be, used for building and such permission shall be terminable at the discretion of the municipal council; and when such permission is granted to any person, he shall, at his own expense, cause such materials or such hole to be sufficiently fenced and enclosed until the materials are removed or the hole is filled up or otherwise made secure, to the satisfaction of the municipal council, and shall cause the same to be sufficiently lighted during the night.
(2) Whoever contravenes any of the provisions of sub-section (1) shallbe punished with fine which may extend to twenty-five rupees, and with
further fine which may extend to ten rupees for every day or night, as the case may be, on which such contravention continues after the date of the first conviction.
Section 220 - Power of municipal council to recover expenses caused by extraordinary traffic
When by a certificate of an officer of the Government Public Works Department of a rank not below that of Executive Engineer it appears to the municipal council, that having regard to the average expense of repairing roads in the neighbourhood, extraordinary expenses have been incurred by the municipal council in repairing a street by reason of the damage caused by excessive weight passing along the street or extraordinary traffic thereon, the council may recover in the Civil Court having jurisdiction from any person by or in consequence of whose order such weight or traffic has been conducted the amount of such expenses as may be proved to the satisfaction of such Court to have been incurred by such council by reason of the damage arising from such weight or traffic as aforesaid:
Provided that any person against whom expenses are or may be recoverable under this section may enter into an agreement with the municipal council for the payment to it of any amount by way of composition in respect of such weight or traffic and thereupon the person so paying shall not be subject to any proceedings under this section.
Section 221 - Dangerous quarrying
If in the opinion of the municipal council the working of any quarry, or the removal of stone, earth or other material, from the soil in any place, is dangerous to persons residing in or having legal access to the neighbourhood thereof, or creates or is likely to create a nuisance, the municipal council may, by written notice, require the owner of the said quarry or place, or the person responsible for such working or removal not to continue or permit the working of such quarry or the removing of such material or to take such order with such quarry or place as the municipal council shall direct for the purpose of preventing danger or of abating the nuisance arising or likely to arise therefrom:
Provided that if such quarry or place is vested in the Government, or if such working thereof or removal therefrom as aforesaid is being carried on by or on behalf of the Government or any person acting with the permission or under the authority of the Government or of any officer of the Government acting as such, the municipal council shall not take such action unless and until the Deputy Commissioner has consented to its so doing:
Provided further that the municipal council shall immediately cause a proper hoarding or fence to be put up for the protection of passengers near such quarry or place, if in any case referred to in this section it appears to it to be necessary in order to prevent imminent danger, and any expense incurred by the municipal council in taking action under this section shall be paid by such owner or other person as aforesaid, and shall be recoverable in the same manner as an amount claimed on account of any tax recoverable under Chapter VII.
Section 222 - Provision as to dogs
(1) The municipal council may, by public notice require that every dog, while in the streets and not being led by some person, shall be muzzled in such a way as to allow the dog freely to breathe and to drink, while effectually preventing it from biting.
(2) Subject to the provisions of sub-section (3), the municipal council maytake possession of any dog found wandering unmuzzled in any public place and may either detain such dog until its owner has claimed it, has provided a proper muzzle for it and has paid all the expenses of its detention, or cause it to be destroyed.
(3) When a dog which has been detained under the sub-section (2) iswearing a collar with the owner's name and address thereon, such dog shall not be destroyed until a letter stating the fact that it has been so detained has been sent to the said address, and the dog has remained unclaimed for three clear days:
Provided that any dog which is found to be rabid may be destroyed at any time.
(4) Any unclaimed dog and any dog, the owner of which refuses to payall the expenses of its detention, may be sold or destroyed, after having been detained for the said period of three clear days.
(5) All expenses incurred by the municipal council under this section maybe recovered from the owner of any dog which has been taken possession of or detained in the manner provided by Chapter VII.
(6) No damage shall be payable in respect of any dog destroyed under this section.
Section 223 - Provision as to keeping of pigs
(1) If it shall appear to the Municipal Commissioner or Chief Officer at any time that nuisance or annoyance is caused to the public by the keeping of pigs within the limits of the1[municipal area], the Municipal Commissioner or Chief Officer may direct by public notice that no person shall, without his written permission or otherwise than in conformity with the terms of such permission keep any pigs in any part of the1[municipal area].
(2) Whoever shall after such direction keep any pigs in any place with in the municipal limits without the permission required as aforesaid, or otherwise than in accordance with the terms thereof, shall be punished with fine which may extend to fifty rupees.
(3) Any pigs found straying may be forthwith destroyed and the carcass thereof disposed of as the Municipal Commissioner or Chief Officer shall direct. No claim shall lie for compensation for any pigs so destroyed.
_______________________________
1. Substituted by Act 36 of 1994 w.e.f. 1.6.1994.
Section 224 to 242 - Powers for the prevention of nuisance.
Section 224 - Depositing dust, etc.
(1) Whoever deposits or causes or suffers any member of his family or household to deposit any dust, dirt, dung or ashes, or garden, kitchen or stable refuse, or filth of any kind, or any animal matter or any broken glass or earthenware or other rubbish or any other thing that is or may be a nuisance, in any street or in any arch under a street or in any drain beside a street or on any open space or on the bank of any river, water-course or nallah, except at such places, in such manner and at such hours as shall be fixed by the municipal council, and whoever commits or suffers any member of his family to commit nuisance in any such place as aforesaid, shall be punished with fine which may extend to twenty-five rupees.
(2) Whoever throws or puts or causes or suffers any member of his familyor household to throw or put any of the matter above described or, except with the permission of the municipal council, any nightsoil into any sewer, drain, culvert, tunnel, gutter or water-course, and whoever commits nuisance, or suffers any member of his family to commit nuisance, in any such drain, culvert, tunnel or water-course or in such close proximity thereto as to pollute the same, shall be punished with fine which may extend to twenty-five rupees.
Section 225 - Discharging sewage, etc.
Whoever causes or allows the water of any sink or sewer or any other liquid or other matter which is or which is likely to become offensive, from any building or land under his control, to run, drain, or be thrown or put upon any street or open space, or to soak through any external wall, or causes or allows any offensive matter from any sewer or privy to run, drain or be thrown into a surface drain in any street, without the permission in writing of the municipal council or who fails to comply with any condition prescribed in such permission, shall be punished with fine which may extend to twenty-five rupees.
Section 226 - Non-removal of filth, etc.
Whoever, being the owner or occupier of any building or land, keeps or allows to be kept for more than twenty-four hours, or otherwise than in some proper receptacle, any dirt, dung, bones, ashes, night-soil, filth or any noxious or offensive matter, in or upon such building or land, or suffers such receptacle to be in a filthy or noxious state, or neglects to employ proper means to remove the filth from and to cleanse and purify such receptacle, or keeps or allows to be kept in or upon such building or land any animal in such a way as to cause a nuisance, shall be punished with fine which may extend to twenty-five rupees and with further fine which may extend to five rupees for every day on which such offence is continued, after the date of the first conviction.
Section 227 - Removal of nightsoil
(1) The municipal council may from time to time fix the hours during which only it shall be lawful to remove any night-soil or other such offensive matter.
(2) Whoever, -
(a) when the municipal council has fixed such hours, and given public notice thereof by beat of drum, removes, or causes to be removed, along any street any such offensive matter at any time except during the hours so fixed, or
(b) at any time, whether such hours have been fixed by the municipal council or not, -
(i) uses for any such purpose any cart, carriage, receptacle or vessel not having a covering proper for preventing the escape of the contents thereof and of the stench therefrom, or
(ii) wilfully or negligently slops or spills any such offensive matter in the removal thereof, or
(iii) does not carefully sweep and clean every place in which any such offensive matter has been slopped or spilled, or
(iv) places or sets down in any public place any vessel containing such offensive matter, or
(v) drives or takes or causes to be driven or taken any cart, carriage, receptacle or vessel used for any such purpose as aforesaid through any street or by any route, other than such as shall from time to time be appointed for that purpose by the municipal council by public notice,
shall be punished with fine which may extend to twenty-five rupees.
Section 228 - Filthy buildings, etc.
(1) Whoever, being the owner or occupier of any building or land whether tenantable or otherwise, suffers the same to be in a filthy and unwholesome condition, or in the opinion of the municipal council a nuisance to persons residing in the neighbourhood, or overgrown with prickly-pear or rank and noisome vegetation, and who shall not, within a reasonable time after notice in writing by the municipal council to cleanse, clear or otherwise put the same in a proper condition, have complied with the requisition contained in such notice, shall be punished with fine which may extend to twenty-five rupees, and with further fine which may extend to five rupees for every day on which the failure to comply with the said notice is continued, after the date of the first conviction.
(2) Should the condition of the building be such as in the opinion of the municipal council to render it unfit for human habitation, it may further, by written notice, prohibit the using thereof for that purpose until it is rendered fit.
Section 229 - Deserted and offensive buildings
If any building, by reason of dilapidation, neglect, abandonment, misuse or disputed ownership, or of its remaining untenanted and thereby, --
(a) becoming a resort of idle and disorderly persons or of persons who have no ostensible means of subsistence, or who cannot give a satisfactory account of themselves, or
(b) coming into use for any insanitary or immoral purpose, or
(c) affording a shelter to snakes, rats or other dangerous or offensive animals, is open to the objection that it is a nuisance, or so unwholesome or unsightly as to be a source of discomfort, inconvenience or annoyance to the neighborhood or to persons passing by such building, the municipal council, if it considers such objection cannot under any other provision of this Act, be otherwise removed may, if there is any person known or resident within the1[municipal area] who claims to be the owner of such building, by written notice directed to such person, require such person or in any other case by written notice fixed on the door or any other conspicuous part of the building require all persons claiming to be interested in such building, within a period which shall be specified in the notice not being less than seven days from the date of such notice, to cause such building to be demolished and the materials thereof to be removed; and in the event of non-compliance with such requirement, the municipal council, on the expiration of the period specified as aforesaid, may forthwith cause the building to be demolished and the materials to be removed, and may sell such materials and apply the proceeds to defray any expenses incurred by it in so doing; and all such expenses not thereby defrayed shall be recoverable in the same manner as an amount claimed on account of any tax recoverable under Chapter VII.
_______________________________
1. Substituted by Act 36 of 1994 w.e.f. 1.6.1994.
Section 230 - Buildings or rooms in buildings unfit for human habitation
(1) If, for any reason, it shall appear to the municipal council that any building or any room in a building intended for or used as a dwelling is unfit for human habitation, the municipal council shall give to the owner or occupier of such building notice in writing, stating such reason, and signifying its intention to prohibit the further use of the building or room, as the case may be, as a dwelling, and shall in such notice call upon the owner or occupier aforesaid to state in writing any objection thereto within thirty days after the receipt of such notice; and if no objection is raised by such owner or occupier within such period as aforesaid, or if any objection which is raised by such owner or occupier within such period appears to the standing committee invalid or insufficient, the municipal council may by an order in writing prohibit the further use of such building or room as a dwelling.
(2) When any such prohibition as aforesaid has been made, the Municipal Commissioner or Chief Officer shall cause notice of such prohibition to be affixed to, and the letters "U.H.H." to be painted on the door or some conspicuous part of such building or room, as the case may be; and no owner or occupier of such building or room shall use or suffer the same to be used for human habitation until the Municipal Commissioner or Chief Officer certifies in writing that the building or room, as the case may be, has been rendered fit for human habitation.
(3) The municipal council may further at its discretion serve upon the owner of the building a notice requiring him within such time not being less than thirty days as may be specified in the notice to execute the works of improvement specified therein and stating that in its opinion those works will render the building fit for human habitation. In addition to serving a notice under this section on the owner, the municipal council may serve a copy of the notice on any other person having an interest in the building whether as a lessee, mortgagee or otherwise.
(4) In determining whether a building can be rendered fit for human habitation at a reasonable expense regard shall be had to the estimated cost of the work necessary to render it so fit and the value which it is estimated that the building will have when the works are completed.
Section 231 - Power of City Municipal Councils to order demolition of buildings unfit for human habitation
(1) Where a city municipal council upon any information in its possession is satisfied that any building is unfit for human habitation and is not capable at a reasonable expense of being rendered so fit it shall serve upon the owner of the building and upon any other person having an interest in the building, whether as a lessee, mortgagee or otherwise a notice to show cause within such time as may be specified in the notice as to why an order of demolition of the building should not be made.
(2) If any of the persons upon whom a notice has been served under sub-section (1), appears in pursuance thereof before the municipal council and gives an undertaking to it that such person shall, within a period specified by the municipal council, execute such work of improvement in relation to the building as will, in the opinion of the municipal council, render the building fit for human habitation or an undertaking that the building shall not be used for human habitation until the municipal council on being satisfied that it has been rendered fit for that purpose, cancels the undertaking, the municipal council shall not make an order of demolition of the building.
(3) If no such undertaking as is mentioned in sub-section (2) is given, or if in a case where any such undertaking has been given, any work of improvement to which the undertaking relates is not carried out within the specified period, or the building is at any time used in contravention of the terms of the undertaking, the municipal council shall forthwith make an order of demolition of the building requiring that the building shall be vacated within a period to be specified in the order not being less than thirty days from the date of the order, and that it shall be demolished within six weeks after the expiration of that period.
(4) In determining for the purposes of section 230 and this section whether a building is unfit for human habitation, regard shall be had to its condition in respect of the following matters, that is to say, --
(a) repair;
(b) stability;
(c) freedom from damp;
(d) natural light and air;
(e) water supply;
(f) drainage and sanitary conveniences;
(g) facilities for storage, preparation and cooking of food and for the disposal of rubbish, filth and other polluted matter;
and the building shall be deemed to be unfit as aforesaid if and only if it is so far defective in one or more of the said matters, that it is not reasonably suitable for occupation in that condition.
(5) For the purposes of section 230 and this section, "work of improvement" in relation to a building includes any one or more of the following works, namely:--
(a) necessary repairs;
(b) structural alterations;
(c) provision of light points and water taps;
(d) construction of drains, open or covered;
(e) provision of latrines and urinals;
(f) provision of additional or improved fixtures and fittings;
(g) opening up or paving of courtyard;
(h) removal of rubbish, filth and other polluted and obnoxious matter;
(i) any other work including the demolition of any building or any part thereof which, in the opinion of the municipal council, is necessary for executing any of the works specified above.
Section 232 - Power to enter and inspect, etc., buildings
It shall be lawful for the Municipal Commissioner or Chief Officer or any other officer authorised by the municipal council in this behalf, at any time between sunrise and sunset, on giving such notice as hereinafter provided, to enter into and inspect all buildings and lands and by written notice to direct all or any part thereof to be forthwith internally and externally limewashed or otherwise cleansed for sanitary reasons.
Section 233 - Provision of bathing facilities
(1) The municipal council may set apart sufficient public places for the purpose of being used as bathing places, and may also provide or set apart a sufficient number of convenient tanks or runs of water for the inhabitants to bathe in; and may set apart tanks or reservoirs or runs of water for washing animals or clothes, and for all purposes connected with the health, cleanliness and comfort of the inhabitants, and may prohibit the use for any purpose mentioned in this section, of any or all other public places within the1[municipal area].
(2) Copies of all orders passed and notices issued by the municipal council and for the time being in force under this section, shall be kept at the municipal office and shall be open for inspection by the public at all reasonable times.
_______________________________
1. Substituted by Act 36 of 1994 w.e.f. 1.6.1994.
Section 234 - Fouling water
Whoever, in disobedience of any order of the municipal council under section 233 or of any bye-law, bathes in any stream, pool, tank, reservoir, well, cistern, conduit and aqueduct belonging to the municipal council, or washes, or causes to be washed therein any animal or anything whatever, or throws, puts or casts or causes to enter therein any animal or anything, or causes or suffers to run, drain, or be brought there into anything that is, or may become, a nuisance or does anything whatsoever whereby any water therein shall be in any degree fouled or corrupted, and whoever, without permission of the municipal council, steeps in any tank, stream, or ditch within or on the boundary of the1[municipal area], any animal, vegetable or mineral matter likely to render the water of such tank, stream or ditch offensive or a nuisance, shall be punished with fine which may extend to fifty rupees.
_______________________________
1. Substituted by Act 36 of 1994 w.e.f. 1.6.1994.
Section 235 - Regulation of washing of clothes by washermen
The municipal council may, by public notice, prohibit the washing of clothes by washermen in the exercise of their calling, except at such places as it shall appoint for this purpose; and when any such prohibition has been made, no person who is, by calling, a washerman shall wash clothes at any place not appointed for this purpose by the standing committee, except for such person himself or for the owner or occupier of such place.
(2) The municipal council shall provide suitable places for the exerciseby washermen of their calling and may require payment of such fees for the use of any such place as shall from time to time be determined by it with the approval of the Government.
(3) The municipal council shall, before issuing any public notice under sub-section (1), publish in such manner as shall in its opinion be sufficient, for the information of persons likely to be affected thereby, a list of washing places proposed to be provided under sub-section (2), together with a notice specifying a date on or after which the list will be taken into consideration; and shall, before finally fixing the said places, receive and consider any objection or suggestion in respect thereto which may be made in writing by any person before the date so specified.
Section 236 - Abatement of nuisances from wells, etc.
(1) If, in the opinion of the municipal council, --
(a) any pool, ditch, quarry, hole, excavation, tank, well, pond, drain, water-course or any collection of water, or
(b) any cistern or other receptacle for water whether within or outside a building, or
(c) any land on which water accumulates and which is situate within a distance of one hundred yards from any building used as a dwelling house,
is or is likely to become a breeding place of mosquitoes or in any other respect a nuisance, the municipal council may, by notice in writing, require the owner thereof to fill up, cover over or drain off the same in such manner and with such materials as the municipal council shall prescribe or to take such order with the same for removing or abating the nuisance as the municipal council shall prescribe.
(2) (a) No new tank or pond shall be dug or constructed without the previous permission in writing of the municipal council.
(b) If any such work is begun or completed without such permission, the municipal council may either, --
(i) by written notice require the owner or other person who has done such work to fill up or demolish such work in such manner as the municipal council shall prescribe; or
(ii) grant written permission to retain such work; but such permission shall not exempt such owner from proceedings for contravening the provisions of clause (a) of this sub-section.
Section 237 - Regulation or prohibition of certain kinds of cultivation
The municipal council, on the report of Director of Public Health, the Health Officer, or the local Medical Officer that the cultivation of any description of crop, or the use of any kind of manure, or the irrigation of land in any place within the limits of the1[municipal area] is injurious to the public health may, with the previous sanction of the Government, by public notice, regulate or prohibit the cultivation, use of manure, or irrigation so reported to be injurious:
Provided that when such cultivation or irrigation has been practised during the five years preceding the date of such public notice with such continuity as the ordinary course of husbandry admits of, compensation shall be paid from the municipal fund to all persons interested for any damage caused to them by absolute prohibition.
_______________________________
1. Substituted by Act 36 of 1994 w.e.f. 1.6.1994.
Section 238 - Using offensive manure, etc.
Whoever, except with the written permission of the municipal council, and in the manner, if any, enjoined in such permission stores or uses nightsoil or other manure or substance emitting an offensive smell shall be punished with fine which may extend to twenty-five rupees.
Section 239 - Tethering cattle, etc.
Whoever tethers cattle or other animals, or causes or suffers them to be tethered by any member of his family or household, in any public street or place so as to obstruct or endanger the public traffic therein, or to cause a nuisance, or who causes or suffers such animals to stray about without a keeper, shall be punished with fine which may extend to twenty-five rupees.
Section 240 - Feeding animals on filth
Whoever feeds any animal which is kept for dairy purposes or is intended for human food on excrementitious matter, stable refuse, filth, or other offensive matter, or permits such animal to feed or to be fed on such matter, shall be punished with fine which may extend to fifty rupees.
Section 241 - Consumption of smoke
(1) It shall be lawful for the municipal council to direct by public notice that every furnace employed, or to be employed, in any works or buildings used for the purpose of any trade or manufacture whatsoever, within the limits of the 1 [municipal area], whether a steam engine is or is not used or employed therein, shall in all cases, be constructed, supplemented or altered as to consume or burn, or reduce as far as may be practicable, the smoke arising from such furnace.
(2) If any person shall, after such direction, use or permit to be used, any such furnace not so constructed, supplemented, or altered, or shall so negligently use, or permit to be used, any such furnace that the smoke arising therefrom shall not be effectually consumed or burnt as far as may be practicable, every person so offending being the owner or occupier of the said works or buildings or being an agent or other person employed by such owner or occupier for managing the same, shall be punished with fine which may extend to fifty rupees and upon any subsequent conviction with fine which may extend to five hundred rupees:
Provided that nothing in this section shall be held to apply to locomotive engines used for the purpose of traffic upon any railway or for the repair of roads.
_______________________________
1. Substituted by Act 36 of 1994 w.e.f. 1.6.1994.
Section 242 - Prohibition of nuisance
Whoever, --
(a) in any public street or public place, --
(i) eases himself; or
(ii) loiters or begs importunately, for alms; or
(iii) exposes or exhibits, with the object of exciting charity, any deformity or disease or any offensive sore or wound; or
(iv) carries meat exposed to public view; or
(v) without proper authority pickets animals, or collects carts; or
(vi) without proper authority affixes upon any building, monument, post, wall, fence, tree or other thing, any bill, notice or other document; or
(vii) without proper authority defaces or writes upon or otherwise marks any building, monument, post, wall, fence, tree or other thing; or
(viii) without proper authority removes, destroys, defaces or otherwise obliterates any notice or other document put up or exhibited under this Act or the rules or bye-laws made thereunder; or
(b) makes any grave or burns or buries any corpse at any place not set apart for such purpose; or
(c) at any time or place at which the same has been prohibited by the municipal council by public or special notice, beats any drum or TOMTOM, or blows as horn or trumpt, or beats any utensil, or sounds any brass or other instrument, or plays, any music; or
(d) without proper authority disturbs the public peace or order by singing, screaming or shouting, or by using any apparatus for amplifying or reproducing the human voice, such as a megaphone or a loudspeaker; or
(e) lets loose any animal so as to cause, or negligently allows any animal to cause injury, danger, alarm or annoyance to any person; or
(f) save with the written permission of the Municipal Commissioner or Chief Officer and in such manner as he may authorise, stores or uses night soil, cow-dung, manure, rubbish or any other substance emitting an offensive smell; or
(g) uses or permits to be used as a latrine any place not intended for that purpose;
shall, be punished with fine which may extend to one hundred rupees.
Section 243 to 247 - Regulation of markets, sale of goods, etc.
Section 243 - Licensing markets, slaughter houses and certain businesses
(1) It shall be lawful for the municipal council to direct that no place notbelonging to or vested in the municipal council shall be used for any of the purposes specified in sub-clause (i), (ii), (iii), (iv) and (v) of clause (b) of sub-section (1) of section 324 except under and in accordance with the conditions of a licence from the municipal council which may grant such licences and if any of the conditions of licence is contravened or any byelaw or any provisions of this Act is contravened, suspend, withhold or withdraw such licence whether the licensee is prosecuted under this Act or not.
(2) Whoever uses or permits the use of any place contraty to the direction, or without the licence required by sub-section (1), or in contravention of any of the conditions or during the suspension of the licence shall be punished with fine which may extend to twenty-five rupees.
(3) Upon a conviction being obtained in respect of any place under sub-section (2) the magistrate shall, on the application of the municipal council but not otherwise, order such place to be closed, and thereupon appoint persons or take other steps to prevent such place being so used; and every person who so uses or permits the use of a place after it has been so ordered to be closed, shall be punished with fine which may extend to five rupees for each day during which he continues so to use, or permits such use of, the place after it has been so ordered to be closed.
Section 244 - Opening, closing and letting of markets and slaughter houses
(1) The municipal council may, from time to time, open or close any publicmarket or slaughter house. It may also either take stallage or other rents or fees for the use by any person of any such market or slaughter house or from time to time sell by public auction or otherwise the privilege of occupying any stall or space in, or of otherwise using, any such market or slaughter house, and levy fees on any animal slaughtered in any slaughter house, for purposes of consumption.
(2) Any person who, without the permission or licence of the municipalcouncil, sells or exposes for sale any articles in the said markets, or uses the said slaughter houses, shall be punished with fine which may extend to twenty-five rupees.
(3) It shall be lawful for the municipal council to lease for a period notexceeding one year at a time by publication or private contract the collecting of any rent or fees which may be imposed under sub-section (1).
(4) If any officer specially empowered in this behalf by the municipalcouncil is satisfied that any person occupying any stall or space in any market is in unauthorised occupation of the stall or space or continues to occupy the stall or space after authority to occupy has ceased, he may, with the previous sanction of the municipal council, require such person to vacate the stall or space within such time as may be mentioned in the requisition and if such person fails to comply with the requisition, such person may, in addition to any penalty which may be imposed under this Act, be summarily removed from the stall or space.
Section 245 - Power to expel lepers and disturbers, etc., from markets
The person in charge of a market shall prevent the entry therein of and shall expel therefrom, any person suffering from leprosy in whom the process of ulceration has commenced, or from any dangerous disease, who sells or exposes for sale therein any article or who, not having purchased the same handles any article exposed for sale therein; and he may expel therefrom any person who is creating a disturbance therein.
Section 246 - Slaughter houses, etc., beyond municipal limits
It shall be lawful for the municipal council with the sanction of the Deputy Commissioner, to establish slaughter houses, or places for the disposal of carcasses of animals beyond the limits of the1[municipal area] and all provisions of this Act and of bye-laws in force thereunder relating to such places within municipal limits shall have full force therein, as if such places were within the municipal limits.
_______________________________
1. Substituted by Act 36 of 1994 w.e.f. 1.6.1994.
Section 247 - Unwholesome articles of food and drink
(1) The Municipal Commissioner or Chief Officer or any person authorised by the municipal council in this behalf, may at any reasonable time, enter into and inspect any market, building, shop, stall or place used for the storage or sale of articles of food or drink or used for the slaughter of animals, and examine any article of food or drink or any animal which may be kept therein, and if any article of food or drink or any animal therein appears to be intended for human consumption and to be unfit therefor, he may seize the same.
(2) If the owner or person in whose possession such article or animals is found, consents, thereto, the Municipal Commissioner or Chief Officer or the authorised person may destroy it or dispose of it so as to prevent its being exposed for sale or used for human consumption.
(3) If such article is of a perishable nature, it may be disposed of in themanner specified in sub-section (2) without the consent of the person in possession.
(4) No article of food or drink shall be exposed for sale without properand hygienic protection.
(5) In cases not falling under sub-sections (2) and (3) the article, or animalseized as aforesaid shall be removed forthwith and placed before a magistrate of the first class for orders under sub-section (6).
(6) If any animal or article is brought before a magistrate under sub-section (5), the magistrate, on its being proved that the article or animal is intended for human consumption and is unfit therefor, may order the article or animal to be destroyed or to be so disposed of as to prevent its being exposed for sale or used for human consumption to be dealt with, as he may think fit, and may direct that the owner or person in possession of such article or animal shall be punished with fine which may extend to one hundred rupees:
Provided that a person who is in possession of any article or animal as a carrier or bailee thereof, in ignorance of its nature shall not be liable to fine under this section:
Provided further that when any article of food or drink referred to in this sub-section appears to the magistrate not to be what it is represented to be, solely by reason of the fact that there has been added to it some substance not injurious to health, no offence shall be deemed to have been committed by the owner of the article or the person in whose possession the same is found, if such owner or person proves to the satisfaction of the magistrate, --
(a) that such substance has been added to the article of food or drink, because the same is required for the production or preparation thereof, as an article of commerce, in a state fit for carriage or consumption and not fraudulently to increase the bulk, weight or measure of the food or of drink or conceal the inferior quality thereof; or
(b) that in the process of production, preparation or conveyance of such article of food or drink the extraneous substance has unavoidably come to be intermixed therewith; or
(c) that, by a label distinctly and legibly written or printed on or with the said article of food or drink or by other means of public description, he
has given sufficient notice that such substance has been so added; or
(d) that, --
(i) the said article was purchased by him with a written warranty that it was of a certain nature, substance and quality,
(ii) he had no reason to believe that it was not of such nature, substance, and quality as aforesaid, and
(iii) it was not exposed, hawked about, or brought for sale by him otherwise than as an article of the nature, substance and quality specified in the written warranty, and was in the same state in which he purchased it.
(7) It will be open to a municipal council, to set apart any stall or specifiedlocality for the sale of butter or ghee and in such stall or specified locality no butter or ghee shall be sold or exposed for sale that is adulterated with any other substance.
(8) Whoever sells or exposes for sale adulterated butter or ghee in anystall or locality to set apart shall be punished with fine which may extend to one hundred rupees and the magistrate may cause such ghee to be destroyed or to be so disposed of as to prevent its being exposed for sale in such stall or locality.
(9) In all prosecutions under this section the magistrate shall refuse toissue a summons for the attendance of any person accused of any offence against its provisions unless the summons is applied for within a reasonable time from the alleged date of the offence of which such person is accused.
Section 248 to 255 - Prevention of dangerous diseases
Section 248 - Prevention of infectious diseases
(1) Every municipal council may, subject to such limitations, restrictions and conditions, if any, as may be prescribed in this behalf, exercise all or any of the powers specified in sub-section (2) for the prevention of dangerous diseases.
(2) The powers, which may be exercised under the preceding sub-sectionare, --
(a) power by orders, which may be either of special or general application, to direct that every medical practitioner who knows or may have reason to believe that any person whom he has visited in his professional capacity in any dwelling not being a hospital, or that every manager of anyfactory or educational institution, or every head of a household, who knows or has reason to believe that any person who resides in any dwelling under the management or control of any such manager or head of a household, is suffering from any illness which may reasonably be supposed to be a infectious disease, shall give information of the same with the least practicable delay to such person as may be designated by the municipal council in that behalf;
(b) power to direct or authorise the inspection without notice or with such notice as to the person directed or authorised to inspect appears reasonable of any place in which any infectious disease is reported or suspected to exist and the taking of measures to prevent the spread of the disease beyond such place;
(c) power to prohibit the removal of water for the purpose of drinking from any well, tank or other place, which may appear to the municipal council, on the advice of the medical officer, likely to endanger or cause the spread of any infectious disease;
(d) power to direct or cause the removal, on a certificate signed by the Health Officer of the municipal council or any duly qualified medical practitioner authorised by the municipal council in this behalf, of any person who is without proper lodging or accommodation or who is lodged in a room or set of apartments occupied by more than one family, or in a place where his presence may be a danger to the neighbourhood, and who is suffering from an infectious disease, to any hospital or place at which person suffering from the said disease are received for medical treatment; and to prohibit the person so removed from leaving such hospital or place without the permission of the municipal council;
(e) power to require, by written notice, the owner or occupier of any building, or part of a building, or a person owning or in charge of any article therein, to cleanse or disinfect such building or part thereof or article, either at his own expense, or in case of poverty, or for other cause which the municipal council in the circumstances of the case considers reasonable, at the expense of the municipal council;
(f) power to provide the means, and to prescribe places, for disinfecting or washing, bedding or other articles which have been exposed to infection from any infectious disease and to direct the destruction thereof;
(g) power, --
(i) to provide and maintain suitable conveyances for the free carriage of persons suffering from any infectious disease, and
(ii) when such provision is made, to prohibit the conveyance of such persons in all or any public conveyance, and
(iii) to direct that any conveyances, that may at any time be used for conveying any such person shall be immediately disinfected;
(h) power to prohibit, --
(i) any person suffering from any infectious disease from wilfully exposing himself, without proper precautions against spreading the said disease, in any street or in any school or factory, or in any inn, dharmasala, theatre, market or other place of public resort, or
(ii) any person in charge of any person so suffering from so exposing such sufferer;
(i) power to prohibit any person from removing to another place, or transferring to another person, except for the purpose of disinfection, any article which the person prohibited knows, or has reason to believe, has been exposed to infection of any kind whatsoever from any infectious disease;
(j) power to prohibit the letting of or the providing of accommodation in any hotel, inn, dharmasala, chattram or musafirkhana in which a person has, or in which there is reason to believe that a person has, been suffering from an infectious disease, unless and until the person desiring so to let or provide accommodation shall have had the building, or part thereof, and any article therein likely to retain infection, disinfected to the satisfaction of the municipal council or of such officer as the municipal council appoints in this behalf;
(k) power, with the previous permission in each case of a magistrate exercising not less than second class powers, to destroy any insanitary huts or sheds in which there is reason to believe that persons have been suffering from infectious disease.
(3) The municipal council may, in its discretion, give compensation to anyperson who sustains substantial loss by the destruction of any property under this section, but except as allowed by the municipal council, no claim for compensation shall lie for any loss or damage caused by any exercise of the powers specified therein.
(4) Any person who, in a 1 [municipal area], disobeys any order which is for the time being in force therein, and which has been passed by the municipal council in exercise of any power conferred on such municipal council by this section, or obstructs any officer of the municipal council or other person acting under the authority of the municipal council in carrying out or executing any such order, shall, be punished with fine which may extend to two hundred rupees.
_______________________________
1. Substituted by Act 36 of 1994 w.e.f. 1.6.1994.
Section 249 - Duties of municipal council on threatened or actual outbreak of infectious disease
(1) In the event of the 1 [municipal area] or any part thereof being at any time threatened or visited with an outbreak of any infectious disease, the municipal council shall take all such measures as it deems necessary for the purpose of preventing, meeting, mitigating or suppressing such attack.
(2) In such event as aforesaid the Government may, by special notification, declaring that such 1 [municipal area] is threatened or visited with an outbreak of an infectious disease, confer on the municipal council all or any of the powers specified in the following sub-section, and such municipal council shall, subject to such limitations, restrictions and conditions, if any, as the Government in the same or in any subsequent notification may prescribe, exercise every such power so conferred on it until the same is withdrawn by means of a like notification.
(3) The powers, all or any of which may be conferred under the preceding sub-section, are, --
(a) power to order, subject, to the conditions, --
(i) that the permission of a magistrate exercising not less than second class powers shall in each case be first obtained, and
(ii) that accommodation for all persons to whom the order refers is available, or shall be provided, elsewhere, the evacuation of an infected building used as a dwelling or of any part thereof, or of any building so used adjacent to such building, by the person or persons residing whether habitually or temporarily, therein;
(b) power to direct the examination by a medical officer of persons and, if necessary, the disinfection of the clothing, bedding or other suspicious articles, belonging to persons, either arriving from places outside the 1 [municipal area] or residing in any infected building or building adjacent to any infected building, and to direct that any such person shall give his address and present himself daily for medical examination at such time and places as may be specified, for a period not exceeding ten days;
(c) power to prohibit either generally, or by special order in any individual case, assemblages consisting of any number of persons exceeding fifty, in any place whether public or private, or in any circumstances or for any purpose, if in the opinion, recorded in writing, of the District Health Officer or other senior medical or health officer of the district or other medical or health officer appointed by the Government in this behalf, such assemblages in such place, in such circumstances or for such purpose, would be likely to become a means of spreading the disease or of rendering it more virulent.
(4) The municipal council may, in its discretion give compensation to any person who sustains substantial loss by the destruction of any property under this section: but except as allowed by the municipal council no claim for compensation shall lie for any loss or damage caused by any exercise of the powers specified therein.
(5) If in any 1 [municipal area] in which such declaration under sub-section (2), as aforesaid is for the time being in force, any person, --
(a) knowingly disobeys any order which for the time being is in force in such 1 [municipal area] and which has been passed by the municipal council in exercise of any power conferred on it by section 248 or under this section, or
(b) obstructs any officer of the municipal council or other person acting under the authority of the municipal council in carrying out or executing any such order,
such person shall be punishable with fine which may extend to one thousand rupees.
_______________________________
1. Substituted by Act 36 of 1994 w.e.f. 1.6.1994.
Section 250 - Withdrawal and modification of powers and orders
(1) The Government may by notification at any time, --
(a) withdraw any power conferred by or under sections 248 and 249;
(b) cancel or modify any limitation, restriction or condition prescribed in respect of any such power; or
(c) cancel any order passed by a municipal council in exercise of any such power.
(2) Every order passed by a municipal council in exercise of any suchpower as aforesaid shall, on the withdrawal of such power, cease to be in force in the1[municipal area].
_______________________________
1. Substituted by Act 36 of 1994 w.e.f. 1.6.1994.
Section 251 - Duties of municipal council in respect of disease among horses, dogs, cattle, sheep or goats
If in any 1 [municipal area] any infectious disease amongst horses, dogs, cattle, sheep or goats breaks out, or if the introduction of any such disease appears to be likely, the municipal council shall take all such measures as it deems necessary for the purpose of preventing, meeting, mitigating or suppressing the disease or the outbreak or introduction thereof.
_______________________________
1. Substituted by Act 36 of 1994 w.e.f. 1.6.1994.
Section 252 - Proceedings to abate the overcrowding of interiors of buildings
(1) Whenever the municipal council considers the interior of a building is so overcrowded as to be or to be likely to become dangerous or prejudicial to the health of the inhabitants of that or of any neighbouring building the municipal council may cause proceedings to be taken before a magistrate of the first class for the purpose of obtaining an order to prevent such overcrowding.
(2) Such magistrate may on the production of a certificate by a Medical Officer or Health Officer stating his opinion that the overcrowding complained of is likely to cause disease or risk or risk of disease, and after such further enquiry, if any, as may appear to such magistrate necessary, require the owner of the building within a reasonable time, not being more than six weeks or less than ten days, to abate the number of lodgers, tenants or other inmates of the said building to such extent as he shall deem necessary to prescribe, or any pass such other order as he may deem just and proper.
(3) If the said building shall have been sublet, the landlord of the lodgers, tenants or other actual inmates of the same shall, for the purpose of this sub-section, be deemed to be the owner of the building.
(4) It shall be incumbent on any owner to whom a requisition is issued under sub-section (2), forthwith to give to so many of the lodgers, tenants or other actual inmates of the said building as may be necessary to fulfil the conditions prescribed thereby, written notice to vacate the said building within the period specified in such requisition and any such lodgers, tenants or inmates receiving such notice shall notwithstanding anything contained in any other law, be bound to comply therewith.
(5) Any owner who, after the date specified in any requisition issued under sub-section (2), permits the overcrowding of any building in contravention of such requisition, and any person who omits to vacate any such building in accordance with notice given to him under sub-section (4), shall be punished with fine which may extend to ten rupees for each day subsequent to the date specified in such requisition during which such overcrowding, or such omission to vacate, continues.
Section 253 - Special powers which may be conferred by Government in respect of overcrowded areas notified by Government
(1) If the Government is of opinion that risk of disease has arisen or is likely to arise, either to any occupier in, or to any inhabitants in the neighborhood of, any area by reason of any of the following defects, namely:--
(a) the manner in which either buildings, or blocks of buildings, already existing or proposed therein are or are likely to become, crowded together, or
(b) the impracticability of cleansing any such buildings, or blocks of buildings already existing or proposed, or
(c) the want of drainage or scavenging, or the difficulty of arranging therein, for the drainage or scavenging of any such buildings or blocks or area as aforesaid, or
(d) the narrowness, closeness, bad arrangement or bad condition of the streets or buildings or groups of buildings,
the Government may by notification confer on the municipal council, to which such area is subject, all or any of the powers specified in sub-section (2) and the municipal council may subject to the limitations, restrictions, modifications, conditions or regulations, if any, prescribed in this behalf, exercise within that area all powers so conferred, unless and until those powers are withdrawn by a subsequent notification of the Government.
(2) The powers, all or any of which may be conferred on a municipal council under sub-section (1), are as follows:--
(a) power, when any building or block, already existing or in course of erection, by reason of any defect specified in sub-section (1), has given or is in the opinion of the municipal council likely to give rise to such risk as aforesaid, to require by a written notice, to be fixed upon some conspicuous part of such building or block and addressed as the municipal council deems fit either to the owners thereof or to the owners of the land on which such building or block is erected or is in course of erection, that the persons so addressed shall within a reasonable time as shall be specified in the notice, either pull down or remove the said building or block, or execute such works or take such action in connection therewith as the municipal council deems necessary to prevent all such risk of disease;
(b) power by municipal or other agency, to pull down or remove the said building or block, or to execute such works or take such action, if the persons addressed in the said notice neglect so to do within the time specified therein;
(c) power, subject to a right of appeal to an officer who may be empowered by the Government in this behalf and whose decision shall be conclusive, to prohibit by written notice addressed to the owner and occupier of any such site or space and by general notice published in the manner provided in sub-section (6) of section 262 the erection of any building or of any building exceeding such dimensions as may be specified, --
(i) on the site of any building which has in whole or in part in exercise of the power specified in clause (a) been pulled down, or
(ii) on any space not occupied by buildings whether such space is private property or not, and whether it is enclosed or not, if the municipal council considers that in order to prevent such risk as aforesaid such site or space should not be built upon and either,
(a) to acquire such site or space, or
(b) to prescribe such conditions as may be deemed necessary as to the use which the owner or occupier may make or permit to be made thereof:
Provided that in every compensation case the amount of which shall, in case of dispute, be ascertained and determined in the manner provided in section 268, be paid to any person whose rights are affected by such prohibition.
(3) When in pursuance of any notice under sub-section (2) any buildingh as been pulled down, the municipal council shall, unless it has been erected contrary to any provision of this Act or of any bye-law in force thereunder, pay to such owner or occupier as may have sustained damage thereby, reasonable compensation, the amount of which shall, in case of dispute, be ascertained or determined in the manner provided in section 268.
Section 254 - Prohibition of making of vault or grave in place of worship
(1) No person shall make a vault or grave, or cause any corpse to be buriedwithin the walls or underneath any place of public worship:
Provided that the Municipal Commissioner or Chief Officer may, subject to the general or special orders of the Government, authorise the making of a vault or grave within the precincts of or underneath any place of public worship and the burial of priests, sanyasis or ministers of religion in such vault or grave, or in an existing vault or grave.
(2) Any person who contravenes the provisions of sub-section (1), shall be punishable with fine which may extend to one hundred rupees.
Section 255 - Closing places for disposal of the dead
(1) If the municipal council is of opinion that any place used for the disposal of the dead is in such a condition as to be, or to be likely to become injurious to health it may submit its opinion with the reasons therefor to the Government, and the Government thereupon, after such further enquiry if any, as it shall deem fit to cause to be made, may, by notification, direct that such place shall cease to be so used from such date as may be specified in that behalf in the said notification.
(2) A copy of the notification together with a translation thereof in thelanguage of the people of the neighbourhood shall be published in the official Gazette and shall be posted up at the municipal office and in one or more conspicuous spots in or near the place to which the same relates.
(3) Any person who buries or otherwise disposes of any corps in any suchplace, after the date specified in the said notification for closure of the same, shall be punishable with fine which may extend to one hundred rupees.
Section 256 to 260 - Nuisances from certain trades and occupations
Section 256 - Premises not to be used for certain purposes without licence
(1) No person shall use or permit to be used any premises for any of the following purposes without or otherwise than in conformity with the terms of a licence granted by the Municipal Commissioner or Chief Officer in this behalf, namely:--
(a) any of the purposes specified in Part I of Schedule XIII;
(b) any purpose which is, in the opinion of the Municipal Commissioner or Chief Officer dangerous to life, health or property or likely to cause a nuisance;
(c) keeping horses, cattle or other quadruped animals or birds for transportation, sale or hire or for sale of the produce thereof; or
(d) storing any of the articles specified in Part II of Schedule XIII except for domestic use of any of those articles:
Provided that the municipal council may declare that premises in which the aggregate quantity of articles stored for sale does not exceed such quantity as may be prescribed by bye-laws in respect of any such articles shall be exempted from the operation of clause (d).
(2) The Government may by notification direct that no premises within adistance of two miles of the limits of a1[municipal area] shall be used for any one or more of the purposes mentioned in Part I or II of Schedule XIII without a licence obtained from the Municipal Commissioner or Chief Officer of the1[municipal area] concerned and except in accordance with the conditions specified in such licence and thereupon the provisions of this Act and the rules and bye-laws thereunder applicable to any premises within the1[municipal area] referred to sub-section (1) shall be applicable to the premises outside the1[municipal area]:
Provided that no such notification shall take effect until the expiry of thirty days from the date of its publication in the official Gazette.
(3) In prescribing the terms of a licence granted under this section forthe use of premises as mills or iron yards or for similar purposes the Municipal Commissioner or Chief Officer may, when he thinks fit, require the licensee to provide a space or passage within the premises for vehicles for loading and unloading purposes.
(4) The municipal council shall fix a scale of fees to be paid in respect ofpremises licensed under sub-section (1) or sub-section (2):
Provided that no such fee shall exceed five hundred rupees per annum.
(5) Where a licence is granted under this section for the use of any placeoutside the limits of the1[municipal area], the municipal council shall pay to the local authority within the limits of which such place is situated, such proportion of the fee received by the municipal council for the grant or renewal of such licence as the Government may, by general or special order, determine.
(6) Whoever uses any premises in contravention of sub-section (1) or (2) or (3) or of any bye-law made under sub-clause (iv) of clause (b) of subsection (1) of section 324 shall be punished with fine which may extend to two hundred rupees, and with further fine which may extend to forty rupees for every day on which such contravention is continued after the date of first conviction.
(7) Upon a conviction being obtained under this section in respect of any premises used for any purpose referred to in clause (a) or (b) of sub-section (1), the magistrate shall on the application of the municipal council, but not otherwise, order such premises to be closed, and thereupon appoint persons or take other steps to prevent such premises being used for any purpose referred to in cause (a) or (b) of sub-section (1).
_______________________________
1. Substituted by Act 36 of 1994 w.e.f. 1.6.1994.
Section 257 - Power of Municipal Commissioner or Chief Officer to prevent use of premises in particular areas for purposes referred to in section 256
(1) The Municipal Commissioner or Chief Officer may give public notice of his intention to declare that in any area specified in the notice no person shall use any premises for any of the purposes referred to in subsection (1) of section 256 which may be specified in such notice.
(2) No objections to any such declarations shall be received after a period of one month from the publication of the notice.
(3) The Municipal Commissioner or Chief Officer shall consider all objections received within the said period, giving any person affected by the notice an opportunity of being heard during such consideration and may thereupon make a declaration in accordance with the notice published under sub-section (1), with such modifications, if any, as he may think fit but not so as to extend its application.
(4) Every such declaration shall be published in such manner as may be prescribed and shall take effect from the date of its publication.
(5) No person shall, in any area specified in any declaration published under sub-section (4), use any premises for any of the purposes referred to in sub-section (1) of section 256 and specified in the declaration and the Municipal Commissioner or Chief Officer shall have the power to stop the use of any such premises by such means as he considers necessary.
(6) Whoever uses any premises for any of the purposes referred to in sub-section (1) of section 256 contrary to any declaration published under sub-section (4) shall be punished with fine which may extend to five hundred rupees.
Section 258 - Setting apart areas for use for industrial purposes
(1) The municipal council may give public notice of its intention to declare that any area specified in the notice shall be used only for such industrial purposes as may be specified therein.
(2) No objections to any such declarations shall be received after a period of one month from the publication of the notice.
(3) The Municipal Commissioner or Chief Officer shall consider all objections received within the said period, giving any person affected by the notice an opportunity of being heard during such consideration and may thereupon make a declaration in accordance with the notice published under sub-section (1), with such modifications, if any, as he may think fit but not so as to extend its application.
(4) Every such declaration shall be published in such manner as may be prescribed and shall take effect from the date of its publication.
(5) No person shall in any area specified in any declaration published under sub-section (4), use any place for any purpose other than those specified in such declaration, and the Municipal Commissioner or Chief Officer shall have power to stop such use by such means as he considers necessary.
(6) Whoever uses any place in any such area contrary to any declaration published under sub-section (4) shall be punished with fine which may extend to five hundred rupees.
Section 259 - Factories in crowded localities
(1) In any1[municipal area], no person shall establish in any premises any factory, as defined in the Factories Act, 1948 (Central Act No. XIII of 1948), without the previous written permission of the municipal council.
(2) The municipal council may refuse to give such permission if it be ofopinion that the establishment of such factory in the proposed position is objectionable by reason of the density of the population of the neighbourhood thereof, or will be a nuisance to the inhabitants of the neighbourhood or in any other manner contravenes the terms of any bye-law framed in this behalf.
(3) Whoever establishes in any premises any factory, as aforesaid withoutor after the refusal of such permission, or in contravention of the terms of any bye-law framed in this behalf shall be punished with fine which may extend to five hundred rupees and with further fine which may extend to fifty rupees for every day on which such establishment or contravention is continued after the date of first conviction.
_______________________________
1. Substituted by Act 36 of 1994 w.e.f. 1.6.1994.
Section 260 - Use of siren or whistle for summoning or dismissing workmen
(1) In any1[municipal area], no person shall use or employ in any factory, or any other place, any whistle or trumpet operated by steam, mechanical means or electricity, for the purpose of summoning or dismissing workmen or persons employed except under and in accordance with the conditions of a licence from the municipal council.
(2) The municipal council may grant such licence, subject to such conditions as it may deem fit.
(3) Whoever uses or employs any such whistle or trumpet as aforesaid without, or in contravention of any of the conditions of or after the withdrawal of such licence shall be punished with fine which may extend to fifty rupees.
_______________________________
1. Substituted by Act 36 of 1994 w.e.f. 1.6.1994.
Section 261 to 275 - General penalty, service of notices and miscellaneous provisions
Section 261 - Police and municipal officers to aid fire-brigade
(1) It shall be the duty of all police officers and of all municipal officers and servants to aid a fire-brigade in the execution of its duties. Such officers and servants may close any street in or near which a fire is burning and remove any persons who interfere by their presence with the operations of the fire-brigade.
(2) No person shall set a naked light on or near any building in any publicstreet or other public place in such manner as to cause danger of fire:
Provided that nothing in this section shall be deemed to prohibit the use of lights for the purpose of illumination on the occasion of a festival or public or private entertainment.
Section 262 - Service of notices, etc.
(1) Every notice, bill, summons order, requisition or other document required or authorised by this Act or any rule or bye-law made thereunder to be served or issued by or on behalf of the municipal council or by the Municipal Commissioner or Chief Officer or any other municipal officer, on any person shall, save as otherwise provided in this Act or such rule or bye-law, be deemed to be duly served, --
(a) where the person to be served is a company, if the document is addressed to the Secretary at its registered office or at its principal office or place of business and is either, --
(i) sent by registered post; or
(ii) delivered at the registered office or at the principal office or place of business of the company;
(b) where the person to be served is a partnership, if the document is addressed to the partnership at its principal place of business, identifying it by the name or style under which its business is carried on, and is either, --
(i) sent by registered post; or
(ii) delivered at the said place of business;
(c) where the person to be served is a public body or a corporation, society or other body, if the document is addressed to the secretary, treasurer or other head officer of that body, corporation or society at its principal office and is either, --
(i) sent by registered post; or
(ii) delivered at that office;
(d) in any other case, if the document is addressed to the person to be served and, --
(i) is given or tendered to him; or
(ii) if such person cannot be found, is affixed on some conspicuous part of his last known place of residence or business, if within the1[municipal area], or is given or tendered to some adult member of his family or is affixed on some conspicuous part of the land or building, if any, to which it relates; or
(iii) is sent by registered post to that person.
(2) Any document which is required or authorised to be served upon anowner or occupier of any land or building may be addressed "the owner" or "the occupier" as the case may be, of that land or building (naming that land or building) without further name or description, and shall be deemed to be duly served, --
(a) if the document so addressed is sent or delivered in accordance with clause (d) of sub-section (1); or
(b) if the document so addressed or a copy thereof so addressed is delivered to some person on the land or building or, where there is no person on the land or building for whom it can be delivered, is affixed to some conspicuous part of the land or building.
(3) Where a document is served on a partnership in accordance with this section, the document shall be deemed to be served on each partner.
(4) Where the person on whom a document is to be served is a minor, the service upon his guardian or any adult member of his family shall be deemed to be service upon the minor.
(5) A servant is not a member of the family within the meaning of this section, and nothing in this section shall apply to any summons issued under this Act by a court.
(6) Every notice which this Act requires or empowers a municipal councilto give or to serve either as a public notice, or generally, or by provisions which do not expressly require notice to be given to individuals therein specified, shall be deemed to have been sufficiently given or served if a copy thereof is put in such conspicuous part of the municipal office during such period, and in such other public buildings and places, or is published in such local newspaper or in such other manner, as the municipal council in bye-laws in this behalf prescribes.
(7) No notice or bill shall be invalid for defect of form.
(8) When any notice under this Chapter requires any act to be done forwhich no time is fixed by this Act, the notice shall fix a reasonable time for doing the same.
(9) In the event of non-compliance with the terms of the notice, it shallbe lawful for the municipal council to take such action or such steps as may be necessary for the completion of the act thereby required to be done, and all the expenses therein incurred by the municipal council shall be paid by the person or persons upon whom the notice was served, and shall be recoverable in the manner provided in section 269.
_______________________________
1. Substituted by Act 36 of 1994 w.e.f. 1.6.1994.
Section 262A - Prohibition of unauthorised occupation of land
1 [262A. Prohibition of unauthorised occupation of land.--
(1) Any person who unauthorisedly enters upon and uses or occupies any land belonging to a City Municipal Council to the use or occupation of which he is not entitled or has ceased to be entitled shall, on conviction, be punished with imprisonment for a term which may extend to three years and with fine which may extend to five thousand rupees.
(2) Any person who having unauthorisedly occupied, whether before orafter the commencement of the Karnataka Municipal Corporations and certain other Laws (Amendment) Act, 1984, any land belonging to a Municipal Council to the use or occupation of which he is not entitled or has ceased to be entitled, fails to vacate such land in pursuance of an order under sub-section (1) of section 5 of the Karnataka Public Premises Eviction of Unauthorised Occupants) Act, 1974 (Karnataka Act 32 of 1974), shall, on conviction, be punished with imprisonment for a term which may extend to three years and with fine which may extend to five thousand rupees and with a further fine which may extend to fifty rupees per acre of land or part thereof for every day on which the occupation continues after the date of the first conviction for such offence.
(3) Whoever intentionally aids or abets the commission by any other person of an offence punishable under sub-section (1) or sub-section (2) shall, on conviction, be punishable with the same punishment provided for such offence under the said sub-sections.]
_______________________________
1. Inserted by Act 34 of 1984 w.e.f. 26.6.1984.
Section 263 - General penalty
Whoever, in any case in which a penalty is not expressly provided by this Act or any rule or bye-law thereunder, fails to comply with any notice, order or requisition issued under any provision thereof or of any rule or bye-law thereunder or otherwise contravenes any of the provisions of this Act, or rule or bye-law thereunder shall be punished with fine which may extend to one hundred rupees, and in the case of a continuing failure or contravention with an additional fine which may extend to ten rupees for every day after the first during which he has persisted in the failure or contravention.
Section 264 - Municipal council in default of owner or occupier may execute work and recover expense
(1) Whenever, under the provisions of this Act, any work is required to be executed by the owner or occupier of any building or land, and default is made in the execution of such work, the municipal council, whether any penalty is or is not provided for such default, may cause such work to be executed; and the expenses thereby incurred shall, unless otherwise expressly provided in this Act, be paid to it by the person by whom such work ought to have been executed and shall be recoverable in the same manner as an amount claimed on account of any tax recoverable under Chapter VII either in one lumpsum or by instalments as the municipal council may deem fit:
Provided that--
(a) whenever any drainage scheme or water works scheme has been commenced by any municipal council, it shall be lawful for the municipal council, without prejudice to its powers under sub-section (1) of section 195 or any other provision of this Act, to make a special agreement with the owner of any building or land as to the manner in which the drainage or water connection thereof shall be carried out and the pecuniary or other assistance, if any, which the municipal council shall render, and any payment agreed upon by the owner shall be recovered in accordance with the terms of such agreement, or in default, in the manner described in sub-sections(2) and (3):
(b) when an order has been passed under sub-section (1) of section 176, or under sections 193, 195, 199 or 200 or when permission has been given under section 196 or when an agreement has been made under proviso (a) of this sub-section, the municipal council may without prejudice to any other powers under this Act, if it thinks fit, declare any expenses incurred as aforesaid by the municipal council to be improvement expenses and the improvement expenses shall be a charge upon the premises or land and shall be levied in such instalments as the municipal council decides, including interest at the rate of six per cent per annum, and shall be recoverable in the manner described in sub-sections (2) and (3).
(2) If the defaulter be the owner of the building or land, the municipal council may, by way of additional remedy, whether a suit or proceeding has been brought or taken against such owner or not, require, subject to the provisions of sub-section (3), the payment of all or any part of the expenses payable by the owner for the time being, from the person who then or at any time thereafter, occupies the building or land under such owner: and in default of payment thereof by such occupier on demand, the same may be levied from such occupier, and every amount so leviable shall be recoverable in the same manner as an amount claimed on account of any tax recoverable under Chapter VII; every such occupier shall be entitled to deduct from the rent payable by him to his landlord so much as has been so paid by or recovered from such occupier in respect of any such expense.
(3) No occupier of any building or land shall be liable to pay more money in respect of any expenses charged by this Act on the owner thereof than the amount of rent which is due from such occupier for the building or land in respect of which such expenses are payable at the time of the demand made upon him, or which, at any time after such demand and notice not to pay the same to his landlord, has accrued and become payable by such occupier, unless he neglects or refuses upon application made to him for that purpose by the municipal council, truly to disclose the amount of his rent, and the name and the address of the person to whom such rent is payable; but the burden of proof that the sum demanded of any such occupier is greater than the rent which was due by him at the time of such demand or which has since accrued, shall be upon such occupier:
Provided that nothing herein contained shall be taken to affect any special contract made between any such occupier and the owner respecting the payment of the expense of any such works as aforesaid.
Section 265 - Occupier in default of owner, may execute work and deduct expenses from his rent
Whenever default is made by the owner of any building or land in the execution of any work required to be executed by him by the municipal council, the occupier of such building or land may, with the approval of the municipal council, cause such work to be executed, and the expense thereof shall be paid to him by the owner, or the amount may be deducted out of the rent from time to time becoming due from him to such owner.
Section 266 - Proceedings if any occupier opposes the execution of the Act
If the occupier of any building or land prevents the owner thereof from carrying into effect, in respect of such building or land, any of the provisions of this Act, after notice of his intention so to carry them into effect has been given by the owner to such occupier, any magistrate upon proof thereof, and upon application of the owner, may make an order in writing requiring such occupier to permit the owner to execute all such works, with respect to such building or land, as may be necessary for carrying into effect the provisions of this Act, and may also, if he thinks fit, order the occupier to pay to the owner the costs relating to such application or order; and if, after the expiration of eight days from the date of the order, such occupier continues to refuse to permit such owner to execute such work, such occupier, shall for every day, during which he so continues to refuse be punished with fine which may extend to fifty rupees; and every such owner, during the continuance of such refusal, shall be discharged from any penalties to which he might otherwise have become liable by reason of his default in executing such works.
Section 267 - Entry for purposes of the Act
It shall be lawful for the Municipal Commissioner, Chief Officer or any officer authorised by the municipal council for such purpose, to enter, for any purpose of this Act, between sunrise and sunset, with such assistance as he may deem necessary, into and upon any building or land:
Provided that, except when herein otherwise provided, no building or land which may be occupied at the time shall be entered unless with the consent of the occupier thereof, without twenty-four hours written notice thereof having been given to the said occupier:
Provided also that, in the case of buildings used as human dwellings, due regard shall be paid to the social and religious customs of the occupiers and no apartment in the actual occupancy of a woman shall be entered until she has been informed that she is at liberty to withdraw and every reasonable facility has been afforded to her for withdrawing.
Section 268 - Determination of compensation in certain cases
(1) Save as provided in section 257, if an agreement is not arrived at with respect to the amount of any compensation or damages, which are by this Act directed to be paid, and, if necessary the apportionment of such amount, the amount payable or the apportionment of the same shall be ascertained and determined, in the case of1[town municipal areas] by the Assistant Commissioner in charge of the taluk in which the1[municipal area] is situated and in the absence of such an officer by the Deputy Commissioner and, in the case of1[city municipal areas]; by the Deputy Commissioner:
Provided that nothing in this sub-section shall prevent the aggrieved party from seeking redress in a civil court of competent jurisdiction.
(2) In any case where the compensation is claimed in respect of any landor of building, the compensation payable shall be determined by the District Court and the procedure provided by the Land Acquisition Act, 1894, for proceedings in matters referred for the determination of the court shall, as far as may be, be followed:
Provided that, --
(a) no application to the Deputy Commissioner for a reference shall be necessary, and
(b) the Court shall have power to give and apportion the costs of all proceedings in any manner it thinks fit.
(3) In any case where compensation is claimed in respect of any land orbuilding, the municipal council may, after the award has been made by the District Court take possession of the land or building after paying the compensation determined by the District Court to the party to whom such compensation may be payable. If such party refuses to accept such compensation, or if there is any dispute as to the title to the compensation or as to the apportionment of it, the municipal council shall deposit the amount of the compensation in the District Court.
_______________________________
1. Substituted by Act 36 of 1994 w.e.f. 1.6.1994.
Section 269 - Costs or expenses how determined and recovered
If a dispute arises with respect to any cost or expenses which are directed to be paid by any person under this Chapter, the amount, and if necessary the apportionment, of the same shall, save where it is otherwise expressly provided in this Act, be ascertained and determined by the municipal council and shall be recoverable in the same manner as an amount claimed on account of any tax recoverable under Chapter VII.
Section 270 - Requisitioning of premises, vehicles, etc., for municipal elections
(1) If on a request made by the Municipal Commissioner or Chief Officer of a municipal council in that behalf or on its or his own motion it appears to the Government or an officer authorised by the Government (hereinafter referred to as the requisitioning authority), that in connection with an election under this Act, --
(a) any premises are needed or are likely to be needed for the purpose of being used as a polling station or for the storage of ballot boxes after a poll has been taken, or
(b) any vehicle, vessel or animal is needed or is likely to be needed for the purpose of transport of ballot boxes to, or from, any polling station or transport of members of the police force for maintaining order during the conduct of such election, or transport of any officer or other person for the performance of any duties in connection with such election, the requisitioning authority may by order in writing requisition such premises or such vehicle, vessel or animal, as the case may be, and may make such further orders as may appear to it to be necessary or expedient in connection with the requisitioning:
Provided that no vehicle, vessel or animal which is being lawfully used by a candidate or his agent for any purpose connected with the election of such candidate shall be requisitioned under this sub-section until the completion of the poll at such election.
(2) The requisition shall be effected by an order in writing addressed tothe person deemed by the requisitioning authority to be the owner or person in possession of the property, and such order shall be served in the manner specified in section 262 on the person to whom it is addressed.
(3) Whenever any property is requisitioned under sub-section (1), theperiod of such requisition shall not extend beyond the period for which such property is required for any of the purposes mentioned in that sub-section.
Explanation.--For the purpose of this section "premises" means any land, building or part of a building and includes a hut, shed or other structure or any part thereof.
Section 271 - Payment of compensation
(1) Whenever in pursuance of section 270 the requisitioning authority requisitions any premises the municipal council shall pay to the person interested compensation the amount of which shall be determined by taking into consideration the following, namely:--
(i) the rent payable in respect of the premises or if no rent is payable, the rent payable for similar premises in the locality;
(ii) if in consequence of the requisition of the premises the person interested is compelled to change his residence or place of business, the reasonable expenses, if any, incidental to such change:
Provided that where any person interested being aggrieved by the amount of compensation so determined makes an application to the requisitioning authority within the time prescribed by rules made by the Government for referring the matter to an arbitrator, the amount of compensation to be paid shall be such as the arbitrator appointed in this behalf by the requisitioning authority may determine:
Provided further that where there is any dispute as to the title to receive the compensation or as to the apportionment of the amount of compensation, it shall be referred by the requisitioning authority to an arbitrator appointed in this behalf by the requisitioning authority for determination, and shall be determined in accordance with the decision of such arbitrator.
Explanation.--In this sub-section, the expression "person interested" means the person who was in actual possession of the premises requisitioned under section 270 immediately before the requisition, or where no person was in such actual possession, the owner of such premises.
(2) Whenever in pursuance of section 270 the requisitioning authority requisitions any vehicle, vessel or animal, the municipal council shall pay to the owner thereof compensation the amount of which shall be determined by the requisitioning authority on the basis of the fares or rates prevailing in the locality for the hire of such vehicle, vessel or animal:
Provided that where the owner of such vehicle, vessel or animal being aggrieved by the amount of compensation so determined makes an application to the requisitioning authority within the time prescribed by rules made by the Government for referring the matter to an arbitrator, the amount of compensation to be paid shall be such as the arbitrator appointed in this behalf by the requisitioning authority may determine:
Provided further that where immediately before the requisitioning, the vehicle or vessel was by virtue of a hire-purchase agreement in the possession of a person other than the owner, the amount determined under this sub-section as the total compensation payable in respect of the requisition shall be apportioned between that person and the owner in such manner as they may agree upon and in default of agreement, in such manner as an arbitrator appointed by the requisitioning authority in this behalf may decide.
Section 272 - Power to obtain information
The requisitioning authority may with a view to requisitioning any property under section 270 or determining the compensation payable under section 271, by order, require any person to furnish to such authority as may be specified in the order such information in his possession relating to such property as may be specified.
Section 273 - Eviction from requisitioned premises
(1) Any person remaining in possession of any requisitioned premises in contravention of any order made under section 270 may be summarily evicted from the premises by any officer empowered by the requisitioning authority in this behalf.
(2) Any officer so empowered may, after giving to any woman notappearing in public reasonable warning and facility to withdraw, remove or open any lock or bolt or break open any door or any building or do any other act necessary for effecting such eviction.
Section 274 - Release of premises from requisition
(1) When any premises requisitioned under section 270 are to be released from requisition, the possession thereof shall be delivered to the person from whom possession was taken at the time when the premises were requisitioned or if there were no such person, to the person deemed by the requisitioning authority to be the owner of such premises and such delivery of possession shall be a full discharge of the requisitioning authority from all liabilities in respect of such delivery, but shall not prejudice any rights in respect of the premises which any other person may be entitled by due process of law to enforce against the person to whom possession of the premises is so delivered.
(2) Where the person to whom possession of any premises requisitionedunder section 270 is to be given under sub-section (1) cannot be found or is not readily ascertainable or has no agent or any other person empowered to accept delivery on his behalf, the requisitioning authority shall cause a notice declaring that such premises are released from requisition to be affixed on some conspicuous part of such premises and publish the notice in the official Gazette.
(3) When a notice referred to in sub-section (2) is published in the officialGazette the premises specified in such notice shall cease to be subject to requisition on and from the date of such publication and be deemed to have been delivered to the person entitled to possession thereof and the requisitioning authority or the municipal council shall not be liable for any compensation or other claim in respect of such premises for any period after the said date.
Section 275 - Penalty for contravention of any order regarding requisitioning
If any person contravenes any order made under section 270 or section 272 he shall be punished with imprisonment for a term which may extend to one year or with fine or with both.