ASSAM MUNICIPAL ACT, 1956
(1) This Act may be called the Assam Municipal Act, 1956.
(2) It extends to the whole of Assam; provided that the State Govern#31;ment may by Notification direct that the Act shall apply to any particular area with such exceptions or modifications as may be specified.
(3) It shall come into force on such date as the Government may, by notification, direct.*
On and from the date on which this Act comes into force, the Assam Municipal Act, 1923 (Act I of 1923), shall be repealed:
Provided that—
(a) the said repeal shall not affect the validity of invalidity of any#31;thing already done under the said enactment;
(b) all Municipal Boards constituted under the Assam Municipal Act, 1923 (Assam Act I of 1923) shall continue to function for the remaining period of their terms as if they were constituted under this Act; and
(c) all municipalities constituted, limits defined, regulations and divisions made, all rules and bye-laws, notifications, orders, appointments and assessments made, licences and notices issued, taxes, tolls, rates and fees imposed or assessed, budgets passed, plans approved, permissions or sanctions granted, con#31;tracts entered into, suits instituted and proceedings taken under the Assam Municipal Act, 1923 (Assam A
In this Act, unless there is anything repugnant in the subject or context —
(1) “Board” means a Municipal Board;
(1A) “Boat” means a steamer or vessel propelled by steam, motor, electrical or other mechanical power including flats and tugs, country boat, row boat, skiff or other like craft;
(2) “Building” means a house, hut, shed or other roofed structure, for whatsoever purpose and whatsoever material constructed, and every part thereof, but shall not include a tent, or other merely temporary shelter including any kind of temporary shed erected on ceremonial or festive occasions;
(3) “Carriage” means any wheeled vehicle with springs or other appliances acting as springs of a kind ordinarily used for con#31;veyance of human beings and includes in-rickshaws, cycle-rickshaws, bicycles and tricycles but does not include per#31;ambulators and in particular does not include any mot
(1) The State Government may, by notification in the official Gazette and by such other means as it may determine, declare its intention:
(a) to constitute any town together with or exclusive of any railway, station, village, building or land contiguous to any such town, a municipality under this Act;
(b) to include within a municipality any local area contiguous to the same;
(c) to exclude from a municipality any local area comprised there#31;in; or
(d) to withdraw the whole area comprised in any municipality from the operation of this Act:
Provided that no municipality under this Act shall include any military Cantonment or part of a military cantonment.
(2) Every notification published under sub-s. (1) shall define the limits of the local area to which it relates.
(1) A copy, both in English and the Verna
(1) Any inhabitant of any part of a local area defined in a notifica#31;tion published under Section 4 or any rate-prayer of the municipality, may, if he objects to anything therein contained, submit his objection in writing through the Deputy Commissioner to the State Government within forty-two days from the date of the publication, and the State Government shall take his objection into consideration.
(2) When sixty days from the date of the publication of the notifica#31;tion have expired, and after considering any objection which may be sub#31;mitted, the State Government may by notification:
(a) constitute the local area or any specified part thereof to be a municipality under this Act; or
(b) include the local area or any part thereof in the municipality or exclude it therefrom; or
(c) withdraw the whole area comprised in the municipality from the operation of this Act,
When a local area is included in a municipality by a notification published under Section 5, sub-s. (2), all the provisions of this Act and all rules and bye-laws made, orders, directions and notices issued and powers conferred thereunder and in force throughout the municipality at the time when the local area is so included, shall apply thereto unless the State Government, by notification otherwise direct.
(1) When a local area is excluded from a municipality by a notification published under S- 5, sub-s. (2):
(a) this Act and all rules and bye-laws made, orders, directions and notices issued, and powers conferred thereunder shall cease to apply thereto;
(b) the State Government shall, after consulting the Board, frame a scheme determining what portion of the balance of the municipal fund and other property vested in the Board shall vest in the State Government and in what manner the liabilities of the Board shall be apportioned between the Board and the State Government j and on the publication of such scheme in the Gazette, such property and liability shall vest and be appor#31;tioned accordingly.
(2) When the whole area comprised in any municipality is withdrawn from the operation of this Act by a notification published under S. 5, sub-s. (2), this Act and all rules and bye-laws made, orders, direc
(1) Should the circumstances of any municipality be such that any of the provisions of this Act are unsuited .thereto, the State Government may, by notification, either of their own motion after consultation with the Board or on the recommendation of the Board at a meeting specially convened for the purpose, exempt the municipality or any part of it from the operation of those provisions; and thereupon the said provisions shall not apply to the municipality until applied thereto by notification after consultation with the Board.
(2) While such exception as aforesaid remains in force, the State Gov#31;ernment may make rules for the guidance of the Board and public officers in respect of the matters expected from the operation of the said provisions.
Every Municipal Board already existing and every municipality .constituted .under this Act and every municipality whose local limits are altered, shall cause to be erected and set up and thereafter maintain substantial boundary marks defining the limits or the altered limits of the area subject to its authority, as set out in any notification published under this Act.
There shall be established for each municipality,, a body of commissioners designated as the Municipal Board having authority over the municipality. Such a Board shall be a body corporate by the name of the Municipal Board of..............having perpetual succession and a common seal, and by that name shall sue and be sued.
(1) The number of commissioners of each Municipal Board shall be such as the State Government may, by notification, determine in this behalf:
Provided that the number of commissioners shall in no case be more than thirty or less than ten.
(2) The State Government may appoint persons having special knowl#31;edge or experience in municipal administration as who shall have the right to attend and speak at all meetings of the Board but stall have no right to vote. Such persons shall not be deemed to be commis#31;sioners for the purpose of this Act.
(3)(a) The Members of the House of the People and the Legislative Assembly of the State of Assam representing the constituencies which comprise fully or partly the municipal area, shall be the ex-officio members of the Board.
(b) The Members of the Council of States registered as elector within the municipal area shall be the ex-offici
The election of commissioners shall be conducted in accordance with rules prescribed under this Act.
13. Power to divide municipality into wards and to fix the number of commissioners of each ward. The State Government may, in case of new municipalities, of its own motion and in case of municipalities already in existence at the time the notification is made after consideration of the views of the Board at a meeting, by notification, divide a municipality into wards for the purpose of the election of commissioners and determine the number of commissioners to be elected from each such ward.
Every person of the full age of twenty-one years being a citizen of India, who has been for a period of not less than twelve months immediately before the 1st January of the year for which the municipal electoral roll is being prepared, hereinafter referred to as “the prescribed date”, resident within the limits of a municipality and occupies a holding assessed to tax under S. 68 of the Act or an inhabitant thereof, and who—
(i) has paid any tax for at least one quarter for the year preceding the prescribed date to be paid on or before the last date of claims for insertion of a name in the electoral roll; or
(ii) is a member of joint family of which any member is voter under item (i); or
(iii) being a graduate of any University, or having passed the Inter#31;mediate or Matriculation Examinations of the Gauhati, or any other University, or the corresponding standard of the same of any other Univer
No person shall be eligible for elec#31;tion as Commissioner of a Municipal Board if such person—
(i) is not entitled to vote at the election of commissioners of the Municipal Board; or
(ii) has been adjudged by a competent court to be of unsound mind; or
(iii) is an uncertificated bankrupt or an undischarged insolvent; or
(iv) has during the four years immediately preceding the date of the election been convicted by a Criminal Court of an offence involving a sentence of transportation or imprisonment for an offence involving moral turpitude, or of an offence under Chapter IXA of the Indian Penal Code (Act XLV of 1860), or served any portion of a sentence on such conviction, or has been ordered by a Criminal Court to furnish security for good behaviour under the Code of Criminal Procedure (Act V of 1898) unless such conviction or order has been set aside, or such offences
If the validity of an election of a commissioner is brought in question by an unsuccessful candidate or person qualified to vote at the election to which such question refers, such person may, at any time within twenty-one days after the date of the declaration of the result of the election file a petition in the prescribed manner before the District Judge of the district within which the election has been or should have been held and in the case of the Shillong Muni#31;cipality to the District Judge, Lower Assam District, and shall at the same time deposit one hundred rupees in court as security for the costs likely to be incurred:
Provided that the Deputy Commissioner or the Sub-divisional Officer, as the case may be, may be authorised by the State Government to receive election petitions on behalf the District Judge for transmission to him:
Provided further that the validity of such election shall not be questioned i
(1) Where a peti#31;tion has been filed under S. 16, the District Judge or any judicial officer subordinate to him and not. below the rank of a Subordinate Judge other than an officer exercising the powers of a Subordinate Judge ex officio (hereinafter referred to in this Chapter as the Judge) to whom the District Judge may transfer the petition, may, after holding such inquiry as he deems necessary, in accordance with the prescribed procedure and subject to the provisions of Ss. 18 an 19, pass an order confirming or amending the declared result of the election or setting the election aside.
(2) For the purposes of the said inquiry the Judge may summon and enforce the attendance of witnesses and compel them to produce documents or articles in their possession and to give evidence as if he were a Civil Court, and may also direct by whom the whole or any part of the costs of such inquiry shall be paid and such costs shall be recoverable as if the
(1) If the Judge after holding an enquiry is satisfied that:
(a) the election of a returned candidate has been procured or induced, or the result of the election has been materially affected by a corrupt practice; or
(b) the election has not been a free election by reason of the general employment or bribery or undue influence as defined in Chapter 1XA of the Indian Penal Code (Act XLV of 1860), or by reason of any form of general intimidation, including any form of social boycott; or
(c) the result of the election has been materially affected by any non-compliance with the provisions of this Act or the rules made thereunder or by any mistake in the use of any form prescribed for an election or by error, irregularity or inform#31;ality on the part of any officer charged with or carrying out any duty under this Act or rules made thereunder;
he shall declare the election of such
If, in any case to which Section 18 does not apply, the validity of an election is in dispute between two or more candidates the Judge shall, after scrutiny and com#31;putation of the votes recorded in favour of each such candidate, declare the candidate who is found to have the greatest number of valid votes in his favour to have been duly elected:
Provided that for the purpose of such computation no vote shall be reckoned as valid if the Judge finds that any corrupt practice was com#31;mitted by any person, known or unknown, in giving or obtaining it.
If the Judge sets aside an election under Section 18 he may, if he thinks fit, declare any person by whom a corrupt practice has in his opinion been committed to be disqualified from being a candidate for election in that or any other municipality for a period not exceeding five years, from the date of decision, and the Judge’s decision shall be final.
Where a candidate, who has been elected to be a commissioner is declared by the Judge not to have been duly elected, acts done by him in execution of the office before the time when the decision is communicated to the Board shall not be invalidated by reason of that declaration.
If an election is set aside by the Judge, a date shall forthwith be fixed and the necessary steps taken for holding a fresh election for filling up the vacancy, as though it had been a casual vacancy.
No election of a commissioner shall be called in question in any Court except under the procedure provided by this Act, and no order passed in any proceeding under Ss. 16 to 20 (both inclusive), shall be called in question in any Court and no Court shall grant an injunction:
(i) to postpone an election; or
(ii) to prohibit a person declared to have been duly elected under this Act from taking part in the proceedings of a Municipal Board of which he has been elected a commissioner; or
(iii) to prohibit the commissioners formally elected or appointed to a Municipal Board from entering upon their duties.
Notwithstanding anything in the foregoing sections of this Chapter, the State Government, while constituting any new Municipality after the passing of this Act, may appoint all the commissioners of that munici#31;pality until the general election is held,
(1) Every person who is elected to be commis#31;sioner of the Board or who becomes commissioner of the Board by virtue of office, shall, before taking his seat at a meeting of the Board first attended make an oath or affirmation of his allegience to the Union of India in the following form, namely:
“I, A. B., having been elected ex-officio commissioner of this Board do swear in the name of God or solemnly affirm that I will bear true faith and allegience to the Constitution of India as by law established, and will faithfully discharge the duty upon which I am about to enter.”
(2) Any person having been elected a commissioner who fails to make* within three months from the date of the first meeting of the Board the oath or affirmation laid down in sub-s. (1), shall cease to hold his office and his seat shall be deemed to have become vacant.
(1) Every municipality unless sooner dissolved under S. 298, shall continue for five years from the date of first meeting of newly constituted Board after a general election at which quorum is present.
(2) The Slate Election Commission shall cause the results of the general election to be published in the official Gazette and the date of official Gazette containing the publication shall be deemed to be the date of completion of the general election.
(3) An election to constitute a municipality shall be completed:
(a) before-the expiry of its duration specified in sub-s. (1);
(b) before the expiration of six months from the date of its dis#31;solution:
Provided that where the remainder of the period for which dissolved municipality would have continued is less than six months, it shall not be necessary to hold any election under this section for constitu
(1) [Deleted}.
(2) An elected Chairman may resign by laying notice in writing of his intention to do so before the Board at a meeting with intimation to ,the .District Magistrate and the Commissioner of Division. The Chairman shall cease to hold office on his laying such notice.
(3) A Vice-Chairman or a commissioner may resign by writing under his hand addressed to the Chairman and thereupon the Vice-chairman or the commissioner, as the case may be, shall be deemed to have vacated the office as such. The Chairman shall forthwith inform the Deputy Commissioner or the Sub-divisional Officer, as the case may be, of the resignation and also inform the next meeting of the Municipal Board or Town Com#31;mittee of such fact.
(4) [Deleted].
(1) [Deleted].
(2) An elected Chairman or Vice-Chairman may be removed from his office by a resolution of the Board in favour of which not less than half of the whole number of commissioners shall have given their votes at a meet#31;ing specially convened for the purpose.
(3) The State Government, after giving an opportunity to explain, may remove the Chairman or Vice-Chairman from his office if he is persistently omitting or refusing to carry out or disobeying the provisions of this Act and the rules thereunder or any lawful orders issued thereunder or he becomes incapable of so acting or is declared insolvent or is convicted by a Criminal Court for any offence involving moral turpitude.
(1) The State Government may remove any elected commissioner on the ground of his misconduct in the discharge of his duties if the removal is recommended by a resolution of the Board passed at a special meeting called for the purpose and support#31;ed by the votes of not less than two-thirds of the whole number of com#31;missioners of the municipality.
(2) The State Government may remove any commissioner:
(a) if he ceases to reside within the municipality continuously for a period of twelve months; or
(b) if he refuses to act or becomes incapable of acting as a com#31;missioner, or if he has been declared by the State Government by notification to have violated his oath or affirmation of allegiance; or
(c) if, without an excuse sufficient in the opinion of the State Gov#31;ernment, he absents himself from four consecutive meetings of the Board; or
(d) if
No commissioner of a Board who has been removed from his office under sub-s. (1) or under Cl. (b), (c), (d), (e), (f) or (g) of sub-s. (2) or under sub-s. (3) of Section 29 shall be eligible for election or re-election as a commissioner without the consent of the State Government.
If any commis#31;sioner, appointed or elected, shall be unable to enter upon or complete his term of office, the vacancy shall be filled by appointment or election, as the case may be, for the remainder of the term.
If the electorate in any municipality fails within the prescribed time to elect the number of commissioners to constitute the Board in accordance with the provision of Section 11, the election to elect the commis#31;sioners shall be held again on any date and time to be decided by the State Election Commission.
(1) The State Government shall by notification determine from time to time as to which of the Municipality or Town Committees shall have Scheduled Castes, Scheduled Tribes or women as Chairman. The percentage of municipalities and Town Committees with the Scheduled Castes and Scheduled Tribes as Chairman will be broadly in conformity with the percentage of population of the Scheduled Castes and Scheduled Tribes communities in the State as per the latest census figure and in respect of women, irrespective of the Scheduled Castes and Scheduled Tribes the number of women Chairman will be approximately 30 per cent of the municipality and Town Committees. The municipality and Town Com#31;mittees having women as Chairman shall be so rotated that this percentage is preserved;
Provided that the reservation of office of Chairman in the munici#31;palities and Town Committees for the Scheduled Castes and the Scheduled Tribes (except women) shall continue
(1) Except as otherwise provided in this Act, every Chairman and every Vice-Chairman shall hold office from the date of his election of the Chairman of the Board after the next general election including the former but excluding the latter of these dates and shall be eligible for re-election.
(2) Except as. otherwise provided- in., this Act, every Chairman and every Vice-Chairman, whether appointed, or elected shall hold office from the date of his appointment or election to the date of the election or appointment of the Chairman of the; Board after the next general election, including the former but excluding the latter of these dates and shall be eligible for re-appointment or re-election,
When a commissioner who holds the office of Chairman or Vice-Chairman ceases for any reason whatsoever to be a commissioner, he shall at the same time cease to hold the office of Chairman or Vice-Chairman
Whenever for any cause the offices of both the Chairman and the Vice-Chairman are vacant in any Board, the State Government shall appoint any one from amongst the commissioners as the Chairman to hold office as such, temporarily till a Chairman is elected.
(1) The Chairman shall, for the transac#31;tion of the business connected with this Act, or for the purpose of making any order authorised thereby, exercise all the powers vested by this Act in the Board:
Provided that the Chairman shall not exercise any power which shall be exercised under the rules by the Executive Officer where such officer is appointed under S. 53 of the Act;
Provided also that the Chairman shall not act in opposition to or in contravention of, any order of the Board at a meeting or exercise any power which is directed to be exercised by the Board at a meeting.
(2) Notwithstanding anything contained in sub-s. (1) the Chairman may, in cases of emergency, direct the execution of any work or the doing of any act which the Board at a meeting is empowered to execute or do, and the immediate execution or doing of which is, in his opinion, necessary for the service or safety of the p
(1) The Chairman may delegate to the Vice-Chairman all or any of the duties and powers of a Chairman as defined in this Act, and may at any time withdraw or modify the same:
Provided that nothing done by the Vice-Chairman, which might have been done under the authority of a delegation from the Chairman, shall be invalid for want of or defect in such delegation if it be done with the express or implied consent of the Chairman.
(2) During the vacancy in the office of Vice-Chairman, or the absence of Vice-Chairman on leave or otherwise, the Chairman may, by an order in writing delegate any of his functions to any commissioner of the munici#31;pality till the Vice-Chairman resumes office or a new Vice-Chairman is elected or appointed, as the case may be:
Provided that every such order shall be communicated to the Municipal Board at the next meeting.
The Vice-Chairman shall:
(a) during a vacancy in the office of the Chairman or temporary absence of the Chairman perform any of the duties and when occasion arises, exercise any of the powers of the Chairman; and
(b) at any time, perform any duty and exercise when occasion arises, any power delegated to him under S, 38.
The Board at a meeting may grant leave of absence to its Chairman or Vice-Chairman for any period not exceeding three months in any one year:
Provided that if a Chairman or Vice-Chairman who has been granted leave for the maximum period of three months overstays his leave, he shall be deemed to have vacated his office and the acting Chairman or Vice-Chairman, as the case may be, shall continue to act for him till the vacancy has been filled up by appointment or by a fresh election at the next meeting of the Board.
(1) If any Chairman or Vice-Chairman of a Board be unable to complete his full term of office or avail himself of leave granted under Section 40, the vacancy caused by his resignation, removal, death or absence or leave shall be filled up by election and the person elected shall fill such vacancy for the unexpired portion of the term for which such Chairman, or as the case may be, Vice-Chairman would otherwise have continued in office:
Provided that no person appointed under sub-s. (2) of Section 11 shall be elected as the Chairman or Vice Chairman.
(2) In case of vacancy in the office of the Chairman, the Vice-Chair#31;man; and in the case of vacancy in the office of the Vice-Chairman, the Chairman shall call a meeting so as to complete the election within 45 days of the occurrence of the vacancy. If the Chairman or the Vice-Chairman, as the case may be, fails to call the meeting, the Deputy Commissioner or the Sub-divi
(1) The Chairman and Vice-Chairman of any municipality may, if the Board thinks fit, receive such conveyance allowances out of the municipal fund as shall, from time- to time, be fixed1 by the Board at a meeting:
Provided that the grant of such allowances to a Chairman or Vice-Chairman shall be subject to the approval of the State Government,
(2) No commissioner shall receive or be paid from the municipal fund, any salary or remuneration for services rendered by h/m in any capacity whatsoever but may be allowed travelling allowance when admissible.
Conduct of business
(1) The commissioners shall meet for the transaction of business at their office, at least once in every month, and as often as a meeting shall be called by the Chairman or, in. his absence, by the vice-Chairman
If there be no business to be laid before the commissioners at any monthly meeting, the Chairman shall instead of calling the meeting, give notice of the fact to each commissioner three days before the date which is appointed for the monthly meeting.
(2) The Chairman, or in his absence, the Vice-Chairman, may call a special meeting whenever he thinks fit and shall call one on a requisition signed by not less than three of the commissioners
(3) If the Chairman or the Vice-Chairman fails to call a- special meet#31;ing to meet within twenty days after any such requisition has been made, the meeting may be called by the persons who signed the requisition.
A Municipal Board shall pass the Annual Budget estimates for the next financial year before the end, of the preceding financial year:
Provided that when the failure to pass the budget as aforesaid is due to causes beyond the control of a Municipal Board or Town Committee, the Director of Municipal Administration may, on application by the Municipal Board or Town Committee, give such extension of time as he may deem necessary to pass the budget;
Provided further that the Annual Budget of the Board passed in the meeting of the Board shall be approved by the Director of Municipal Administration within 31st March of the preceding year.
(1) The Chairman, or in his absence the Vice-Chairman, snail preside at every meeting, and, in lire absence of both the Chairman and Vice-Chairman, the commissioners shall choose someone of their member to preside;
Provided, that no candidate for election to the office of Chairman or Vice-Chairman shall preside at the election.
(2) When a meeting .under S. 28 is held for the removal of the Chair#31;man or the Vice-Chairman or both:
(a) the Vice-Chairman or in his absence a member duly elected at the meeting shall preside if the resolution relates to the removal of the Chairman;
(b) the Chairman, or in his absence, a member duly elected at the meeting shall preside if the resolution relates to the removal of the Vice-Chairman;
(c) a member duly elected at the meeting shall preside if the reso#31;lution relates to the simultaneous removal of both the Chai
Save as otherwise provided in or under this Act:
(a) all questions at a meeting of the Board shall be determined by a majority of votes of the commissioners present;
(b) in the case of equality of votes, on any question of other then the election of the Chairman, or the Vice-Chairman, the President, if there is one, shall have a second or casting vote;
(c) in the case of equality of votes in the election of Chairman,
Vice-Chairman or President, the determination shall be by the drawal of lots:
Provided that an official appointed as Chairman under Section 33 shall not have the right to vote, save for the purpose of giving vote under this section.
Explanation. To decide the issue by “drawal of lot” the President shall draw lots amongst them by writing the names of the candidates in two sheets of paper, rolling up the papers into ba
(1) No business shall be transacted at any meeting of the Board unless such meeting has been called by the Chairman or Vice-Chairman, or under sub-s. (3) of Section 43, by persons signing a requisition, nor unless a quorum shall be present.
(2) The quorum necessary for the transaction of business at a meeting shall be one-half of the total number of commissioners of the Board when any of the following subjects are to be disposed of at such meeting:
(i) scale of establishment and salaries;
(ii) the framing of bye-laws under S. 302 and of subsidiary rules under S. 306 of the Act;
(iii) the annual budget estimate;
(iv) the appointment or the fixing 5of the pay or allowances of a paid Secretary, Engineer, Water Works Superintendent, Health Officer, Assessor or Executive Officer;
(v) imposition of taxes, fees and tolls under S. 68;
(1) Minutes of the proceedings of all meetings of the Board shall be entered in a book to be kept for the pur#31;pose, and shall be signed by the President of the meeting and shall be published in such manner as may be prescribed and shall, at all reasonable times and without charge, be open to the inspection of the tax payers.
(2) A copy of the minutes of the proceedings of all meetings of the Board shall forthwith be forwarded by the Board to the Deputy Commis#31;sioner and the Commissioner of Division and another copy submitted to the State Government.
(3) The minutes shall be laid before the next meeting of the Board for confirmation and shall also be signed at such meeting by the President if the same has been correctly entered.
Committees
(1) The Board at a meeting may appoint, from time to time, committees to assist it in the discharge of any specific duties or class of duties devolving upon it under this Act, within the whole or any portion of the municipality, and may delegate to any such committee all or any of its powers which may be necessary for the purpose of rendering such assistance, or withdraw all or any of such powers.
(2) Each Committee shall consist of commissioners and, when neces#31;sary, of such resident with special qualifications whom the Board at a meeting desire to appoint; in such a case the number of commissioners shall not be less than two-thirds of the whole number of the members of the Committee.
(3) The commissioners of such committees shall be liable to all the obligations imposed by this Act on the commissioners of the Board in respect of such powers as may be delegated to them.
(4) All the proceedings o
(1) There shall be consti#31;tuted ward committees consisting of one or more wards but not more than four within the territorial area of municipality having a population of 3 (three) lakhs or more.
(2) The territorial area of a Ward Committee in the municipality shall be contiguous to each other. The area of such Ward Committee shall be notified by the State Government within three months from the date of receipt of proposal in this regard from concerned Municipal Board.
(3) The total number of members of each such Ward Committee shall not be more than eight, consisting of four ward commissioners and four other representing interest groups, leading citizens of the concerned ward who may be nominated by the Deputy Commissioner of the District in which the municipality is located.
(4) The Chairman of the Ward Committee shall be elected from amongst the elected members of the Ward Committee.
(1) Any Municipal Board may join with tiny other local authority or with any cantonment authority, or with more than one such local authority or cantonment authority, in constituting out of their respective bodies a joint-committee, consisting of not more than two commissioners/members from each of such bodies, for any purpose in which they are jointly interested, and in delegating to any such joint-committee any power which might be exercised and which can be lawfully delegated by either or any of that local authority or canton#31;ment authorities concerned.
(2) Such joint-committee may, from time to time, make rules as to the proceedings of any such joint-committee and as to the conduct of corres#31;pondence relating to the purpose for which such joint-committee is constituted.
Establishment
(1) The Board at a meet#31;ing may, from time to time, determine and appoint the establishment to be employed by it and may fix the salaries and allowances to be paid to such establishment;
Provided that subject to the scale of establishment approved by the Board, the Chairman may appoint such persons as he may think fit with the prescribed qualifications if the monthly salary of the office does not carry more than fifty rupees or a salary rising by periodical increments to more than fifty rupees. The Chairman may remove from time to time such persons for inefficiency, negligence of duty or misconduct;
Provided further that the appointment of any officer whose pay is wholly or partly contributed by the State Government shall not be created or abolished without the sanction of the State Government and that every nomination to, or dismissal from, any such appointment shall be subject to confirmation by the State Governmen
The Board, at a meeting specially convened for the purpose, by a resolution in favour of which not less than two-thirds of the commissioners present at such meeting shall have voted, may make regulations consistent with this Act and with any rules made thereunder, in respect of officers and employees on its staff for—
(a) fixing the amount and nature of the security to be furnished;
(b) regulating the grant of leave, leave allowances, acting allow#31;ances and travelling and other allowances; and
(c) regulating conduct and generally laying down conditions of service:
Provided that:
(1) the amount of any leave, leave allowances, travelling allowances, or gratuity provided for in such regulations, shall in no case, without the special sanction of the State Government exceed what would be admissible in case of State Government officials of similar class an
Notwithstanding anything contained in S. 50, the State Government may require the Board after considering any cause that it may show to the contrary:
(a) to appoint such Health Officers, Sanitary Inspectors, other public health establishments and Water-Works Superintendents as it may consider necessary on such terms as it may think fit; or
(b) to employ such officers of Government as Health Officers, Sanitary Inspectors and Water Works Superintendents as it may consider necessary.
(1) A Municipal Board may appoint an Executive Officer with the approval of the State Government. The State Government may, if it finds that any particular Board should have an Executive Officer and the said Board does not make such an appointment, appoint any person as such officer in respect of that parti#31;cular Board. In either case the salary of the office including allowances, etc., and other charges shall be charged on the Municipal Fund unless the State Government agree to bear the same or any portion thereof.
(2) The State Government shall make rules regarding the appointment, salaries, conditions of service, powers, duties and functions of the Executive Officers and other relevant matters connected therewith and also providing that no disciplinary action shall be taken against the Executive Officer, except with the approval of the State Government.
Liability of commissioners of Boards and Committees
(1) Every Chairman, Vice-Chairman, commissioner, officer or servant of a Municipal Board, including a Government servant whose services are lent to the Board, shall be liable for the loss, waste, or misapplication of any money or other property owned by or vested in the Municipal Board, if such loss, waste or misapplication is a direct consequence of any illegal act, omission, neglect or misconduct on his part ; and a suit for compen#31;sation may be instituted against him in any Court of competent jurisdic#31;tion by the Board.
(2) Every such suit shall be instituted within one year after the date on which cause of action arose.
No commissioner of a Board or a Committee shall have without the written permission of the State Government, directly or indirectly, any share or interest in any contract, lease, sale or purchase of land or any agreement for the same of any kind whatsoever to which the Board is a party, or shall hold any office of profit under it, and if any commissioner shall have such share or interest or shall hold such office he shall there by become disqualified to continue in office as a commissioner, and shall be liable to be a fine not exceeding one hundred rupees :
Provided that a commissioner shall not be so disqualified or liable by reason only:
(a) of his having a share or interest in:
(i) a contract entered into between the Board and any incor#31;porate or registered company or any registered co-opera#31;tive society of which such commissioner is a member or shareholder; or
(ii
No commissioner of a Board or a Committee shall vote on any matter affect#31;ing his own conduct or pecuniary interest, or on any question which regards exclusively the assessment of himself, or the valuation of any pro#31;perty in respect of which he is directly or indirectly in any way interested, or of any property of or for which he is a manager or agent, for his liab#31;ility to any tax.
Validity of acts and proceedings
(1) No disqualification, or defect in the election or appointment of a person acting as ,a commissioner of a Board or a Committee or a Joint-Committee appointed under this Actor as the President of a meeting of the Board or of such Committee or joint-committee, shall be deemed to vitiate any act or proceeding of the Board or of the committee or the joint-committee, if the majority of the persons at the time of the act being done or the proceeding being taken were qualified and duly elected or appointed commissioners of the Board or the committee or the joint-committee
(2) Until the contrary is proved, any document or minutes which pur#31;port to be the record of the proceedings of the Board or committee or joint-committee shall, if substantially made and signed in the manner prescribed for the making and signing of the record of such proceedings, be deemed to be a correct record of the proceedings of a duly convened meeting held by a duly const
(1) There shall be formed, for each Municipal Board a fund to be called the “Municipal Fund”.
(2) There shall be placed to the credit thereof:
(a) the balance, if any, standing at the credit of the Board at the commencement of this Act ;
(b) all sums received by or on behalf of the Board under this Act 6r otherwise;
(c) all sums received under any loan raised by the Board;
(d) all such sums as the State Government may sanction as grants-in-aid from time to time subject to such terms and conditions as may be specified.
(3) The Municipal Fund shall be vested in the Board.
(4) Unless the State Government shall otherwise direct, the Munici#31;pal Fund shall be paid into a Government treasury or into any bank or branch thereof used as a Government treasury in or near the municipality, and shall be credited to an a
It shall be lawful for a Municipal Board, subject to the provisions of any law relating to the raising of loans by local authorities for the time being in force, from time to time, to raise loans for the purposes of carrying out any of the provisions of this Act and to form a sinking fund.
(1) Except as otherwise provided in this Board shall set apart and supply out of the Municipal Fund:
(a) firstly, such sum as may be required to meet the charges of its own establishment including in. the case of Government officers whose services are wholly or partly employed by the Board, the payment of such contribution to the pension, gratuity, provident fund and leave allowances may be required by the conditions of their services under the Government to be made by them or on their behalf;
(b) secondly, such sum as may be required for the payment of, and the payment of interest on, or loan incurred under the provi#31;sions of law;
(c) thirdly, the liabilities and obligations arising from a trust legally imposed upon or accepted by the Municipal Board; and
(d) fourthly, such sum as may be required to pay the expenses of paupers, lunatics and lepers who are inhabitants of th
Unless otherwise authorised by the State Government, all orders for the payment of money from the municipal fund if for a sum not above five hundred rupees shall be signed by the Chairman or Vice-Chairman, and all orders for larger sums, by both of the said officers or by one of the said officers and another commissioner of the Board.
No such order shall be issued otherwise than for the payment of money of which the expenditure has been authorised, subject to rule, by the Board at a meeting.
Municipal Property
(1) Subject to any reservation made by the State Government all property of the nature hereinafter in this section specified and situated within the municipality shall vest in and belong to the Board and shall, with all other property of whatever nature or kind which may become vested in the Board, be under its direction, manage#31;ment and control, that is to say:
(a) all public roads including the soil, the pavements, stones and other materials thereof and all drains, bridges, trees, erection materials, implements and other things provided for such roads;
(b) all public streams, channels, water-courses, springs, tanks, re#31;servoirs, cisterns, wells, aqueducts, conduits, tunnels, pipes, pumps and other water-works, whether made, laid or created at the cost of the Board or otherwise and all bridges, buildings, engines, works, materials and things connected therewith or appertaining thereto and also any adjacent land, no
(1) A Board may, at a meeting, decide to purchase or take on lease or by gift any land for the purposes of this Act, with the approval of the State Government.
(2) No Board shall sell, let, exchange or otherwise dispose of any land vested in it under S. 62, except with the sanction of the State Gov#31;ernment,
(1) The Board may enter into and per#31;form any contract necessary for the purposes of this Act.
(2) Every contract made by or on behalf of a Municipal Board in respect of any sum exceeding five hundred rupees which shall involve a value exceeding five hundred rupees, shall be sanctioned by the Board at a meeting, and shall be in writing, and signed by at least two of the members one of whom shall be the Chairman or Vice-Chairman, and shall be sealed with the common seal of the Board.
Unless so executed, such contract shall not be binding on the Board.
(1) Every hos#31;pital, dispensary, school, rest-house, ghat and market, not being private property or the property of a religious institution or society and all medicines, furniture, and other articles appurtenant thereto, not being such property, which at and after the commencement of this Act shall be found within any municipality may, by order of the Municipal Board of such municipality, be vested in the Municipal Board of such municipality; and
thereupon all endowments or funds belonging thereto shall be transferred to, and vested in, such Board as trustees for the purposes to which such endowments and funds were lawfully applicable at the time of such transfer:
Provided that no such order shall be published until one month after notice of the intention to transfer such property shall have been publish#31;ed in the Gazette and within the municipality.
(2) If the Board at the meeting shall, af
The Board at a meet#31;ing may agree with the person in whom the property in any road, bridge, tank, ghat, well, channel or drain is vested, to take over the property therein or the control thereof, and after such agreement may declare by notice in writing put up thereon or near thereto that such road, bridge, tank, ghat, well, channel or drain has been transferred to the Board. Thereupon, the property therein or the control thereof, as the case may be, shall vest in the Board and such road, bridge, tank, ghat, well, channel or drain shall thenceforth be repaired and maintained out of the muni#31;cipal fund.
When any land, whether within or without the limits of a municipality, is required for the purposes of this Act the State Government may, at the request of the Board, proceed to acquire it under the provisions of the Land Acquisition Act, 1894 (Act 1 of 1894); and on payment by the Board of the compensation awarded under that Act, and of any other charges incurred in acquiring the land, the land shall vest in the Board.
(1) Subject to the provisions of this Act and the rules made thereunder the Board may, from time to time, at a meeting convened expressly for the purpose, of which due notice shall have been given, impose within the limits of the municipality the following taxes, fees and, tolls, or any of them:
(a) a tax on holding situated within the municipality assessed on their annual value, payable by the owner;
(b) a water-tax payable by owner or occupier, on the annual value of holdings;
(c) a lighting-tax, payable by the owner or occupier; on the annual value of holdings;
(d) a latrine-tax, payable by the owner or occupier ; on the annual value of holdings;
(e) a drainage-tax, payable by the owner, where a system of drain#31;age has been introduced;
(f) a tax on private markets payable by the owner;
(g) licence fees
Every Board within whose area public utility services such as electricity, water supply, sanita#31;tion are provided shall levy, within four months of the providing of such service or services or within four months of the coming into force of this section, whichever is later, a tax on the holdings covered by such service or services expressed as a percentage of the tax assessed under S. 68(1)(a):
Provided that the tax or taxes levied under this section shall be so regulated that the net proceeds may not exceed the gross cost of providing the service or services.
Notwithstanding any provision to the contrary, all municipal taxes in respect of Government holdings shall be payable by Government themselves to the Municipal Boards and not by occupiers.
Where the aggregate annual value of all holdings held by one owner within the municipality does not exceed six rupees, the tax mentioned in Section 68(1)(a) shall not be imposed on any of the holdings of the said owner, provided such owner is not assessed with any profession tax or income-tax.
(1) The imposi#31;tion of a water-tax or a lighting-tax shall be subject to the following restrictions, namely:
(a) that the tax shall be imposed only on holdings situated within an area for the supply of water to which or for the lighting of which, as the case may be, a scheme has been approved by the State Government:
Provided that where the Board:
(i) distribute water by means of water carts or other like agency or provide a water-supply by means of tanks or wells or other reservoirs; or
(ii) provide acetylene lamps or such other means of lighting as may be approved by the State Government:
the Board at a meeting may impose in the case (i) a water rate and in the case (ii) a lighting-tax under such conditions and limitations as may be prescribed;
(b) that the tax shall not be imposed on land used exclusively for purposes of
(1) The imposition of a tax under S. 63, sub-s. (1) (d), shall be subject to the following restrictions, namely:
(a) that the tax shall be imposed only on holdings containing dwelling houses, shops, t places of business, latrines, urinals or cess-pools;
(b) that the tax shall not be imposed on any jail, reformatory, lunatic asylum, school, college or hospital in which an establish#31;ment is maintained for the cleansing of latrines, urinals and cess-pools therein without making use of any place or receptacle maintained by the Board for the deposit of sewage or offensive matter;
(c) that in fisting the amount or amounts of the tax regard shall be had to the principle that the total net proceeds of the tax shall not exceed the amount required for the cleansing of latrines, urinals and cess-pools together with the amount required to meet the proportionate share of the cost of supervision and the collec
The imposition of a tax under S. 68, sub-s. (1) (e), shall be subject to the following restrictions, namely:
(a) that the tax shall be imposed only in case of places situated within an area for which a scheme for construction of a drain#31;age system has been approved by the State Government;
(b) that in fixing the amount or amounts of the tax regard shall be had to the principle that the total net proceeds of the tax shall not exceed the amount required for constructing, extending, improving, or maintaining the system of drainage together with the amount required to meet the proportionate share of the cost of supervision and the collection of the tax; and
(c) that the tax shall not be leviable until a system of drainage shall have been made in the area to be so provided ; nor shall the tax be leviable for any quarter or portion of a quarter antecedent to the provisions of such a system of drainage.
The tax mention d in S. 68, sub-s. (1) (f), shall be determined by the Board at a meeting with the approval of the State Government, according to the size and importance of such markets.
In fixing the rates of fees under Section 68, sub-section (1)(i) and (m) regard shall be had to the principal that the total net proceeds of the fees shall not exceed the amount required for making, extending, maintaining and improving the fire brigade services or the anti-material and ether social services for improvement of public health, as the case may be, or for making contri#31;butions to the organisations running such services together with the amount sufficient to meet the proportionate share of the cost of supervision and collection and the repayment of and payment of interest of any loan incurred in connection with such services.
Taxes upon annual value of holdings
When it has been decided to impose any tax on the annual value of holdings, the assessor after making such inquiries as may be necessary, shall determine the valuation of all holdings within the municipality as hereinafter provided, and shall enter the same in a list called the valuation list, which shall be in the prescribed form:
Provided that valuations other than general valuations may be made by the Board through such person as may be authorised by the Board in this behalf.
The assessor, in order to prepare the valuation list, may whenever he thinks fit by notice require the owners or occupiers of all holding to furnish him, within fifteen days, with returns of the rent or annual value thereof and descrip#31;tion of the holdings in such detail as the Board may direct; and the assessor, at any time between sunrise and sunset, may enter, inspect and measure any such holding:
Provided that at least forty-eight hours previous notice of the inten#31;tion to enter, inspect and measure any holding shall be given to the owner or occupier thereof, unless he waives his right to such notice.
Whoever refuses or fails to furnish any such return for the space of a fortnight from the day on which he has been required to do so, or knowingly furnishes a false or incorrect return or description, shall be liable to a fine not exceeding twenty rupees, and to a further fine not exceeding five rupees for each day during which he omits to furnish a true and correct return; and whoever obstructs, hinders or prevents the assessors appointed by the Board from entering or inspecting or measuring any such holding, shall be liable to a fine not exceeding two hundred rupees.
(1) The annual value of a holding shall be deemed to be the gross annual rental at which the holding may reasonably be expected to let.
(2) In the case of a holding with a building or buildings used or occupied for the residence by the owner himself, the annual value of such holding shall be deemed to be an amount which is less by twenty-five per cent than the valuation fixed on the letting basis under sub-s. (1) above.
(3) In the case of the holding containing building or buildings vested in Government, the annual value shall be deemed to be an amount which may be equal to but not exceeding six per centum of the cost of erection of the building or buildings in addition to a reasonable ground rent or the land comprised in the holding:
Provided that in estimating the annual value of a holding under this section, the value of any machinery and its foundation that may been such holding, shall not be t
Subject to the provisions of this Act, the Board at a meeting to be held before the close of the year preceding the year to which tax will apply, shall determine the percentage on the valuation of holdings at which any tax on the annual value of hold#31;ings shall be levied, and the percentage so fixed shall remain in force until the Board at a meeting shall determine some other percentage at which the tax will be levied from the beginning of the next year:
Provided that, when this Act is first extended to any place the first tax shall be levied from the beginning of the quarter next after that in which the percentage has been fixed by the Board at a meeting.
As soon as possible after the percentage at which the tax is to be levied shall have been determined under the preceding section, the Board shall cause to be prepared an Assessment Register which shall contain the following particulars, and any others which the Board may think proper to include:
(a) number of the holding on the register with the name of the road, if any, in which the holding is situated;
(b) annual value of the holding (as stated in the valuation list);
(c) names of owner and occupier;
(d) amount of tax payable for the financial year ;
(e) amount of taxes payable separately under Section 68 (1), (a) (b), (c) or (d);
(f) amounts of quarterly installments; and
(g) if the holding is exempted from assessment, a note to that effect.
(1) If any house belongs to one owner and the land on which it stands and any adjacent land which is usually occupied therewith belongs to another, the Board may value such house and land together, and may impose thereon one consolidated tax.
(2) The total amount of the tax shall be payable by the owner of the house, who shall thereafter be entitled to deduct from the rent which he pays for the land such proportion of the tax so paid by him as is equal to the proportion which such rent bears to the annual value of the holding.
(3) In case of disputes, the Board shall determine what amount the owners of the house and of the land shall pay respectively
Revision of valuation list and Assessment Register
(1) The Board at a meet#31;ing may, at any time, direct an alteration in, or amendment of, the Assess#31;ment Register:
(a) by entering therein the name of any person or any property which in its opinion ought to have been entered, or any pro#31;perty which has become liable to taxation after the preparation of the Assessment Register; or
(b) by substituting therein with effect from the date of succession or transfer, as the case may be, for the name of the owner of any holding, the name of any other person who has succeeded by transfer or otherwise, to the ownership of the holding; or
(c) by altering the valuation of or assessment on any holding which in its opinion has been incorrectly valued or assessed; or
(d) by re-valuing or re-assessing any holding the value of which has been increased by additions, or alterations to buildings; or
(e) by reducing,
(1) Whenever the title to any holding is trans#31;ferred both the transferor and the transferee shall, for the purpose of S. 83 (1) (b) within three months after the execution of the instrument of transfer, or if no such instrument is executed, within three months after the transfer is effected, give notice in writing of such transfer to the Board.
(2 In the event of the death of the person in whom such title vests, the person to whom as heir or otherwise the title of the deceased is trans#31;ferred by descent or device shall within one year from the death of the deceased, give notice in writing of such succession to the Board
(3) Every person liable for the payment of taxes on any holding, who transfers his title to or over such property, without giving notice of such transfer to the Board, as aforesaid shall, unless the Board at the meeting on the ground of hardship arising out of special circumstances otherwise directs
Where any deed or document required to be registered under the Indian Registration Act, 1908 (Central Act 16 of 1908) purports to transfer the title to any holding falling within a municipality, no Registering Officer shall register any such deed or document unless the party presenting the deed or document for registration produces a certificate from the Municipal Board to the effect that there is no arrears of any tax assessed under this Act, which is payable to the Board in respect of the holding.
(1) A new valuation list shall, unless otherwise ordered by the State Government, be prepared in the same manner as the original list, once in every five years.
(2) Subject to any alteration or amendment made under S. 83 and to the result of any application under S. 95, every valuation and assessment entered in the valuation list or the Assessment Register, shall be valid from the date on which the list or register takes effect in the municipality.
(1) The Board, at a meeting for the purpose of general valuation, may, with the approval of the Stale Government, appoint an assessor who is neither an employee nor a commissioner of the Board on such pay and with such establishment as it may determine.
(2) Notwithstanding anything contained in S 85, if at any time it appears to the State Government that the valuation in any municipality is insufficient, excessive or inequitable, the State Government may, by an order in writing, require the Board to revise the valuation or to show cause against revision within a specified time, and if the Board fails to comply with the order or in the opinion of the State Government the cause shown is inadequate or the revised valuation also is insufficient, excessive or in#31;equitable, the State Government may by an order in writing require the Board to appoint with the approval of the State Government an assessor for the municipality within a time and for a
Whenever the valuation list is revised or altered wholly or in part or a new percentage is fixed under S. 80 the assessment register also shall be revised and consequential changes made therein.
The first assessment register prepared for any municipality under the Act and any revision thereof or alteration therein made under the foregoing section shall, sub#31;ject to the provisions of Ss. 83 and 96, take effect from the beginning of the quarter following the publication of the notice mentioned in S. 94.Duty on transfer of property
In addition to the mutation fee as provided in sub-s. (4) of S. 84, a duty on transfer of property shall be levied in the form of a surcharge on the duty imposed by the Indian Stamp Act. 1899 (Act II of 1899), as in force for the time being in the State of Assam, on instruments of sale, gifts and mortgage with possession of immovable property situated within the limits of a munici#31;pality, at a rate of one per cent of the amount of-the consideration, the value of the property, or the amount secured by the mortgage, as the case may be.
On the introduction of the transfer duty:(a) Section 27 of the Indian Stamp Act, 189P (Act II of 1899), shall be read as if it specifically required the particulars to be set forth separately in respect of property situated within the limits of a municipality and outside such limits;(b) Section 64 of the same Act shall be read as if it referred to the Municipal Board concerned as well as the Government.
The State Government may make rules not inconsistent with this Act for regulating the collection of the duty, the payment thereof to the Municipal Boards concerned and the deduction of any expenses incurred by the Government in the collection thereof.General provisions regarding assessment
(1) The tax mentioned in S. 68, sub-s. (1) (a), (b) and (d), shall not be assessed or levied on any building or holding which is used exclusively as a place of public worship, or on any holding which is duly registered as a public burial or burning ground under this Act.(2) The Board at a meeting may exempt from assessment to the tax mentioned in S. 68, sub-S. (1) (a), any holding used for the purposes of a public charily.(3) The Board may, at a meeting, reduce the amount payable on account of any of the taxes mentioned in S. 68, sub-s. (1) (a), (b), (c) and (d), or remit the same on the ground of excessive hardship to the person liable to pay the same :Provided that such reduction or omission shall not, unless renewed by the Board at a meeting, have effect for more than one financial year.
Assessor appointed by the Board under S. 86 shall exercise all the powers of valuation the same being vested in the Board, but shall hear or determine applications for review made under S 95.
(1) When the valuation list mentioned in S.76 and the assessment register mentioned in S. 81 shall have been prepared or revised, the Chairman shall sign the same and shall cause them to be deposited in the office of the Board and shall cause a notice in the prescribed form to be published in the manner prescribed.(2) In all cases in which any property is for the first time assessed or the assessment is increased, the Chairman shall also give notice thereof to the owner or occupier of the property.
(1) Any person who is dissatisfied with the amount assessed upon him or with the valuation or assessment of any holding or who disputes his occupation of any holding or his liability to be assessed, may apply to the Board to review the amount of assessment or valuation or to exempt him from the assessment of tax:Provided that no application shall be entertained unless the applicant has paid all arrears of dues to the Board accrued up to the date of such application other than the sum which has been enhanced by the valuation or assessment against which the review application has been filed.(2) When an assessor has been appointed under S. 86, notice of every such application shall be given by the Board to the assessor.
(1) Every application presented under S. 95 shall be heard and determined by a committee consisting of not more than five members or by an officer of Government not below such rank as the State Government may determine, whose services the Board obtains and to whom the Board at a meeting delegates the powers and functions of the committee in this behalf.(2) The Chairman or the Vice-Chairman shall be one of the members of such Committee ex officio and the other member shall be appointed from among their numbers by the Board at a meeting:Provided that no member so appointed shall take part in hearing or determining any application from the ward in which he resides or in the case of an elected member, the ward which he represents, but nothing in this proviso shall prevent any such member from giving evidence with regard to the matter under enquiry.(3) No such application shall be hea
Unless good cause shall be shown to the satisfaction of the aforesaid Committee or officer of Government for extending the time allowed, and save as is otherwise expressly provided in this Act, no such application shall be received after the expiration of one month from the date of the publication of the notice required by S 94 relating to the list or register containing the assessment, in respect of which the application is made, or after the expiry of fifteen days from the date of service of the first notice of demand for payment at the rate in respect of which the application is made, whichever period shall last expire:Provided that, if the Board has served a notice under S. 94 on any person, no such application shall be received from him after expiration of fifteen days from the date of such service.
No objection shall be taken to any assessment or valuation in any other manner than in this Act is provided.
No assessment of tax on pro#31;perty and no charge or demand of any tax made under authority of this Act shall be invalid for error or defect of form, and it shall be enough in any valuation or assessment for the purpose if the property so valued or assessed is so described as to be generally known and it shall not be necessary to name the owner or occupier thereof.Recovery of taxes
If any tax payable under this Act by owner of any holding remains unpaid after the notice of demand has been duly served, and such owner be not resident within the municipality, or the place of abode of such owner be unknown, the same may be recovered from the occupier for the time being of such holding, who may deduct, from the next and following payments of his rent the amount of which may be so paid by or recovered from him:Provided that no arrear of tax which has remained due from the owner of any holding for more than one year shall be so recovered from the occupier thereof;Provided also that if any such holding is occupied by more than one person, the sum to be recovered from any one of such persons shall be proportionate to the value of the part of the holding in occupation of such persons.
If any holding shall be occupied by more than one tenant holding severally, it shall be lawful for the Board, to recover from the owner of such holding, any taxes payable under this Act by the occupier also of the holding.
Whenever any tax shall be recovered from any owner of any holding under the pro#31;visions of the preceding section, it shall be lawful for such owner, if there shall be but one occupying tenant of such entire holding, to recover from such tenant the entire amount of the tax which shall have been so paid by such owner, and, if there shall be one occupying tenant of a part of such holding or more than one occupying tenant of such holding, then to recover from such tenant or each of such tenants such sum as shall bear to the entire amount of tax which may have been so recovered from such owner the same proportion as the value of the portion of such holding in the occupation of such tenant bears to the entire value of such holding, subject, however, to the provisions of the next succeeding section.
Every owner who, under the pro#31;visions of the preceding section, may be entitled to recover any sum from any occupying tenant of any holding or of any portion thereof, shall have for the recovery of such sum all such and the same remedies, powers, rights, and authorities as if such sum were rent payable to such owner by such tenant in respect of so much of such holding as may be in the occupa#31;tion of such tenant.
(1) The amount due by any person on account of any tax on the annual value of holdings, shall be deemed to be the amount entered in the register, the notice relating to which is published under S. 94 unless the amount entered in such register is subsequently altered as provided in this Act, in which case the amount to which the assessment is so altered shall be deemed to be the amount due.(2) Such tax shall be payable in quarterly installments and every such installment shall be deemed to be due on the first day of the quarter in respect of which it is payable.
(1) The Board shall, by notice to be posted up in their office, declare at what hours of each day (not being a Sunday or other recognised holiday) the office shall be open for the receipt of money and the transaction of business.(2) Receipts to be given. For all sums paid on account of any tax, fee or other moneys due under this Act a receipt stating the amount and the tax, fee or other charge on account of which it is paid shall be given, signed by the tax collector or by some other officer authorised by the Board to grant such receipts.
(1) Within three months after any sum has become due on account of any tax, toll or fee, the Board shall cause to be presented to the person liable to the payment thereof a bill and a notice of demand for the said sum, which shall contain a statement of the period and of the tax, toll or fee on account of which the charge is made:Provided that no charge shall be made in respect of the service of such bill or notice.(2) Such bill and notice shall be signed by or stamped with a facsimile signature of the Chairman, Vice-Chairman or an officer duly authorised in that behalf.
(1) If any person, after service upon him of such bill and notice, do not, within fifteen days of the service of such notice or from the date of any order made on application for review under S. 96, pay the sum due either to the Board at their office or to some person authorised by them to receive the money, or show to the Board sufficient cause for not paying the same, the amount of the arrear due with costs according to the prescribed scale of fees, may at any time within six months after the date of service of the said notice, or of the order made on an application for review as aforesaid, be levied by attach#31;ment and sale of any movable property belonging to the defaulter, except plough, cattle, tools or implements of agriculture or trade and articles required for worship or prayer, wherever found, or of any movable pro#31;perty belonging to any other person, subject to the same exceptions, which may b
(1) Every warrant of attachment and sale under the preceding section shall be issued by the Board and shall be in the prescribed form. Attachment shall be made by actual seizure of movable property, and the officer charged with the execution of the warrant shall be responsible for the due custody thereof.(2) When a warrant of attachment is issued it shall not be discharged before it is executed except upon payment of the sum due together with one-fourth of the costs referred to in S. 107.(3) Such officer shall make in the presence of witnesses an inventory of all movable property seized under the warrant, and shall give not less than ten days previous notice of the sale, and of the time and place there#31;of by beat of drum, in the municipality or ward in which the property is situated, and by serving on the defaulter a notice in the prescribed form:Provided that, if the property
The officer charged with the execution of the warrant may, under the special order of the Chairman or Vice-Chairman, between sunrise and sunset break open any outer or inner door or window of a house in order to make the attachment, if he has reasonable ground for believing that such house contains any movable pro#31;perty belonging to the defaulter, and if, after notification of his authority and purpose and demand of admittance duly made he cannot otherwise obtain admittance:Provided that he shall not enter or break open the door of any room appropriated for the zenana or residence of women, which by the usage of the country is considered private, without giving an opportunity and facilities for the retirement of the women.
(1) If the sum due be not paid with costs before the time fixed for the sale, or the warrant be not discharged or suspended by the Board, the movable property seized shall be hold by auction, at the time and place specified, in the most public manner possible and the proceeds shall be applied in discharge of the arrears and costs.(2) The surplus sale-proceeds, if any, shall be credited to the Municipal Fund, and may be paid on demand to any person who estab#31;lishes his right to the satisfaction of the Board or in a Court of competent jurisdiction.(3) The tax collector or other officer authorised in that behalf shall make a return of all such sale to the Board in the prescribed form.
All com#31;missioners, officers and servants of the Board, and all chaukidars, cons#31;tables and other officers of police are prohibited from purchasing any property at any such sale.
The Board shall cause a regular account to be kept of all attachments and sales made for the recovery of taxes, tolls and fees under this Act.
If the Board is unable to recover under S. 110 the sum due with costs, the Magistrate may, on the application of the Board, issue a warrant to any officer of his Court for the attachment and sale of any movable property or effects belonging to the defaulter within any other part of the jurisdiction of the Magistrate, or for the attachment and sale of any movable property belonging to the defaulter within the jurisdiction of any other Magistrate exercising juris#31;diction within the State of Assam, and such other Magistrate shall endorse the warrant so issued, and cause it to be executed, and the amount, if levied to be remitted to the Magistrate issuing the warrant, who shall remit the same to the Board.
No attach#31;ment or sale made under this Act shall be deemed unlawful, nor shall any party making the same be deemed a trespasser on -account of any error, defect or want of form in the bill, notice, summons, warrant of attach#31;ment, inventory or other proceeding relating thereto.
Instead of proceeding by attachment and sale or in case of failure to realise thereby the whole or any part of any tax, the Board may sue the person liable to pay the same in any Court of competent jurisdiction.
The purchaser of any holding or part of a holding, in respect of which any sum is due at the time of purchase on account of any tax under this Act shall, subject to the provision of sub-s. (3) of S. 84 be liable for the said sum.Licence fees on carts, carriages and animals
(1) When it has been determined that licence fees on carts, carriages and animals shall be imposed under S 68, sub-s (l) of the Board at a meeting shall make an order that the owner of every cart, carriage and animal of the kind specified therein, which is kept or used within the municipality, shall take out a licence and pay such fees as are fixed in the order, and shall cause such order to be published in the manner prescribed.(2) The Board may, with the approval of the State Government, determine the maximum number of carts and carriages which may be licensed under sub-s. (1).(3) The order under sub-s. (1) shall be published at least one month before the beginning of the half year in which it shall first take effect and shall specify the fees not exceeding such amounts as may be prescribed by rule, which shall be charged in respect of such licence :Provided that the Board may
Any order of the Board imposing licence fees under the preceding section shall continue in force until rescinded, and the fees shall be charged at the rates specified in the order published as aforesaid unless and until the Board at a meeting held not less than one month before the end of the financial year, make and publish an order specifying any different fees which shall be charged for the ensuing financial year.
In any municipality in which licence fees have been imposed under Section 117, the owner of every cart, carriage and animal specified in the order under the aforesaid section shall, within the first month of each half year, forward to the Board, a statement in writing, signed by him, containing a description of the carts, carriages and animals for which he is bound to take out a licence.Such owner shall, at the same time, pay to the Board such sum as shall be payable by him for the current half year of the carts, carriages and animals specified in such statement, according to the fees specified in any order for the time being in force under the two preceding sections.
If any person acquires possession, at any time after the commence#31;ment of any half-year, of any cart, carriage or animal specified in the order under S. 117 in respect of which no licence has been given for such half-year, he shall forward a statement as above required within one month of the date on which he may have acquired possession thereof, and shall pay such amount of fee as shall bear the same proportion to the whole fee or the half-year as the expired portion of the half-year bear to the half-year ; and such amount shall be calculated from the date on which such person may have acquired possession as aforesaid.
On receiving the amount of the fees due as aforesaid, the Board, or some persons authorized by them in that behalf, shall give to the person paying the same a licence and a token of registration number for the several carts, carriages and animals for the period in respect of which the amount is received.Such licence shall be for the current half-year.
Whenever the owner of any cart, carriage or animal liable to pay the said fee is not resident within the limits of the municipality to which the fee is due, the person in whose immediate possession the cart, carriage or animal is for the time being kept shall take out a licence for the same.
Whoever keeps, or is in possession of, any cart, carriage or animal without the licence required by any of the three preced#31;ing sections shall be liable to a fine not exceeding four times the amount payable by him in respect of such licence, inclusive of the amount so payable.
The Board, at their discretion, may compound for any period not exceeding one year, with livery stable keepers and other persons keeping carts, carriages or animals for hire, for a certain sum to be paid for the carts, carriages or animals so kept by such person in lieu of the licence fees specified in any order made by the Board under Ss. 117 and 118.
The Board shall, from time to time, cause to be prepared and entered in a book, to be kept by them, and to be opened to the inspection of any person interested therein, a list of persons to whom during the then current half-year at licence has been given and of the carts, carriages and animals in respect of which they have paid the fees.
The Board, or any person authorised by them in that behalf, may at any time between sunrise and sunset enter and inspect any stable or coach-house, or any place wherein they may have been reasons to believe that there is any cart, carriage or animal liable to the licence fee, for which a licence has not been duly taken out.And the Board may summon any person whom they have reason to believe to be liable to the payment of any such fee or any servant of such person, and may examine such person or servant as to the number and description of the carts, carriages and animals in respect of which such person is liable to pay licence fees.
On proof being given to the satisfaction of the Board that a cart, carriage or animal, for which a licence has been taken out for any half-year, has ceased to be used or kept for use, within the municipality during the course of such half-year, the Board shall order a refund of so much of the licence fee for the half-year as shall bear the same proportion to the whole fee for the half-year as the period during which such cart, carriage or animal has not been so kept or used in the municipality bears to the half-year ; but no such refund shall be allowed unless notice be given to the Board within one month of the time when such cart, carriage or animal ceased to be so kept or used, and except for special cause shown, the Board shall pass no order for refund until after the close of the half-year in respect of which the refund is claimed.
(1) When it has been determined that licence fees on boats shall be imposed under S. 68, sub-s. (1)(o), the Board, at a meeting, shall make an order that the owner of every boat which is kept or used within the municipality shall takeout a licence in the form to be prescribed by the Board and pay such fees as are fixed in the order and cause such order to be published locally. The licence taken out shall remain valid for one year after which it shall be renewed:Provided that in no case the rate of licence fee shall exceed the follow#31;ing without the prior approval of the State Government:(a) Steamer or vessel propelled by steam, motor, electrical or Rs. 20 (twenty) per annum, other mechanical power including flat or tugs(b) Country boat with a capa#31;city of more than 3,000 kilograms Rs. 10 (ten) per annum. but less than 9,331
When it has been determined that fees on the registration of dogs or cattle shall be imposed under S. 68, sub-S. (1) (h), the Board at a meeting shall make an order that every dog or cattle which is kept within the municipality, shall be registered by the Board with the name and residence of the owner and shall bear the number of registration in such manner as the said Board shall direct.Such order shall be published at least one month before the beginning of the half-year in which it shall first take effect and shall specify the fee, not exceeding such amount as may be prescribed by rule, which shall be paid for each registration.
Any order of the Board ordering registration fees to be paid under the preceding section shall con#31;tinue in force until rescinded and the fees shall be charged at the rates specified in the order published as aforesaid.
The registration of dogs or cattle shall be made, and the numbers assigned, yearly or half-yearly, upon such days as the Board shall notify.
If any person acquires possession, at any time after the commencement of any period of registration, of any dog or cattle which have not been registered for such period, he shall register the same within one month from the date on which he may have acquired possession thereof, and shall pay such amount of fee as shall bear the same proportion to the whole fee for the current period of registration as the unexpired portion of the current period of registration bears to the whole of such period, and such fee shall be calculated from the date on which such person may have acquired possession as aforesaid,
When the ownership of any registered dog or cattle is transferred within any period of registration, it shall be registered anew within one month of the transfer in the name of the person to whom it has been transferred, and a fee not exceeding twenty-five paise shall be paid for every such last mentioned registration.
Whoever keeps, a dog or cattle not duly registered as required by any of the three preceding sections shall be liable to a fine not exceeding four times the amount payable by him in respect of such registra#31;tion, inclusive of the amount so payable.
(1) If any person owns or keeps any cart, carriage or animal hereinbefore required to be licensed, without a licence, the Board or any person authorised by them in that behalf may seize and detain such cart, carriage or animal (provided the same be not employed at the time of seizure in the convey#31;ance of any passengers or goods) ; and all police officers are required, on the application of the Board or of any servant of the Board duly authoris#31;ed in that behalf, to assist in the said seizure.(2) After such seizure the Board shall forthwith issue a notice in writing that after the expiration of ten days they will sell such cart, carriage or animal by auction at such place as they may state in the notice, and, if any licence fee, together with the cost arising from such seizure and custody, remains unpaid for ten days after the issue of such notice, the Board may sell the property seized for pa
Nothing contained in this Act shall be deemed to authorise two or more local authorities to levy, between them, more than one fee for the same period in respect of any cart, carriage or animal and in the event of any dispute arising as to which of several local authorities is to levy the fee or as to how the fee levied is to be apportioned between several local authorities, the question shall be referred to the State Government and its decision shall be final; provided that, where one of the local authorities is a cantonment authority, the decision of the State Government shall be subject to the concurrence of the Central Government.Tolls on bridges
The Board at a meeting, with the previous sanction of the State Government, may establish a toll-bar on any bridge within the municipality which has, before or after the date of the commencement of this Act, been constructed or purchased out of the municipal fund, or to the cost of the construction or purchase of which contribution has, before or after the said date, been made out of the municipal fund and may levy tolls at such toll-bar on persons, vehicles, and animals passing over such bridge:Provided as follows:(1) No toll-bar shall be established or tolls levied otherwise than for the purpose of recovering:(a) the expenses incurred by the Board in constructing, pur#31;chasing, contributing to or widening such bridge;(b) interest on such expenses, at the rate of six per centum per annum;(c) the capitalised value of the receipt in respect of any public ferr
The Board may grant a lease, for any period not exceeding three years of any toll-bar established under Section 136.
When the Board with any other local authority having jointly constructed, purchased or contributed towards the cost of the construction or widening of a bridge, have received the sanction of the State Government to the establishment of a toll-bar the toll shall be levied or granted in lease by such local authority as the State Government may, in its order according sanction, direct, and the proceeds of such tolls, or of the lease thereof, shall be adjusted between the local authorities according to rules made in this behalf by the State Government; provided that where one of the local authorities is a cantonment authority, the powers of the State Government under this section shall be exercisable only with the concurrence of the Central Government.
(1) The following persons and things shall be exempted from payment of tolls at any toll-bar estab#31;lished under S. 136, namely:(a) Government stores and persons in-charge thereof;(b) in areas declared as “Operational Areas” by the Government of India;(i) stores, including animals and vehicles conveying such stores, meant for the Defence Services personnel, supplied through the Defence Service installations, e. g, military farms, officers shops, supply depots and canteens, etc., whether run by the Defence Department or through con#31;tractors; and(ii) the persons in charge of such stores;(c) police officers and other public officers and their servants travel#31;ling on duty, commissioners of Board and officers of the muni#31;cipality and their servants so travelling, persons in the custody of any of the officers aforesaid, property belonging to or in the cus
(1) When it has been determined that tolls shall be levied at any toll-bar established under S. 126, the Board shall, from time to time, make and publish an order specifying the rates at which the tolls shall be levied.(2) A table of such tolls, legibly printed or written in English and the Vernacular of the district, shall be affixed in some conspicuous portion near every such toll-bar, so as to be easily readable by all persons requir#31;ed to pay the tolls.(3) In default of compliance with sub-s. (2), the toll-collector or the lessee of the toll-bar, as the case may, shall be liable to a fine which may extend to fifty rupees, and to a further fine which may extend to ten rupees for each day after the first day during which the default continues.
The Board or the lessee of any toll-bar may compound with any person for a certain sum to be paid by such person for himself or for any vehicles or animals kept by him in lieu of the rates specified under S. 140.
Any toll-collector or lessee of a toll-bar established under S 136 may refuse to allow any person to pass through the toll-bar until the proper toll has been paid.
Whoever having rendered him#31;self liable to the payment of toll, refuses to pay the toll, shall be liable to a fine which may extend to fifty rupees.
Where resistance is offered to any per#31;son authorised under this Act to collect tolls, any police officer whom he may call to his aid shall be bound to assist him; and such police officer shall, for that purpose, have the same powers as he has been in the exer#31;cise of his ordinary police duties.
When any person, auth#31;orised to collect toll, realises any tolls higher than the tolls authorised under this Act, he shall be punishable with fine which may extend to fifty rupees and in default of payment, to imprisonment for a term which may extend to one month.
(1) When a toll-bar has been established and tolls have been levied under S. 136 in respect of any bridge, the Board shall, at the end of each financial year, publish by caus#31;ing to be affixed, an abstract account showing:(a) the amount of the expenses incurred by the Board in construct#31;ing, purchasing, contributing to or widening the bridge;(b) the amount of interest which has accrued or is due on such ex#31;penses;(c) the capitalised value of the receipts in respect of any public ferry which the Board will lose partially or completely owing to the construction of such bridge;(d) the capitalised value of the estimated cost of maintaining the bridge, and where it requires periodical renewal, of renewing it; and(e) the amount which has been received from the profits of the said toll-bar since its establishment.(2) When such expenses, interest an
Every Municipal Board shall, in regard to the establishment, maintenance and management of pounds, per#31;form such functions as may be transferred to it by notification under S. 31 of the Cattle Trespass Act, 1871 (Act 1 of 1871), and lease out pounds, when so transferred, according to rules framed under this section.
(1) The Board, if decided in a meeting, may use their own land or land with building or land purchased, taken on lease or otherwise acquired with or without building for the purpose of establishment of a Municipal Market, Bus Stand, Truck Stand, Taxi Stand, Auto Stand and Parking Yard for improving any existing Municipal Market, Bus Stand, Taxi Stand, Auto Rickshaw or Rickshaw Stand and Parking Yard.(2) The Board, if decided in a meeting, may levy rent, tolls and fees at such rates as it may think proper for the tight to expose goods for sale in a Municipal Market and for the use of shops, stalls and stands therein and also in respect of parking lots and may also regulate such rates in respect of private markets or places used or declared by the Board as a market place, parking lot by public notice in the locality.(3) The Board may grant a lease according to rules under this section for a
(1) All rents, tolls and fees and all costs, expenses or other moneys due under this Act to the Board may be recovered in the manner provided in Sections 106 to 115, both inclusive.(2) Where any sum is due on account of rent from a person to a Board in respect of land vested in, or entrusted to the management of the Board, the Board may apply to the collector to recover any arrear of such rent as if it were an arrear of land revenue. This procedure will not apply in the case of rents mentioned in sub-s. (2) of Section 148 the realisation of which will be governed by the provisions contained in sub-s. (1) of this section.
If money be due under this Act in respect of any holding from the owner thereof, on account of any tax, expenses or charges recoverable under this Act, and if the owner of such holding or his whereabouts are unknown or the owner#31;ship thereof is disputed, or when the owner lives outside the municipality and has failed to pay in spite of service of demand notices twice, the Board may publish twice, at an interval of three months, a notification of sale of such holding and after the expiry of not less three months from the date of the last publication, unless the amount recoverable be paid, may sell such holding to the highest bidder who shall, at the time of sale, deposit forthwith twenty-five per cent of the purchase money. The balance shall be paid within fifteen days of the date of sale; in default of the money, if any, so deposited shall be forfeited and the holding shall be resold, and the shortage, if
The Board may order to struck off the books the amount of any tax or fee pr other demand which may appear to them to be irrecoverable.
(1) The Board may close tem#31;porarily any public road or part of a public road for the purposes of repairing such road, or for the purpose of constructing or repairing any sewer, drain, culvert, or bridge, or for any other public purpose ; or divert, discontinue or close permanently any such road :Provided that the Board so closing any such road shall be bound to provide reasonable means of access for persons occupying holdings adjacent to such road;Provided also that the power to divert, discontinue or close permanently any road shall only be exercised by the Board at a meeting.(2) Whenever, owing to such repairs or constructions, or from any other cause, any such road or part of such road shall be in a state which is dangerous to passerby, the Board shall cause sufficient barriers or fences to be erected for the security of life and property, and shall cause such barriers or
(1) The Board may, by public notice prohibit or regulate the driving, riding or leading of animals or vehicles of any particular kind along any public road or part of any such road.(2) Any person who disobeys an order passed by the Board under the provisions of sub-S. (1) shall be liable to a fine not exceeding twenty rupees.
[Deleted].
(1) When the Board considers that in any road or drain, not being a public road or drain whether or not previously levelled, paved, metalled, channeled, sewered or repaired out of municipal or other public funds, or in any part of such road or drain, within the municipality, it is necessary, for the public health, convenience or safety that any work should be done for the leveling, paving, metalling, flagging, channeling, draining, lighting or cleaning thereof, the Board may by written notice require the respective owners of the lands or buildings, fronting, adjoining or abutting upon such road or drain or part thereof, to carry out such work in a manner and within a time to be specified in such notice.(2) If such notice is not complied with during the time specified, the Board may, if it think fit, execute the work mentioned or referred to there#31;in, and may, if it think fit, recover under the pr
The Board may grant permission to any person, for such period and on such terms as it may think fit, to deposit any movable property on any public road or any land vested in the Board, or to make an excavation in any such road or any such land, or to enclose the whole or any part of any such road or of any such land, and may charge such fees as it may fix for such permission :Provided that such person undertakes to make due provision for the passage of the public and to erect sufficient fences to protect the public from injury, danger or annoyance, and to light such fences from sunset to sunrise sufficiently for such purpose.
(1) Every person intending to build or take down any house, or to alter or repair the outward part of any house shall, if any public road will be obstructed or rendered incon#31;venient by means of such work, before beginning the same, cause sufficient hoards or fences to be put up in order to separate the house where such works are being carried on from the road, and shall keep such hoard or fence standing and in good condition, to the satisfaction of the Board, during such time as the public safety or convenience requires, and shall cause the same to be sufficiently lighted during the night:Provided that no person shall put up such hoard or fence without the written permission of the Board, nor shall he keep up the said hoard or fence for a time longer than allowed in the said written permission.(2) Any person who contravenes the provisions of sub-s.(1) or who without written permission
Any person, who without the permission of the Board:(a) encroaches upon any public road or house-gully or upon any public drain, sewer, aqueduct, water-course or ghat by making any excavation or by erecting any wall, fence, rail, post, projec#31;tion or other obstruction, or by depositing any movable pro#31;perty thereon; or(b) takes up or alters the pavements or other material, fences or posts on any public road;shall, for every such offence, be liable to a fine not exceeding two hundred rupees and to a further fine not exceeding twenty-five rupees for every day during which the encroachment continues.
The Board may issue a notice requiring any person to remove any building which he may have built or any fence, rail, post or other obstruction or encroachment which he may have erected, on any public road, house-gully, public drain, sewer, aqueduct, water-course, ghat or any land vested in the Board; and if, such person fails to comply with such requisition within forty eight hours of the receipt of the same, the Magistrate may, on the application of the Board, order that such obstruction or encroachment be removed ; and thereupon the Board may remove any such obstruction or encroachment and the expenses thereby incurred shall be paid by the person who erected the same.
(1) If the person who built or erected the said building, fence, rail, post or other obstruction or encroachment referred to in the preceding section is not known or cannot be found, the Board may cause a notice to be posted in the neighbourhood of the said building, fence, rail, post or other obstruction or encroachment, requiring any person interested in the same to remove it, and it shall not be necessary to name any person in such requisition.(2) If the said building, fence, rail, post or other obstruction or en#31;croachment be not removed in compliance with the requisition contained in such notice within forty-eight hours of the posting of the same, the Magistrate may, on the application of Board, order that such obstruction or encroachment be removed; and thereupon the Board may remove any such obstruction or encroachment, and may recover the cost of such removal by sale of the materials so r
(1) The Board may issue a notice requiring the owner or occupier of any house to remove or alter any projection, obstruction or encroachment erected or placed against or in front of such house, if the same overhangs the public road just into, or in any way projects or encroaches upon, or is an obstruction to the safe and convenient passages along any public road or house-gully, or obstructs, or projects, or encroaches into or upon any drain, sewer, or aqueduct in any public road or into or upon any public water-course or ghat or any land vested in the Board.(2) If such owner or occupier fails to comply with such requisition within forty-eight hours of the receipt of the same, or within such further time as the Board may allow, the Magistrate may, on the application of the Board, order that such projection, obstruction or encroachment be removed or altered; and thereupon the Beard may remove or alter
Notwithstanding anything contained in Sections159 and161, a District Magistrate or a Sub-divisional Magistrate may, within his jurisdic#31;tion, on being so empowered by the State Government, order any person responsible for any obstruction or encroachment or projection as specified in Sections 159 and 161 to remove or alter such obstruction or encroachment or projection within a period not less than forty-eight hours and on non-compliance with such order may take all necessary steps to remove or alter such obstruction or encroachment or projection and realise the expenses thereby incurred from the person concerned as fine in a Criminal Court:Provided that in case the person or persons responsible for such obstruction, encroachment or projection is/are not known or cannot be found the procedure laid down in S. 160 shall be followed.
Every order made by the Magistrate under Sections 159, 160, 161 or 162 shall be deem#31;ed to be an order made by him to the discharge of his judicial duty and the Board shall be deemed to be persons bound to execute such order within the meaning of the Judicial Officers Protection Act, 1850 (Act XVIII of 1850).
(1) Whenever a Board considers it expedient to define the general alignment of buildings on each or either side of any existing or proposed public road or drain, it shall give public notice of its intention to do so.(2) Every such notice shall specify a period within which objections will be received, and a copy of such notice shall be sent to every owner of premises abutting on such road or drain who is registered in respect of such premises on the books of the municipality; provided that ace failure or omission to serve such notice on any owner shall not invalidate proceedings under this section.(3) The Board shall consider all objections received within the spe#31;cified period and may then pass a resolution defining the said alignment and the alignment so defined shall be called “the regular line” of the road or drain.(4) Every order made under sub-s. (3) shall be widely publ
(1) No platform shall be erected, re-erected or extended upon or over any public road or drain without the previous sanction of the Board.(2) The owner of every platform, except platforms which are used for giving such access to the houses as the Board may consider necessary shall, if the Board in a meeting so direct take out a licence for keeping the platform. For every such licence there shall be paid annually a fee to be fixed by the Board at a meeting.(3) Every such licence shall remain in force for one year and shall be renewable annually.(4) Any platform erected, re-erected, extended or maintained in con#31;travention of the provisions of sub-ss. (1). (2) and (3) shall be deemed to be an “obstruction” for the purposes of Sections 159, 160 and 161.
Whenever any budding or other erection, or any tree, falls down and obstructs any public drain or encumbers any public road, he may remove such obstruction or encumbrance at the expense of the owner of the same, or may require him to remove the same within such time as the Board shall see fit.
If any person, in order to provide for the passage of water, or for any other purpose, shall, without the consent of the Board, dig or cut any public road, he shall be liable to a fine not exceeding twenty-five rupees, and in addition be found to pay the expenses incurred in filling up any excavation made by him or on his behalf in any such public road.
The Board may require the owner or occupier of any land within three days to trim or prune the hedges thereon bordering on any public road or drain, and to cut and trim any trees or bamboos thereon overhanging any public road, drain or tank, or any well used for drinking purposes, or obstructing any public road or drain or causing or likely to cause damage to any public road or drain or any property of the Board, or likely to cause damage to person using any public road, or fouling or likely to foul the water of any well or tank.
Whoever being the owner or occupier of any house or land within a municipality, fails to comply with a requisition issued by the Board under the provisions of Sections 159, 161, 164, 166 or 168, shall be liable for every such default, to a penalty not exceeding fifty rupees and to a further penalty not exceeding ten rupees for every day during which the default is con#31;tinued after the expiration of eight days from the date of service on him of such requisition.
(1) The Board at a meeting may cause a name to be given to any public road and to be affixed in such place as it may think fit, and may also cause a number to be affixed to every house, and in like manner may, from time to time, cause such names and numbers to be altered.(2) Any person who destroys, pulls down, defaces or alters any name or number put up by the Board under sub-s. (1) shall, for every such offence, be liable to a penalty not exceeding twenty rupees.Buildings
(1) No person shall erect, materially alter, or re-erect or commence to erect, materially alter or re-erect any building without sanction of the Board:Provided that in an area in respect of which an authority has been constituted under the Assam Town and Country Planning Act, 1959, the power of giving sanction to erect, materially alter or re-erect or commence to erect, materially alter or re-erect any building shall vest in that authority and the sanction given by that authority shall be deemed to be a sanction of the Board.(2) Every person who intends to erect, materially alter or re-erect any building shall give notice in writing to the Board of such intention.(3) When bye-laws have been framed under Section 302, no notice under sub-s. (2) shall be considered to be valid until notice is served under Cl. (iii) with such information a is necessary under Cl. (iv) of that section,
In any case in which no bye-laws have been made under S. 302, Cl. (iv), the Board may, within fourteen days of the receipt of the notice required by S. 171, sub-s. (2), require a person who has given such notice to furnish, within one week of the receipt by him of the requi#31;sition, information on all or any of the matters as to which bye-laws might have been made, and in such case the notice shall not be valid until such information has been furnished.
The Board at a meeting may dis#31;pense with the observance of any or all of the bye-laws made under S. 302, Cls. (iii) and (iv), in regard to the erection, material alteration or re-erection of any building or class of buildings specified by it.
(1) Within one month after the receipt of the notice required by S. 171, sub-s. (2), or Cl. (iii) of S. 302, the Board may refuse to sanction the building or may sanction it either absolutely or subject to such modification as it may deem fit in respect of all or any of the matters specified in S. 302, Cl. (iv); and the person erecting, materially altering or re-erecting any such building as aforesaid shall comply with the sanction of the Board as granted in every particular.(2) Should the Board neglect or omit for one month after the receipt of a valid notice to make and deliver to the person who has given such notice an order of sanction or refusal in respect thereof, it shall be deemed to have sanctioned the proposed building absolutely.Explanation. The Board may refuse to sanction the erection, material alteration or re-erection of any building either on the grounds affecting the parti
A permission to erect, materially alter or re-erect a building granted under this Chapter or deemed to have been given by the Board shall, unless it is renewed on an application made to the Board for this purpose, continue only for one year after the date on which it is granted, unless the work has been commenced within that period and in any case shall not continue for a period longer than two years from the said date unless it is so renewed.
Whoever erects, materially alters or re-erects or commences to erect, mate#31;rially alter or re-erect any building without the previous sanction of the Board, or in contravention of any directions given by the Board granting sanction under S. 174, shall be liable to a fine not exceeding one hundred rupees for every such offence, and to a further fine not exceeding five rupees for each day during which the offence is continued after he has been convicted of such offence.
(1) Should a building be begun, materially altered or erected:(a) without sanction as required by S. 171 (1) ; or(b) without notice as required by S. 171 (2); or Cl. (iii) of S. 302; or(c) when sanction has been refused; or(d) in contravention of the terms of any sanction granted; or(e) when the sanction has lapsed; or(f) in contravention of any bye-laws made under S. 302, Cl. (v) ;the Board may, by notice to be delivered within a reasonable time, require the building to be altered or demolished as it may deem necessary, within the space of thirty days from the date of the service of such notice:Provided that no such notice shall issue in respect of the contraven#31;tion of any bye-law the observance of which has been dispensed with under S. 173;Provided also that the Board at a meeting may, instead of requiring the alte
Subject to any other provisions in this Act as regards compensation, no com#31;pensation shall be claimable by an owner for any damage which he may sustain in consequence of the prohibition of the erection of any building.
The Board at a meeting may, by written notice, require any person who has made any external roof or wall with thatch, mats, leaves or other inflam#31;mable materials in contravention of a bye-law made under S. 302, to remove or alter such roof or wall within a period to be specified m the notice.
The Board may attach or cause to be attached to the outside of any building brackets for lamps in such manner as not to occasion any injury thereto or inconvenience.
(1) Should a building or a room in a building be in the opinion of the Board unfit for human habitation in consequence of the want of proper means of drainage or ventilation or otherwise, the Board may, by notice, prohibit the owner or occupier thereof from using the building or room for human habitation or suffering it to be so used either absolutely or unless, within a time to be specified in the notice, effects such alteration therein as is specified in the notice.(2) Upon failure of a person to whom notice is issued under sub-s. (1) to comply therewith, the Board may require by further notice the demoli#31;tion of the building or room.(3) Any person who uses a building or room or suffers it to be used contrary to the provisions of sub-s. (1) shall be liable, for every such offence to a fine not exceeding fifty rupees, and to a further fine not exceed#31;ing ten rupees for every day dur
(1) If it appears to the Board for sanitary reasons so to do, it may authorise an officer of the municipality to inspect a building after due notice to the owner or occupier. It may then by a written notice require the owner or occupier of any building to cause the same or any portion thereof to be lime-washed or otherwise cleansed either externally or internally or both externally and internally.(2) Any owner or occupier of building, who fails to comply with a requisition issued under the provisions of sub-S. (1), shall be liable, for every such default, to a penalty not exceeding twenty-five rupees and to a further penalty not exceeding five rupees for every day during which the default is continued after the expiration of eight days from the date of service on him of such requisition.
(1) A Board may require by notice the owner or occupier of any land or building:(a) to demolish, secure or repair within eight days from the date of service of the notice in such manner as it deems necessary, any building or portion of a building, wall or other structure or anything affixed thereto which appears to it to be in a ruin#31;ous condition or dangerous to inmates, if any, passers-by or other property, or(b) to repair, secure or enclose, within eight days from the date of the notice, in such manner as it deems necessary any tank, well or excavation belonging to such owner or in the possession of such occupier which appears to the Board to be dangerous to persons by reason of its situation, want of repair or other such circumstances.(2) Where it appears to the Board that immediate action is necessary for the purpose of preventing imminent danger to any person or property
Whenever it appears to the Board that any building by reason of abandonment of dis#31;puted ownership or other cause is untenanted, or by reason of having fallen into ruins, affords facilities for the commission of a nuisance by disorderly persons or for the harbouring of snakes or other noxious animals, the Board may require the owner of such building or the owner of the land to which such building is attached, to properly secure the same, or to remove or level such ruins, as the case may require.
Any owner or occupier of a house or land who fails to comply with a requisi#31;tion issued by the Board under the provisions of S. 183 or 184, shall be liable, for every such default, to a penalty not exceeding one hundred rupees, and to a further penalty not exceeding twenty rupees for every day during which the default is continued after the expiration of eight days from the date of service on him of such requisition. Tanks, wells, streams, etc.
(1) The Board may, by order published at such places as it may think fit, set apart con#31;venient wells, tanks, parts of rivers, streams, channels or water-courses, not being private property, for the supply of water for drinking or for culinary purposes and may prohibit therein all bathing, washing of clothes and animals, or other acts calculated to pollute the water set apart for the purposes aforesaid;and may similar set apart a sufficient number of the same for the purpose of bathing;and a sufficient number for washing animals and clothes or for any other purpose connected with the health, cleanliness or comfort of the inhabitants.(2) The Board may, by an order published at such places as it may think fit, prohibit in the private portion of any stream, channel or water#31;course used as a part of the public water supply, bathing, washing of clothes or animals, or any act lik
If the Assistant Director of Public Health, Civil Surgeon, District or Sub-divi#31;sional Medical Officer of Health or Health Officer certifies that the water in any well, tank or water-course situated within a municipality is likely, if used for any purposes, to endanger or cause the spread of disease, the Board may, by public notice prohibit the removal or use of such water during a period to be specified in such order ; in the case of a private well or tank require the owner of, or person having control over it, to close it permanently or to fill it up with suitable materials.
Any person who disobeys an order passed by the Board under the provisions of S. 186 or 187 shall, for every such offence, be liable to a penalty not exceeding fifty rupees.Dangerous or insanitary holdings and other places
The Board may, by notice, require the owner or occupier of any land within such time as the Board may fix to cut and remove any trees or bamboos or branches thereof, or eradicate and destroy lantana, eupatorium, or other vegetation or undergrowth which may appear to the Board to be insanitary, injurious to health or offensive to the neighbourhood or to be causing or likely to cause damage or destruction to any crop growing or to be grown, or to be obstructing or likely to obstruct the free passing of men or animals along a public road, or of any boat or steam vessel along a public waterway.
Whenever any land, being private property, or within any private enclosure, appears to the Board by want of drainage to be in a state injurious to health or offensive to the neighbourhood, or by reason of inequalities of surface to afford facilities for the commission of a nuisance, the Board may require to be owner or occupier or the owners and occupiers of such land, within fifteen days to drain such land or level such surface :Provided that, if for the purpose of effecting any drainage under this section it shall be necessary to acquire any land not being properly of the person who is required to drain his land, or to pay compensation to any other person, the Board shall provide such land and pay such compensation.
(1) The Board may require the owner or occupier of any land within eight days or such longer period as the Board may fix, either to re-excavate or at his option fill up with suitable material or to cleanse any well, water-course, private tank or pool therein, and to drain off and remove any waste or stagnant water which may appear to be injurious to health or offensive to the neighbourhood:Provided that if, for the purpose of effecting any drainage under this section it shall be necessary to acquire any land not being the property of the person who is required to drain his land or to pay compensation to any other person, the Board shall provide such land and pay such compensation.(2) If under the provisions of this Act the Board execute the work of such re-excavation or filling up with suitable material, it may retain posses#31;sion of the tank or pool or the site of such tank or pool and
If any well, tank or other exca#31;vation, whether on public or private ground, be, for want of sufficient repair or protection, dangerous to passers-by, the Board shall forthwith require by notice such owner or occupier or such owners and occupiers within eight days properly to secure or protect such well, tank or other ex#31;cavation; and if after the said period the work is not executed, the Board shall cause a temporary hoard or fence to be put up for the protection of passers-by and recover the expenses so incurred from the owner or occu#31;pier or the owners and occupiers of the land on which such tank, well or other excavation is situated.
Any owner or occupier of a house or land who fails to comply with a requisition issued by the Board under the provisions of S, 189, 190, 191 or 192 shall be liable for every such default, to a penalty not exceeding one hundred rupees, and to a further penalty not exceeding twenty rupees for every day during which the default is continued after the expiration of eight days from the date of service on him of such requisition.
If the Assistant Director of Public Health, Civil Surgeon, District or Sub-divisional Medical Officer of Health or the Health Officer certifies that the cultivation of any description of crop, or the use of any kind of manure, or the irrigation of land in any specified manner:(a) in any place within the limit of the municipality is injurious, or facilitates practices which are injurious to the health of persons dwelling in the neighbourhood; or(b) in any place within or without the limits of the municipality, is likely to contaminate the water supply of the municipality or otherwise renders it unfit for drinking purposes,the State Government may, on receipt of an application from the Board, by public notice, prohibit the cultivation of such crop, the use of such manure, or the use of the method of irrigation so certified to be injurious, or impose such conditions with respect the
(1) The Board at a meeting may, by a general order, prohibit in the whole or any part of the municipality the making of excavations for the purposes of taking earth or stone there#31;from, or for the purposes of storing rubbish or offensive matter therein and the digging of tanks or pits without special permission previously obtained from it.(2) If any such excavation, tank or pit is made after the issue and publication of such order without such special permission, the Board may require the owners and occupiers of the land on which such excavation, tank or pit is made within two weeks to fill up such excavation and in case of failure may cause such excavation to be filled up and recover the cost thereof from the person so required.(3) Any person who contravenes an order made under sub-s. (1) shall be liable, for every such offence, to a fine not exceeding twenty-five rupees.
The Board may provide and main#31;tain in sufficient number and in proper situation, public latrines and urinals for the separate use of each sex, and shall cause the same to be kept in proper order and to be properly cleansed.
(1) No person shall construct a latrine or urinal without a written permission of the Board.Every person constructing a latrine or urinal shall have such latrine or urinal shut out by a sufficient roof and wall or fence from the view of persons passing by or residing in the neighbourhood; and the Board may require any owner or occupier of land on which a latrine or urinal stands to cause the same to be shut out from view as aforesaid within fifteen days.(2) Any person constructing a latrine or urinal and failing to have it shut out from view as required in sub-S. (1), shall be liable to a fine not exceeding twenty rupees and a daily fine of one rupee until it shall have been so shut out from view.
(1) If the Board think that any latrine or urinal or additional or common latrine or urinal should be provided for any house or land within the limits of the owners of such, house or land, shall, within fourteen days after notice given by the Board, or within such longer time as the Board may for special reasons allow, cause such latrine or urinal to be construct#31;ed in accordance with the requisition, and, if such latrine or urinal is not constructed to the satisfaction of the Board within such period, the Board may cause the same to be constructed, and the expenses thereby incurred shall be recoverable from the owner.(2) Any person failing to comply with the requisition within the time allowed under sub-s. (1) shall be liable to a fine of not exceeding twenty-five rupees and a daily fine of one rupee during which the default is continued.(3) The Board may, for the purposes of this sect
(1) No person shall, without a special permission of the Board, construct a latrine or urinal with a door or a trap door opening on to any public road or drain.(2) No person shall, without the written permission of the Board, cons#31;truct or keep any latrine, urinal, cess-pool, drain or other receptacle for sewage or other offensive matter within fifty feet of any public tank or water-course or a tank or water-course which the inhabitants of any locality use or any well.(3) The Board may require any owner and occupier upon whose land any latrine or urinal such as is mentioned in sub-s. (1) or any latrine, urinal, cess-pool, drain or other receptacle so situated as is mentioned in sub-s. (2) exists, or may hereafter be constructed, to remove the same within eight days.(4) Any person who contravenes any provision of sub-ss. (1) and (2) shall be liable for every such offence to a f
The Board, or any person authorised by it in that behalf, may inspect all latrines, urinals, cess-pools, drains and other receptacles for sewage or other offensive matter at any time between sunrise and sunset, after six hours notice in writing to the occupier of pre#31;mises in which such latrines, urinals, cess-pools, drains or receptacles are situated, and may, if necessary, cause the ground to be opened where it or he may think fit for the purpose of preventing or removing any nuisance arising from such latrines, urinals, cess-pools, drains or receptacles, and the expenses thereby incurred, if the Board so requires, shall be paid by the owner or occupier of such premises. The expense of causing the ground to be closed and made good as before shall be borne by the Board.
The Board may require the owner or occupier, or the owner and occupier of any land, within fifteen days to repair and make efficient any latrine, urinal, cess-pool, drain or receptacle for sewage or other offensive matter or to close any latrine, urinal, cess-pool or receptacle which is situated on such land.
If the owner or occupier of any latrine, urinal, cess-pool, drain or other receptacles for sewage or other offensive matter neglects or refuses, after warning from the Board to keep the same in a proper state of repair and efficiency, he shall be liable to a penalty not exceeding fifty rupees and a daily fine not exceed#31;ing five rupees during which the offence is continued :Provided that no person who pays a latrine tax shall be liable to punishment for non-compliance with the provision of this section where the default is exclusively due to the failure of the Board to perform its obligation under this Act.
(1) If any latrine, urinal, cess-pool, drain or other receptacle for sewage or other offensive matter be defective or be constructed contrary to the directions of the Board, or contrary to the provisions of this Act or any bye-law passed under this Act ; or if any person without the consent of the Board cons#31;tructs, re-builds or opens any latrine, urinal, cess-pool, drain or receptacle which has been ordered by it to be demolished or closed up or not to be made, the Board may cause such addition or alteration to be made in any such latrine, urinal, cess-pool, drain or receptacle as it think fit or may cause the same to be removed and the expenses thereby incurred shall be paid by the person by whom such latrine, urinal, cess-pool, drain or receptacle was improperly constructed, re-built or opened.(2) The person by whom such latrine, urinal, cess-pool, drain or recep#31;tacle is improperly constru
(1) If any person, without the written consent of the Board first obtained, makes or causes to be made, or alters or causes to be altered, any, drain leading into any sewer, drain, water-course, road or land vested in the Board, the Board may cause such branch drain to be demolished, altered, re-made or otherwise dealt with as it shall think fit, and the expenses thereby incurred shall be paid by such person making or altering such branch drain.(2) The person so making or altering such branch drain shall also be liable for every such offence to a fine not exceeding fifty rupees.
Whoever causes or allows the water of any sink, sewer, latrine, urinal, cess-pool, or any other offensive matter belonging to him or being on his land, to run, drain or be thrown or put upon any public road, or causes or allows any offensive matter to run, drain or thrown into a surface drain near any public road, shall be liable to a fine not exceeding twenty-five rupees and a daily fine not exceeding five rupees during which the, offence is continued,
If any land, being within one hundred feet of a sewer, drain or other outlet into which such land may, in the opinion of the Board be drained, is not drained to the satisfac#31;tion of the Board, the Board may require the owner within one month to drain the said land into such sewer, drain or outlet.
Any person who fails to comply with a requisition issued by the Board under the provisions of S. 201 or 206 shall be liable for every such offence, to a fine not exceeding twenty-five rupees and a further fine not exceeding five rupees for every day during which he shall continue to make such default after service on him of such requisition.
(1) If it appears to the Board at a meeting that a grouper block of houses may be drained or improved more effectively, economically or advantageously in combination than separately, and if a sewer, drain or other outlet already exists or is about to be constructed within one hundred feet of any part of such group or block of houses, the Board may cause such group or block of houses to be so drained and improved:and the expenses thereby incurred shall be recovered from the owners of such houses in such proportions as shall be to the Board seem fit.(2) Not less than one month before any such work is commenced, tire Board shall give to each owner:(a) a written notice of the nature of the proposed work;(b) an estimate of the expenses to be incurred in respect thereof and on the promotion of such expenses payable by him.Control in respect of public health
The Director of Health Services may, from time to time as occasion requires, recommend for adoption, by the Municipal Boards, such measures as may be necessary for improving the public health administration or for safeguarding the public health therein:Provided that if on account of financial or other resources, any Muni#31;cipal Board is unable to carry out such measures or if there is any difference of opinion between the Municipal Board and the Director, the matter shall be referred to the State Government whose decision shall be final.
(1) The Director or the Sub-divisional Medical Officer of Health, as the case may be, shall regularly but not less than twice a year inspect the different areas of the municipalities in their jurisdiction and send copies of their recorded notes to the Municipal Boards concerned and to the Director of Health Services. The Municipal Board shall consider the inspection notes at the next meet#31;ing of the Board and submit a report of the action taken or proposed to be taken to the State Government through the Director of Health Services who shall forward a copy of the report with his comments and suggestions to the State Government.(2) The Assistant Director of Public Health shall also make inspec#31;tion of the municipal areas as often as is possible and his inspection reports shall be dealt with in the same manner as stated in sub-s. (1).Removal of sewage, offensive matter and rubbish
(1) The Board shall provide for the removal:(a) of sewage, rubbish and offensive matter from all public latrines, urinals and drains and from all public roads and all other pro#31;perty vested in the Board; and(b) in any municipality wherein a latrine-tax has been imposed under S. 68 (1) (d), sewage and offensive matter from all private latrines, urinals and cess-pools,and for the disposal of such sewage, rubbish or offensive matter and for the cleansing of such latrines, urinals, drains and cess-pools, and shall maintain sufficient establishment, animals, carts, motor trucks and imple#31;ments for the said purposes.(2) Whenever an order such as is referred to in S. 214 shall have been published, no sweeper or other servant of the Board employed to move or deal with sewage, offensive matter or rubbish shall wilfully absent himself from his duties without the permission
A Board may also introduce a sewerage scheme for removal of sewage by flushing with water through underground closed sewers. When a Board introduces such a scheme in its area the Board may, where felt necessary, with the approval of the State Govern#31;ment, levy additional latrine and water taxes to meet the cost and main#31;tenance of such scheme.
The Board at a meeting may make an order requiring all persons employed in the removal of sewage, offensive matter and rubbish within the limits of the municipality or any part thereof, to take out licences, and to be ser#31;vants of the Board for the purpose of removing sewage, offensive matter and rubbish from premises within the said limits.
(1) The Board at a meeting may, from time to time, by an order published in the pres#31;cribed manner appoint the hours within which sewage and offensive matter may be removed, the manner in which the same shall be removed, as also the hours within which only any occupier of any house or land may place rubbish in a receptacle provided by the Board on or by the side of the public road.(2) The Board may provide places convenient for the deposit of sewage and offensive matter and may require the occupiers of houses to cause the same to be deposited daily or at other stated intervals in such places, and may remove the same at the expense of the occupiers from any house if the occupier thereof fails to do so.(3) The Board may charge such fees as it may think fit in respect of the removal of such rubbish as is referred to in sub-s. (1), with the consent of the occupiers of any house or land, fro
Any occupier of a house on or near a public road who keeps or allows to be kept, for more than twenty-four hours or for more than such shorter time as may be appointed by the Board otherwise than in some proper receptacle, any bones, ashes, sewage or any noxious or offensive matter in or upon such house, or in any outhouse, yard or ground attached to and occupied with such house, or suffers such receptacle to be in a filthy or noxious state, or neglects to employ proper means to cleans the same shall, for every such offence, be liable to a penalty not exceeding twenty rupees.
Any person who, without the permission of the Board, throws or puts, or per#31;mits his servants to throw or put, any sewage or offensive matter on any public road, or who throws or puts, or permits his servants to throw or put, any earth, rubbish, sewage or offensive matter into any sewer or drain belonging to the Board, or into any drain communicating therewith, shall be liable, for every such offence, to a fine not exceeding twenty-five rupees.
All servants of the Board employed for the purposes mentioned in S 211 may, within such hours as may be fixed by the Board enter any premises, of which the occupier or owner is liable to pay latrine-tax and do all things necessary for the per#31;formance of their duties.Compost making
Where the State Government so requires, it shall be the duty of the Board to subject all offensive matter, rubbish and sewage to the process of making compost manure. For this purpose the Board at a meeting shall draw up a scheme providing sufficient trenching grounds and taking other steps as may be advised by the Agriculture Department of Government from time to time. The Local Officer of the Agriculture Department not below the rank of an Inspector, if required by the Board, may attend the meetings of the Board, when discussing this matter, to render such help as may be required by the Board in drawing up the scheme The Board at a meeting may also set up an Advisory Committee consisting of such number of members of the Board as it may think fit and may also include in the said Committee any local Agriculture Officer of the status heretofore mentioned.When the Board is required to undertake compos
Without prejudice to the generality of the definition of the expression “Nuisance” contained in Cl. (30) of S. 3, the following shall be deemed specifically to be “nuisance” under this Act:(1) any premises in such a state as to be prejudicial to health;(2) any tank, pond, pool, ditch, gutter, water-course, water-trough, latrine, cess-pool, drain or ash-pit which is so foul or in such & state as to be prejudicial to health;(3) any animal kept in such a place or manner as to be prejudicial to health;(4) any accumulation or deposit of refuse or other matter which is prejudicial to health;(5) any factory, workshop or workplace, which is not provided with sufficient means of ventilation, or in which sufficient venti#31;lation is not maintained, or which is not kept clean or not kept free from noxious effluvia, or which is so overcrowded while work is carried on as
Every Municipal Board shall:(a) cause its local area to be inspected frequently with a view to ascertain what nuisances exist therein calling for abatement; and(b) serve the owner or occupier of the land on which the nuisance exist with notice to remove the same within such time as the Board may fix.
If the person on whom a notice has been served under the preceding section fails to comply with its require#31;ments within the time specified therein or if the nuisance although abated within such time is, in the opinion of the Board, likely to recur, the Board may arrange for the execution of any works necessary to abate the nui#31;sance or to prevent its recurrence, as the case may be, and may recover the cost from such person as if it were a tax due to the Board.
Upon the receipt of such information the Board shall make an enquiry and if sat#31;isfied of the existence of nuisance may proceed in the manner laid down in the two preceding sections.Private Markets
(1) The Board at a meeting may order that within such limits as it may fix, no land shall be used as a market otherwise than under a licence to be granted by the Board. The licence may be for one year and thereafter liable to renewal annually.(2) On the issue of an order as in sub-s. (1) the Board at a meeting may grant a licence for the use of any land as a market:Provided that the Board shall not:(a) refuse a licence for the maintenance of a market lawfully established on the date of such order coming into force, if application be made within six months from such date except on the ground that the place where the market is established fails to comply with any conditions prescribed by or made under this Act; or(b) cancel, suspend or refuse to renew any licence granted under such order for any cause other than the failure of the licensee to comply with the conditions of
Whoever, being the owner or occupier of any land, wilfully or negligently permits the same to be used as a market without a licence under S. 223 shall be liable to a fine not exceeding five hundred rupees for every such offence, and to a further fine not exceeding two hundred rupees for each day during which the offence is continued after conviction of such offence.
(1) A Magistrate, on the application of the Board, may order any land in respect of which a con#31;viction shall have been obtained under the preceding section to be closed as a market place, and thereupon may make order to prevent such land being so used.(2) Every person who shall sell or expose for sale any article intended for food or drink or any live-stock or other merchandise on any land which shall have been so closed, shall be liable, for every such offence, to a fine not exceeding ten rupees.
(1) Every owner, occupier or farmer of a market, or of any place for the sale of meat, poultry, fish or vegetables, or of any slaughter-house, within the limits of a municipality, shall make or cause drains to be made therein as shall be considered sufficient by the Board, and if required to do so by the Board, shall cause all the floors and drains to be paved with stone or burnt brick, and cemented, and shall also cause a supply of water to be provided, sufficient for keeping such market, place or slaughter-house in a clean and wholesome state and also provide adequate ventilation, lighting of shops and stalls and passages and ways to or in such market.(2) If any such owner, occupier or farmer, after notice in writing given to him by the Board that such market, place or slaughter-house is defective in any of the particulars specified in sub-s. (1) and requiring him to remedy the defect specified wi
Any person directly or indirectly selling, exposing for sale, hawking or manufacturing, storing or possessing for sale any adulterated food, shall be dealt with in accordance with the provisions of the Prevention of Food Adulteration Act, 1954 (Act 37 of 1954). For this purpose the Board shall appoint at least one Ins#31;pector for the areas under his jurisdiction may authorise such other persons to exercise such of the powers of an Inspector as tray be prescrib#31;ed by rules under the Prevention of Food Adulteration Act, 1954 (Act 37 of 1954).Regulation of factories, workshops, offensive trades, etc.
(1) No person shall newly establish in any premises within the municipality any factory, workshop or work place in which it is intended to employ steam, water or other mechanical power to electrical power, without previous written permission of the Board which the Board may grant with prior approval of the District or the Sub-divisional Magistrate, as the case may be.(2) The application for permission shall be accompanied by a plan of the factory, workshop, work place, and sufficient particulars as regards the power, machinery and plant.(3) The Board shall, as soon as may be, after the receipt of the appli#31;cation:(a) grant the permission applied for either absolutely or subject to such condition as it thinks fit to impose; or(b) refuse permission if it is of opinion that the establishment of such factory, workshop, or work place in the proposed site:(i) wou
(1) Within such local limits as may be fixed by the Board at a meeting, no place shall be used without licence from the Board which shall be renewable annually, for any of the following purposes, namely:(a) melting tallow;(b) boiling offal or blood;(c) skinning or disemboweling animal;(d) the manufacture of bricks, pottery, tiles or lime in a kiln, panja or clamp or by and other similar method ;(e) as a soap-house, oil-boiling house, dyeing house;(f) as tannery, slaughter-house;(g) as a manufactory or place of business from which offensive or unwholesome odour may arise;(h) as a yard or depot for hay, straw, bamboo, thatching grass, jute or other dangerously inflammable material for the purpose of any trade;(i) any store-house for kerosene, petroleum, naphtha, coaltar or any inflammable oil or spirit or wholesale stock o
(1) No place within the municipality shall be kept open for the purposes of regular gain by means of public cinematographic exhibitions, dramatic performances, circuses, variety shows, or a place of public resort for similar recreations or amusements unless a licence has been granted therefor by the Board at a meeting, which licence shall be annually renewable, and in accordance with such conditions as the Board, subject to rule, may think fit to impose:Provided firstly, that such conditions shall not be inconsistent with the terms of any licence which may be required for such places under any other Act;Provided secondly, that this section shall not apply to private amateur performances or to performances held wholly for the benefit of a charity, in any such place; andProvided thirdly, that notwithstanding the provisions of sub-s. (2) of S, 68 the imposition of a licence fee exce
(1) Subject to the provisions of S. 233 any licence granted under S. 230 by the Board at a meeting, or the Board, as the case may be, may, at any time, be suspended or revoked by the authority granting the licence, if any of the restrictions, limitations, or conditions attached to the licence be evaded or infringed by the grantee, or if the grantee be convicted of a breach of any of the provi#31;sions of the Act or of any rule or bye-law made thereunder in any matter to which such licence relates, or if the grantee has obtained the same by misrepresentation or fraud.(2) When any such licence is suspended or revoked, and until such order of suspension or revocation is cancelled, or when the period for which it was granted, or the period within which application for renewal should be made has expired, whichever expires later, the grantee shall, for all purposes of this Act or any rule or bye-law made
Every order granting, refusing, suspending, revoking, or modifying a licence under S. 230 or b. 231, as the case may be, shall be in writing, shall state the ground on which it proceeds, shall be published on the notice board of the Boards office, and shall also be served on the owner of the premises concerned within fourteen days.
Any person aggrieved by an order granting, refusing, suspending or revoking a licence under S. 230 or S. 231, as the case may be, may, notwithstanding anything contained else#31;where in this Act, appeal:(a) to the State Government in the case of an order passed by the Board at a meeting;(b) to the Deputy Commissioner in the case of an order passed by the Board:Provided that no such appeal shall be entertained unless it is received within thirty days of the date of the order complained of.The decision of the State Government, or the Deputy Commissioner, as the case may be, shall be final and shall not be questioned in any Court.
(1) If it be shown to the satisfaction of the Board at a meeting that any place licensed under S. 229 cause any nuisance or is injurious to the health of the neighbourhood, it may, notwithstanding anything contained in the said section, give notice to the occupier to discontinue the use of such place within one month after the date of such notice :Provided that no such notice shall be given until the licensee shall have been given reasonable opportunity of showing cause against such notice and the Board shall refund so much of any fee levied in respect of such place under S, 68, sub-s. (2) as may be proportionate to the unexpired portion of the year for which the licence was granted.(2) If any person, after the expiration of the time specified in a notice issued by the Board under the provisions of sub-s. (1), uses or permits to be used the place specified in such notice in such a manner a
Within such local limits as may be fixed by the Board at a meeting, no place shall, without the permission of the Board be used for the manufacture of brick, pottery, tiles or lime in a kiln, panja or clamp or by any other similar method.
Any person who:(1) without a licence uses any place for any of the purposes spe#31;cified in S. 229 or uses any place for the manufacture of bricks,pottery, tiles or lime in contravention of the provisions of S. 235; or(2) being a holder of a licence under S. 229 breaks any condition of such licence; or(3) uses any place for the purposes of public cinematographic exhibitions, dramatic performances, circuses or variety shows, or as a place- of public resort for similar recreation or amuse#31;ments in contravention of the provisions of S, 230;shall be liable to a fine not exceeding one hundred rupees, and to a further fine not exceeding twenty rupees for every day during which the offence is continued after he has been convicted of such offence.Infectious and contagious diseases
In the event of the prevalence or threatened outbreak of any infectious disease in any municipal area, or of any unusual mortality therein, the Municipal Board concerned shall provide such staff, medicines, appliances, equipments and other things as may, in the opinion of the State Government, be necessary for the treatment of such infectious disease and preventing it from spreading.
Any person who:(a) being a medical practitioner and being cognizant of the exis#31;tence of any infectious or contagious diseases in any dwelling other than a public hospital, or(b) being the owner or occupier of such dwelling and being cogni#31;zant of the existence of any such disease therein, or(c) being the person in charge of or in attendance on, any person suffering from any such disease in such dwelling and being cognizant of the existence of the disease therein,fails to give information forthwith to such officer as the Board may direct or gives false information, respecting the existence of such disease, shall be punishable with fine which may extend to fifty rupees.
In any municipality when any person suffering from any infectious or con#31;tagious disease is found to be:(a) without proper lodging or accommodation, or(b) living in a Serial or other public hostel, or(c) living in a room or house which neither he nor any one, of whom he is a dependent, either owns or pays rent for,the Board, by any person authorised by it in this behalf, may, on the advice of an Assistant Surgeon I, remove the patient to any hospital or place at which persons suffering from such disease are received for medical treatment, and may do anything necessary for such removal.
(1) If the Board is of opinion that the cleansing or disinfecting of a building or any part thereof or of any article therein, which is likely to retain infection, will tend to prevent or check the spread of any disease, it may, by notice, require the owner or occupier to cleanse or disinfect the same in the manner and within the time prescribed in such notice.(2) If:(a) within the time specified as aforesaid from the receipt of the notice the person on whom the notice is served fails to have the building or part thereof or the article disinfected as aforesaid within the time fixed in the notice, or(b) the occupier or the owner, as the case may be, gives his consent,the Board may, at the cost of such owner or occupier, cause the building or part thereof and articles to be cleansed and disinfected:Provided that the Board may in its discretion pay the whole or a
Every person knowingly letting a house or other building or part of a house or building in which any per#31;son suffering from an infectious or contagious disease, had lived without having such house or other building or part thereof and all articles therein liable to retain infection disinfected thereafter to the satisfaction of the Board shall be liable to a penalty not exceeding two hundred rupees.For the purposes of this section a hotel or lodging house keeper shall be deemed to let part of his house to any person admitted as a guest into his hotel or lodging house.
The Board may:(a) provide proper places, with all necessary attendants and apparatus for the disinfection of conveyances, clothing, bedding or other articles which have been exposed to infection,(b) cause conveyances, clothing or other articles bought for disin#31;fection to be disinfected free of charge or subject to such charges as may be approved by it, and(c) direct any clothing, bedding or other articles likely to retain infection to be disinfected or destroyed, and shall give compen#31;sation for any article destroyed under this section.
Whoever, while suffering from an infectious, contagious or loathsome disease:(a) makes or offers for sale any article of food or drink for human consumption or any medicine, drug or clothing, or(b) wilfully touches any such articles, medicine, drug or clothing, when exposed for sale by others, or(c) takes any part in the business of washing or carrying soiled clothes,shall be punishable with fine which may extend to twenty rupees.
Any person who:(a) while suffering from any infectious or contagious disease wilfully exposes himself in any road, public place, shop, bazaar or any place used in common by persons other than members of the family or household to which such infected person belongs, or causes or suffers himself to be carried in a public conveyance without proper precautions against spreading of the said diseases, or(b) being in charge of any person so suffering, so exposes such sufferer, or so carries or permits him to be carried in a public conveyance;shall be punishable with fine which may extend to twenty rupees.
The Board may authorise any officer to enter, at any time between sunrise and sunset, after three hours notice, into any building or premises in which any infectious or contagious disease is reported or suspected to exist, for the purposes of inspecting such building or premises.
The Board may provide and maintain suitable conveyance for the free carriage of person suffering from any infectious or contagious disease or of dead bodies of persons who have died from any such disease.
(1) The Board may, with a view to preventing the spread of any infectious or contagious disease, order that for a specified time, any market, tea stall or restaurant, hotel or lodging house within the municipality shall be closed, or forbid any persons to attend any such market, tea stall or restaurant, hotel or lodging-house.(2) Such order shall be publicly notified in such manner and at such places as the Board shall direct, and notice thereof shall be served on the owner, occupier or farmer of the market or the keeper of the hotel or lodging house, tea stall or restaurant.(3) After complying with the notice, the owner, occupier, or farmer of the market or the keeper of the hotel or lodging-home, tea stall or restaurant or any person interested may appeal to the Deputy Com#31;missioner, or where the Deputy Commissioner is the Chairman of the municipality, to the Commissioner of Division,
(1) The Board may, by notice, require the managing authority of any school situated within the municipality for a specified time with a view to preventing the spread of disease or any danger to health likely to arise from the condition of the school, either to close the school, or to exclude any scholars from attendance; and the managing authority shall comply with the notice.(2) After complying with the notice, managing authority may appeal to the Deputy Commissioner or, where the Deputy Commissioner is the Chairman of the municipality, to the Commissioner of Division, if it con#31;siders the notice to be unreasonable, and the order of the Deputy Com#31;missioner or of the Commissioner of Division, as the case may be, shall be final.(3) Any managing authority who fails to comply with the notice under sub-s. (1) shall be liable to a fine which may extend to fifty rupees.Explanati
It shall be the duty of the Municipal Boards to undertake Public Health work and also to formulate and execute schemes to eradicate mosquitoes and to prevent their breeding within the municipal areas.Extinction of fire
(1) For the prevention and extinction of fire, the Board at a meeting may resolve to establish and maintain a fire-brigade and to provide any implements, machinery, or means of communicating intelligence which the Board may think necessary for the efficient discharge of their duties by the brigade(2) The Board at a meeting may recognize and aid a volunteer fire brigade and provide for the guidance, training, discipline and conduct of the members thereof.
(1) On the occasion of a fire in a municipality, any Magistrate, or any commissioner of Municipal Board or the person in charge of a fire-brigade maintained by the Board, and direct#31;ing the operations in connection with the fire, or any police officer above the rank of a constable, when so directed by the Magistrate or commis#31;sioner, may—(a) remove or order the removal of any person who by his presence interferes with or impedes the operations for extinguishing the fire, or for saving life or property;(b) close any street or passage in or near which any fire is burning;(c) for the purpose of extinguishing the fire or preventing its spread, break into or pull down or cause to be broken into or pulled down or use for the passage of any house or other appliance, any premises;(d) cause mains and pipes to be shut off so as to give greater pres#31;sure of water in the p
(1) The Board at a meeting may, from time to time out of the municipal fund, provide fitting places to be used as burial or burning grounds either within or without the limits of the municipality.(2) The Board may, by public notice, order any burial or burning ground situated within municipal limits or any municipal burial or burning ground outside such limits which is certified by the Civil Surgeon or Health Officer to be dangerous to the health of persons living in the neighbourhood, to be closed, from a date to be specified in the notice, and shall, in such a case if no suitable place for burial or burning exists within a, reasonable distance, provide a fitting place for the purpose.(3) Should any person, without the permission of the Board, bury or burn or cause or permit to be buried or burnt, any corpse at any place which is not a burial or burning ground or in any burial or burning
The Board may, from time to time, out of the municipal fund, provide for the burial or burning of paupers, free of charge, within the limits of the municipality.
After the expiration of not less than twenty-four hours from the death of any person, the Board may Cause the corpse of such persons to be burnt or buried and the expenses thereby incurred shall be recoverable as a debt due from the estate of such person. In every such case, the corpse shall the disposed of, so far as may be possible, in manner consistent within the religious tenets of the deceased.
(1) The Board at a meeting may, from time to time, grant licences to persons applying for the same, for the sale at burning grounds of fuel and other articles used for the cremation of dead bodies and in case any such licence is granted shall, from time to time, prescribe a scale of rates for the sale of such articles ; and no person not so licensed shall within three hundred yards of any such burning grounds, sell or offer for sale any such fuel or other article.(2) The Board may on good and sufficient cause, revoke or withdraw any such licence, as it may think fit, and any person to whom such licence is granted, whose charges for the sale of any such article at any higher rate than the rate fixed, shall be liable to have his licence cancelled and shall be also liable to a fine not exceeding fifty rupees.Disorderly houses and persons
(1) The Board at a meeting may, by one month notice in writing, prohibit in any part of the municipality:(a) the keeping of a brothel;(b) the residence of a public prostitute.(2) Whoever contravenes an order notified under sub-s. (1) shall be punishable with imprisonment for a term which may extend to eight days or with fine which may extend to fifty rupees and in the case of a continu#31;ing failure with an additional fine not exceeding five rupees for every day after the first in regard to which he or she is convicted of having persisted in the failure.
On the complaint of the Board, or of three or more inhabitants of a municipality, that a house within the limits of the munici#31;pality is used as a brothel, or by disorderly persons of any description, to the annoyance of the inhabitants of the vicinity, or that any such house is used as a brothel in the neighbourhood of a cantonment or of an edu#31;cational institution or hostel or of any place of worship, any Magistrate of the first class, having jurisdiction in the place where the house is situated, may summon the owner or tenant of the house and on being satisfied that the house is so used and that it is a source of annoyance to the neighbours or that it is in the neighbourhood of a cantonment or of an educational institution or hostel or of any place of worship, may order the owner or tenant to discontinue such use of it ; and, if he shall fail to comply with such order within five days, may impose upo
(1) The Board may, by public notice, require that every dog in respect of which a licence fee has been paid and registered in the books of the municipality, shall wear a collar to which shall be attached a token to be issued by the Board and may, from time to time, give notice that with effect from a date to be specified in the notice, every dog found wandering within munici#31;pality without a collar bearing such a token, will be liable to be destroyed or otherwise disposed of.(2) The Board, by any person authorised by it in this behalf, may:(i) destroy or cause to be destroyed, or confine, or cause to be confined, for such period as the Board may direct, any dog suffering from any loathsome disease or from rabies, or reason#31;ably suspected to be suffering from rabies, or bitten by any dog or other animal suffering or suspected to be suffering from rabies;(ii) confine, or caus
(1) The Board shall be guided by the provisions con#31;tained in the Assam Elementary Education Act, 1962 (Assam Act XXX of 1962) and rules and orders thereunder in the discharge of their liability in respect of elementary education.(2) Subject to as aforesaid, the Board may, with its own consent, be charged by the State Government with, and made responsible for, the establishment, maintenance and management of any schools or class of schools other than basic schools, within the municipality. Subject to the approval of the State Government the Board may make grants-in-aid to any schools, whether they are under public or private management.Medical
Subject to rules, the Board may:(a) establish and maintain, within the municipality, dispensaries, hospitals, chest clinics, asylums and places for the reception of the sick or destitutes or contribute towards the cost of the establishment and maintenance of such institutions;(b) with the previous sanction of the Commissioner of Division contribute such annual or other sum as may be agreed on towards the cost of the establishment or maintenance of any dispensary, hospital, asylum or place for the reception of the sick or destitute, which is situated outside the municipality, but is, or may be, ordinarily used by the inhabitants of the municipality;(c) provide for the payment of allowances to medical practitioners for professional services rendered to the establishment employ#31;ed by the Board;(d) provide medicines or medical assistance for the poorer inhabi#31;tants of
(1) The Board may establish and maintain within the municipality, Maternity Houses and Child Welfare Centres or may with the previous sanction of the Government contribute annual or other sum to any institution doing maternity and child welfare works which are situated within the municipality or outside the municipality but are or may be ordinarily used by the inhabitants of the municipality.(2) The Board at a meeting may provide (a) midwives for attendance in maternity cases ; and (b) health visisors to visit and inspect any pre#31;mises in the municipality and to give advice to expectant mothers on their health and as to the proper nurture, care and management of young children and the promotion of hygiene.Vaccination and inoculation
Every Municipal Board shall provide for the appointment, pay and management of vaccinators and inoculators and may provide for the promotion of free vaccination and inoculation in the municipal areas.Registration of births and deaths
A Municipal Board, when required by the State Government, shall provide for the registration of births and deaths within its limits in accordance with the provisions of the Assam Births and Deaths Registration Act, 1935 (Act II of 1935).Industrial undertaking
The Board may undertake industrial programmes sponsored or aided by the Khadi and Village Industries Com#31;mission or the State Khadi and Village Industries Board, and other indus#31;tries with prior approval of the State Government.
(1) Every Municipal Board shall provide or arrange for the provision of a sufficient supply of drinking water for the inhabitants of the areas within its jurisdiction.(2) The Board shall make adequate provision for securing:(a) that the water supply is continuous throughout the year, and(b) that the water supply is at all times pure and fit for human con#31;sumption.(3) A Municipal Board shall also provide or arrange for the provision of sufficient supply of water for other domestic purposes or for non-domestic purposes.
(1) Every Municipal Board shall. 30 far as the fund at its disposal may permit, provide and maintain a sufficient and satisfactory system of public drains for the effectual drain#31;age of its local area.(2) If in the opinion of State Government any area of the munici#31;pality or part thereof should, for any special reason, be provided with a system of public drains or with other means of drainage, they may direct the Municipal Board to provide or execute, within such time as may be fixed by them in this behalf, such works as may be considered necessary by them.(3) The Board shall at all time keep in good repair all drains, cess#31;pools and the like vested in or belonging to it.Introduction of schemes
The State Government may, on the application, in accordance with rule, of any Municipal Board at a meeting, or of any such Board acting conjointly with any one or more of the local authorities specified in S. 40, sanction a scheme for a water supply or for introduction of a system of lighting by electricity or other#31;wise or for the supply of gas or of a system of drainage or sewerage.
Before any scheme or a joint scheme for any of the purposes mentioned in S. 226 is sanctioned by the State Govern#31;ment there shall be published in the official Gazette and locally the following particulars :(a) a general description of the scheme;(b) an estimate of the cost of carrying it out and its maintenance;(c) source from which the cost will be met; and(d) the amount of loan, if any, proposed to be taken.
When a scheme has been sanctioned under S 266, the Municipal Board or any of the other local authorities concerned or a joint-committee constituted under S. 49, shall, if the tax and other moneys to be collected, received or recovered for or in respect of the supply of water or the lighting, drainage or sewerage system, be sufficient for the purpose, proceed to carry it out, or cause it to be carried out.
The State Government may order the works specified in any scheme as aforesaid, or any portion thereof to be executed by an officer to be appoint#31;ed by it, and may fix the remuneration of such officer; and may specify a period within which the work shall be completed and may extend such period from time to time as may be necessary.General provisions relating to the laying and connecting of pipes, sewers and the like
The Board may carry any wire, pipe, drain, sewer or channel of any kind for the purpose of providing or of carrying out and establishing or maintaining a system of water supply, lighting, drainage or sewerage, through, across, under or over any road, place laid out as or intended for a road, and after giving reasonable notice in writing to the owner and occupier, into, through, across, under, over or up the side of any land or building whatsoever situated within the limits of the municipality and for the purpose of introduction, distribution or outfall of water or for the removal or outfall of sewerage, without such limits, and may at all times do all acts and things which may be necessary or expedient for repairing or maintaining any such wire, pipe, drain, sewer or channel, as the case may be, in an effective state for the purpose for which the same may be used or intended to be used :Provided tha
In the event of any wire, pipe, drain, sewer or channel being laid or carried above the surface of any land or through, over, or up the side of any building such wire, pipe, drain, sewer or channel, as the case may be, shall be so laid or carried as to interfere as little as possible with the rights of the owner or occupier to the due enjoyment of such land or building and reasonable compensation shall be paid in respect of any substantial interference with any such right to such enjoyment.
Except as otherwise provided the Board shall cause not less than fourteen days notice in writing to be given to the owner or occupier before commencing any operations under S. 270.
(1) Subject to rule, the Board may on application of the owner or occupier of any premises, make, or cause or permit to be made, any connection to such premises from any wire, pipe, drain, sewer or channel constructed or maintained by or vested in the Board, on such terms as the Board at a meeting may from time to time determine.(2) Any person who shall, without the permission of the Board, make or case to be made, any such connection or flush, draw off, divert, take or use water or gas from any works belonging to, or under the control of the Board, or divert or take water from any water or stream by which water#31;works belonging to, or under the control of the Board, are supplied shall b? liable to a fine not exceeding one hundred rupees.
In muni#31;cipalities to which the provisions of this section may, at any time, by notification, be extended by the State Government, the Board may establish any connection from any drain or sewer to any premises, or may by notice require the owner or occupier of any such premises to establish any such connection, in such manner and within such time as the Board by notice in that behalf may prescribe, at the cost of such owner or occupier.
The Board may prescribe the size of the ferrules to be used for the supply of gas and water, and may establish meters or other appliances for the purpose of testing the quantity or quality of any gas supplied to the premises of any person or to or for the use of any person or business.
All works in connection with the ferrules, communication-pipes, connections, meters, stand-pipes and all fittings thereon or connected therewith, leading from mains or service wires, pipes, drains, sewers or channels into any house or land, and the wires, pipes, fittings and works inside any such house or within the limits of any such land shall, in all cases be executed subject to the inspection and to the satisfaction of the Board.
The Board may require such ferrules, communication-pipes, connections, meters, stand-pipes and fittings to be supplied and fitted by its own agency upon such terms as may be agreed upon between it and the person requiring the connection or subject to such charges as may be fixed by the Board; and may require the amount necessary for the execution of such works to be paid or deposited before such works are executed.
(1) Any officer authorised in that behalf by the Board may, between the hours of seven in the forenoon and five in the afternoon, enter into any house or land for the purpose of inspecting or repairing gas, water, or other installations, and for taking readings of meter connections therewith.(2) If such officer at any such time refused admittance into such house land for the purposes aforesaid, or be prevented from making such examination, the Board may forthwith cut off the supply of gas or water as the case may be, from such house or land:Provided that nothing hereinbefore contained shall authorise an entry any room appropriated for the zenana or residence of women, which by the custom of the contrary is considered private, unless a notice in writing of not less than four hours is given.
Whenever water or gas is supplied under this Chapter through a meter, it shall be presumed that the quantity or quality indicated by the meter has been consumed until the contrary is proved.
(1) If the owner or occupier of any premises to which water or gas is supplied through a meter desires to have the meter tested, he may send a written application to the Board, and such application must be accompanied by a fee of five rupees.(2) Upon receipt of any such application and fee, the Board shall forthwith cause such meter to be tested, at a time and place to be specified in a notice to be served upon such owner or occupier.(3) If such meter is found, upon being so tested, to be incorrect by more than two per cent, the said fee shall be returned to the person who sent it.
(1) Any person who shall fraudulently:(a) alter the index to any meter, or pi event any meter from duly registering the quality or quantity of water or gas supplied, or(b) abstract or use water or gas before it has been registered by a meter set up for the purpose of testing the quantity or quality of the same,shall be liable to a fine not exceeding one hundred rupees.(2) The existence of artificial means under the control of the consumer for causing any such alteration, prevention, obstruction or use shall be evidence that the consumer has fraudulently effected the same.
Any person who shall wilfully or negligently injure or suffer to be injured any meter or any of the fittings of any meter shall be liable to a fine not exceeding one hundred rupees.
No works for establishing any such connection as is referred to in S. 273, shall be com#31;menced by the owner without sending a specification and estimate of the cost thereof to the occupier, nor by the occupier without sending such specification and estimate to the owner.
Except in the case of a special agreement to the contrary, the owner of any premises shall bear the expense of keeping any such connection with such premises as is referred to in Ss. 273 and 274 and all works connected therewith in substantial repair and if he fails to do so the occupier may, after giving the owner three days notice in writing, himself have the repairs executed and deduct the expenses thereof from any rent which is due from him to the owner in respect of such premises:Provided that nothing in this section shall affect the liabilities of parties under leases executed previous to the commencement of this Act.Special provisions relating to water supply systems
(1) In any municipality in respect of which a scheme for a supply of water has been sanctioned under S. 226 and in which the imposition of a water-tax has been sanctioned by State Government under S. 68, sub-S. (1) (b), the Board shall provide a supply of water within the limits of the municipality for domestic pur#31;poses ; and for this purpose it shall be lawful for it to cause such main and pipes to be laid, and such tanks, reservoirs or other works to be made and constructed, as shall be necessary for the supply of water in the chief public roads ; and it may also erect in all such roads sufficient and con#31;venient stand-pipes or pumps for the use of the inhabitants of the munici#31;pality for domestic purposes.(2) The Board may supply water for other than domestic purposes.
The Board at a meeting shall determine what pressure of water shall be maintained in its service-pipes and mains, and during what hours such pressure shall be continued; and any order made under this section shall not be published in such manner as the Board may direct, and shall not be altered except with the sanction of the Board at a meeting.
(1) The Board may provide a water-meter and attach it to the communication-pipe of any premises to which water is supplied by the Board, and whenever a water-meter is provided the Board shall maintain it in an efficient state.(2) When any meter attached to the communication pipe of any pre#31;mises is out of order or under repair, the Board shall forthwith replace it by another meter.(3) The expense of providing, attaching and replacing a meter under sub-Ss. (1) and (2) may, at the discretion of the Board, be borne by the municipal fund, or may be recovered wholly or in part from the person requiring the supply, or, if the communication pipe has been laid down before the commencement of this Act, from the owner of the premises, except in the case of special agreement to the contrary between the owner and the occupier, in one installment or more than one installment according as the Board t
(1) The Board at a meeting may determine what quantity of water shall be supplied for domestic purposes to the occupier of any premises free of further charge for every rupee paid to the Board as water tax on account of such premises.(2) Any water which may be used for domestic purposes over and above the quantity to which the occupier is entitled as aforesaid, and any water which may be used for other than domestic purposes, shall be paid for by him at such rate as the Board at a meeting may determine.
It shall be at the option of the Board to provide water for all latrines and water closets, and it shall be lawful for it to require that all latrines and water closely supplied with water shall be provided with a cistern of such size and description as the Board shall direct, and all such cisterns shall be put up at the cost of the owner of premises so supplied with water.
(1) The Board may cause the water to be turned off from any premises which are supplied with water after giving notice in writing of not less than twenty-four hours—(a) if the premises are unoccupied; or(b) if the person liable to pay the water-tax or any charge made under S. 287 (5) or 288 (2) neglects to pay the same; or(c) if any pipes, works, fittings or meters connected with the supply of water and being the property of the owner or occupier are found, on examination by any officer of the Board authorised in that behalf, to be out of repair to such an extent as to cause the waste of water; or(d) if the owner or occupier of the premises wilfully or negligently contaminates, misuses or causes waste of water;and may recover from the owner or occupier of such premises, or from the person liable to pay the water-tax or the charge, as the case may be, the expen
(1) The occupier of any pre#31;mises, in which water supplied by the Board under this Chapter is, from negligence or other circumstances under the control of the said occupier, wasted, or in whose house or land the pipes, works, fitting, or meters for the supply of water shall be found to be out of repair to such an extent as to cause waste of water, shall be liable to a fine not exceeding twenty rupees.(2) Any person otherwise causing waste of water supplied by the Board shall be liable to a fine not exceeding five rupees.
It shall be within the discretion of the Board to allow any person not residing within the limits of the municipality to take or be supplied with water for domestic use, on such terms as the Board at a meeting may from time to time determine;and any person taking or causing to be taken for use, outside the limits of the municipality, water supplied by the Board without the per#31;mission of the Board, shall be liable to a fine not exceeding fifty rupees.
The Commissioner of Division, the Deputy Commissioner, the Director of Municipal Administration, the Sub-Divisional Officer or any other officer specially appointed by the State Government by general or special order, may at all time—(i) enter into and inspect, or cause any other person to enter into and inspect:(a) any municipal office and affairs of; or (b) any immovable property in the occupation of; or(c) any work in progress under; or(d) any institution under the control and administration of the Board; and(ii) call for and inspect any book or document which may be, for the purpose of this Act, in the possession or under the control of the Board.
With the previous sanction of the Chairman any commissioner of a Board may inspect any work, or institution, constructed or maintained, in whole or in part at the expense of the Board and any register, books, accounts or other documents belonging to, or in the possession of the Board.
(1) The State Government may appoint an officer of the Government to be Inspector of Municipal Works for one or more municipalities.(2) The Inspector of Municipal Works shall perform such duties and exercise such powers as may be assigned to him by rule.(3) In particular and without prejudice to the powers referred to in sub-sec. (2), the Inspector of Municipal Works may at all times enter upon or into and inspect, or cause any other person to enter upon or into and inspect, any immovable property in the occupation, or any work in pro#31;gress, under the orders of the Board of any municipality within his charge, and the Board shall furnish such statement, estimates and reports as he may require.(4) A report of every inspection made under this section shall be prepared, and a copy thereof shall be forwarded to the Board.(5) The Board, within the charge of an Inspector of
The State Government, the Commissioner of Division, the Deputy Commissioner, the Director of Municipal Administration, the Additional Deputy Commissioner or the Sub-divisional Officer-in-charge of a sub-division may, by order in writing, suspend the execution of any resolution or order of the Board or prohibit the doing of any act which is about to be done or is being done, in pur#31;suance of, or under cover of, this Act, or in pursuance of any sanction or permission granted by the Board in the exercise of their powers under this Act, if in its or his opinion, the resolution, order or act militates against the fundamental rights conferred by Part III of the Constitution of India and the State policy on the directive principles laid down in Part IV of the Constitution of India is in exercise of the powers conferred by law, or the execution of the resolution or order, or the doing of the act, is likely to lead
(1) The State Government, the Commissioner of Division, the Deputy Commissioner and the Director of Municipal Administration, shall see that the proceedings of the Municipal Boards are in conformity with law.(2) The State Government may, by order in writing, annul any pro#31;ceedings which it considers not to be in conformity with the law and may do all things necessary to secure such conformity;Provided that no such order shall be made without giving the Board an opportunity of expressing its views on the matter.
(1) If at any time, on receipt of a complaint or information, it appears to the State Government that the Board have made default in performing any duty imposed on them by or under this or any other Act, the State Government may, by an order in writing, call upon the Board to perform the duty within such time as may be appointed by such order.(2) If such duty is-not performed within such period, the State Gov#31;ernment may, after considering any representation which the Board may submit, either revoke or modify the order or appoint some fit and proper person to perform the duty.(3) If, in any case of emergency, the Deputy Commissioner, upon the recommendation of the concerning technical adviser immediately available in the district within which the municipality is situated, is of opinion that the immediate execution of any work or the immediate doing of any act which the Board, whether at
If in the opinion of the State Government, any Board is not competent to perform or persistently makes default in the per#31;formance of the duties imposed on the Board by or under this Actor otherwise by law or exceeds or abuses its power or in the event of failure on the part of the Board to provide such services as the State Government may, by notification in the official Gazette, declare to be essential services, the State Government, after giving the Municipal Board a reasonable opportunity of being heard may, by notification stating the reasons for so doing, declare such Board to be incompetent or in default or to have exceeded or abused its power, as the case may be, and dissolve the Board and hold election within a period of six months from the date of dis#31;solution.
When an order of dissolution has been passed under S. 298, the following consequences shall ensue:(a) all commissioners of the Board shall, as from the date of the order of dissolution, vacate their offices as such commis#31;sioners(b) all powers and duties which under this Act may be exercised and performed by the Board whether at a meeting or otherwise shall, during the period of dissolution be exercised and performed by such person as the State Government may direct till commissioners and Chairman are elected:Provided that the officer so appointed after dissolution of the Board shall obtain prior approval of the Director of Municipal Administration on .the matter on which but for the dissolution, the decision of the Board is necessary;(c) all properties vested in such Board shall, during the period of dissolution, vest in the State Government.
(1) If any dispute, for the decision of which this Act does not otherwise provide, arises between the Boards of two or more municipalities constituted under this Act, or between the Board of any such municipality and a cantonment authority, or any other local authority, the matter shall be referred:(a) to the Deputy Commissioner, if the local authorities concerned are in the same district; or(b) to the Commissioner of Division concerned if the local auth#31;orities are in different districts.(2) Save as provided in sub-s. (4) the decision of the authority to any dispute if referred under this section shall be final.(3) If, in the case mentioned in Cl. (a), the Deputy Commissioner is a member of one of the local authorities concerned, his functions under this section shall be discharged by the Commissioner of Division con#31;cerned,(4) An appeal shall lie to th
(1) The State Government may make rules for the purpose of carrying out the provisions of this Act.(2) Without prejudice to the generality of the foregoing powers such rules may:(i) determine the mode and time of election of commissioners, the qualifications and disqualifications and registration of voters, qualifications of candidates, the acts to be deemed corrupt prac#31;tices at elections and generally regulate all elections under this Act;(ii) regulate the manner in which the minutes of the proceedings of meetings of the Board shall be published;(iii) prescribe the manner in which bye-laws, notices, orders and other documents directed to be published under the Act shall be published;(iv) regulate the keeping, checking and publication of accounts and the manner of periodical audit;(v) provide for the retention of adequate working or closing balan
The Board may, from time to time, at a meeting which shall have been convened expressly for the purpose, and of which due notice shall have been given, frame such bye-laws as they deem fit, not being inconsistent with this Act, or with any other general or special law, for:(i) regulating traffic, and preventing obstructions and encroach#31;ments and nuisance on or near public roads, or on or near pontoon bridges, ghats, landing places, river banks or other places of public resort or on places near water works for the supply of drinking water;(ii) prescribing a minimum width of wheel tyres or a minimum diameter and the maximum wheel tracks of wheels for different classes of carts and carriages kept or used within the munici#31;pality ;(iii) prescribing the manner in which notice of the intention t& erect, re-erect or materially alter a building shall be given to the Board ;
(1) The commissioners of a municipality wholly or in part situated in a hilly tract may, at a meeting, in addition to such bye-laws they may make under the preceding section, make bye-law for regulating or prohibiting the cutting or destroying of trees or shrubs or the making of excavations or removal of oil or quarrying, where such regulation or prohibition appears to the Board to be necessary for any or all of the following purposes:(a) the maintenance of water-supply;(b) the preservation of the soil;(c) the prevention of landslips;(d) the formation of ravines or torrents;(e) the protection of land against erosion or the deposit thereon of sand, gravel, or stones;(f) the protection of the beauty or general appearance of the muni#31;cipality.(2) The Board may. by any bye-law made under this section, declare that any person committing a bre
(1) The power to make bye-laws under this Act shall be subject to the condition of previous publication.(2) No such byelaw shall come into force until it has been confirmed by the State Government.(3) The State Government may cancel the confirmation of any such by-law and thereupon the bye-law shall cease to have effect.
Every bye-law shall, after continua#31;tion, be published in the prescribed manner.Subsidiary Rules
(1) The Board at a meeting specially convened for the purpose may, by subsidiary rules consistent with this Act and with any rules made thereunder by the State Government, provide for:(a) the time and place of their meeting and of the meetings of com#31;mittees, the business to be transacted at such meetings, and the manner in which notice of such meetings shall be given;(b) the conduct of proceedings at such meetings, the method of voting, the due record of all dissents and discussions, end the adjournment of such meetings ;(c) the custody of the common seal and the purposes for which it shall be used;(d) the division of duties among the commissioners of the Muni#31;cipal Board, and the powers to be exercised by committees or commissioners to whom particular duties are assigned;(e) the persons by whom receipts shall be granted for money received under this Ac
(1) Every notice, bill, form, summons or notice of demand under this Act may be served personally on or presented to the persons to whom the same is addressed;or if he left his usual place of abode, with some adult male member or servant of his family;or if, it cannot be so served, presented or delivered, may be put on some conspicuous part of his place of abode, or of the land, or of the land, building or other thing in respect of which the notice, bill, form, summons or notice of demand is intended to be served or may be sent by post in a registered cover.(2) Every such notice, bill, form, summons or notice of demand shall be signed by or bear a facsimile signature of the Chairman, Vice-Chairman or any other officer authorised by the Chairman in that behalf.
When any notice under this Act requires any act to be done for which no time is fixed by this Act, the Board shall fix a reasonable time for doing the same.
When any notice is required to be given to the owner or to the occupier, or the owner and occupier of any land, such notice, addressed to the owner or occupier or both, as the case may require, may be served on the occupier of such land, or otherwise in the manner mentioned in S. 307:Provided that when the owner and his place of abode are known to the Board or other authorities issuing the notice, they shall, if such place of abode be within the limits of their authority, cause such notice required to be given to the owner of any land to be served on such owner, or left with some adult male member or servant of his family, and if the place of abode of the owner be not within such limits, they shall send every such notice by post in a registered cover addressed to his place of abode, and such service shall be deemed to be good service of the notice;Provided further that when the name of the
Any person who is required by a requisition as aforesaid to execute any work or to do anything may, instead of executing the work or doing the thing required prefer an objection in writing to the Board against such requisition within five days of the service of the notice of posting up of the notification containing the requisition, or, if the time within which he is required to comply with the requisition be less than five days, then within such less time.Except as provided in the next succeeding section such objection shall be heard and disposed of by the Chairman or Vice-Chairman.
If the objection shall allege that the cost of executing the work or of doing the thing required will exceed three hundred rupees, such objection shall be heard and disposed of by the Board at a meeting; unless the Chairman or Vice-Chairman shall certify that such cost will not exceed three hundred rupees, in which case the objection shall be heard and disposed of by the Chairman and Vice-Chairman:Provided that in any case in which the Chairman or Vice-Chairman shall have certified his opinion as aforesaid, and the objection shall in consequence thereof have been heard and disposed of by the Chairman and Vice-Chairman, the person making the objection may, if the requisition made upon him is not withdrawn on the hearing of his objection, pay in the said sum of three hundred rupees to the Board as the cost of executing the work or doing the thing required ; whereupon such person shall be relieved of a
The Chairman or Vice-Chairman, or the Board at a meeting, as the case may be, shall, after hearing the objection and making any inquiry which they may deem necessary, record an order withdrawing, modifying, or making absolute the requisition against which the objection is preferred ; and if such order does not withdraw the requisition it shall specify the time within which the requisition shall be carried out, which shall not be less than the shortest time which might have been mentioned under this Act in the original requisition.
If the person making such objec#31;tion be present at the office of the Board, the said order shall be explained to him orally, and if such order cannot be so explained, notice of such order shall be served as provided in S. 307 on the person making the objection; and such explanation of, or service of, the notice of the said order shall be deemed a requisition duly made under this Act to execute the work or do the thing required.
If the person or persons required to execute the work or to do the thing fail, within the time specified in any requisition as aforesaid, to begin to execute such work or to do such thing, and thereafter diligently to execute the same to the satisfaction of the Board until it is completed, the Board or any person authorised by it in that behalf, may, after giving forty-eight hours notice of its intention by a notification to be posted upon or near the spot, enter upon the land and perform all necessary acts for the execu#31;tion of the work or doing of the thing required, and the expenses thereby incurred shall be paid by the owners or by the occupiers if such requisition was addressed to the owners or to the occupiers, respectively, and by the owners and the occupiers if such requisition was addressed to the owners and the occupiers.
(1) Whenever any expenses incurred by the Board are to be paid by the owners of any land as provided in the preceding section, the Board may, if there be more than one owner, apportion the said expenses among such of the owners as are known in such manner as to the Board may seem fit.(2) Whenever any such expenses are to be paid by the occupiers of any land as provided in the preceding section the Board may, if there be more than one occupier, apportion the said expenses among such of the occupiers as are known in such manner as to the Board may seem fit.
Whenever any expenses incurred by the Board are to be paid by the owners and occupiers of any land, as provided in S. 315, the Board may apportion the said expenses among the said owners and occupiers or such of them as are known in such manner as to the Board may seem fit.
Whenever any works or alterations and improvements, of which the Board is authorised by the Act to require the execution, are executed by the occupier on the requisition of the Board or are executed by the Board and the cost thereof is recovered from the occupier, the cost thereof may, if the Board certify that such cost ought to be borne by the owner, be deducted by such occupier from the next and following payments of his rent due or becoming due to such owner, or may be recovered by him in any Court of competent jurisdiction.
If the Board, under the provisions of this Act shall have caused any repairs to be made to any house or other structure, and if such house or other structure be unoccupied, the Board may enter upon possession of the same, and may retain possession until the sum expended by it on the repairs be paid to it.
The material or anything which shall have been pulled down or removed under the provi#31;sions of S. 310 may be sold by the Board, and the proceeds of such sale may be applied, so far as the same will extend, to the payment of the expenses incurred.The surplus sale proceeds, if any, shall be credited to the municipal fund, and may be paid on demand to any person who establishes his right to the satisfaction of the Board or in a Court of competent jurisdiction.Appeals
(1) Any person aggrieved:(a) by the refusal of the Board under S. 174 to sanction the erec#31;tion, re-erection or material alteration of any building, or(b) by a notice from the Board under S. 155 requiring a road to be drained, levelled, paved, flagged, metalled or provided with proper means of lighting, or under S. 177 requiring the altera#31;tion or demolition of a building, or(c) by any order made by the Board under bye-law made under S. 302, Cl. (vi), or(d) by any order made by the Board under the powers conferred upon it by S. 181 or 255,may appeal within thirty days from the date of such refusal, notice or Order to the Board and every such appeal shall be heard and determined by not less than three members of the Board who shall be appointed in that behalf by the Board at a meeting, and no such refusal, notice or order shall be liable to be called in q
Any person aggrieved by an order refusing a licence or permission required under this Act, may, notwithstanding anything contained elsewhere in this Act, within thirty days from the date of refusal, appeal to the State Government or an officer authorised by the State Government in that behalf whose decision shall be final and shall not be questioned in any Court.Prosecution
The Board may direct any prosecution for any public nuisance under the Indian Penal Code (Act XL V of 1860), and may order proceedings to be taken for the recovery of any penalties under this Act or rules or bye-laws made their#31; under and for the punishment of any person offending against the same, and may order the expense of such prosecution or other proceedings to be paid out of the municipal fund.
No prosecution for an offence under this Act or any rule or bye-law made in pursuance thereof shall be instituted without the order or consent of Board, and no such prosecution shall be instituted except within three months next after the commission of such offence, unless the offence is continuous in its nature, in which case a prosecution may be instituted within six months of the date on which the commission or existence of the offence was first brought to the notice of the Chairman of the Board :Provided that the failure to take out any licence under this Act shall be deemed to be a continuing offence until the expiration of the period for which such licence is required to be taken out.
(1) All police officers shall give immediate information to the Board of the municipality of any offence committed against the Act or any rule or bye-law made in pursuance thereof. When any person, in the presence of the police officer, commits or is accused of committing any such offence, and refuses, on demand of a police officer to give his name and residence, or gives a name or residence which such officer has reason to believe to be false, he may be arrested by such officer in order that his name or residence may be ascertained, and he shall within twenty-four hours from the arrest, be forwarded to the nearest Magistrate, unless before the expiration of that time his true name and residence are ascer#31;tained, in which case he shall be released on his executing a bond for his appearance before a Magistrate, if so required.(2) Any servant of the Board in receipt of a salary of not less than thi
(1) No suit or other legal pro#31;ceeding shall be brought against any Board or any of its officers, or any person acting under its direction for anything done under this Act or any rule or bye law made thereunder, until the expiration of one month next after notice in writing has been delivered or left at the office of such Board and also (if the suit is intended to be brought against any officer of the said Board or any person acting under its direction) at the place of abode of the person against whom such suit or proceeding is threatened to be brought stating the cause of suit or proceeding, the nature of the relief sought, the amount of compensation claimed and the name and place of abode of the person who intends to bring the suit;and unless such notice be proved, the Court shall find for the defen#31;dant.(2) Every such action shall be commenced within three months ant after the acc
Any owner or occupier of land may contest his liability to pay any expenses or fee under this Chapter or under Chapters VI and VII or may contest the amount which he has been called upon to pay in a Civil Court of competent jurisdiction:Provided that the fact of such action having been instituted shall be no bar to the recovery of the said amount in the manner provided by Section 149.
(1) Should a dis#31;pute arise the amount of compensation which the Board is required by this Act to pay, it shall be settled in such manner as the parties may agree, or, in default of agreement, by the Deputy Commissioner or any officer authorised by him in that behalf upon application made to him by the Board or the person claiming compensation.(2) Any decision of the Deputy Commissioner or the officer as afore#31;said awarding compensation shall be subject to a right of the applicant for compensation to require a reference to the District Judge in accordance with the procedure set forth in Section 18 of the Land Acquisition Act. 1894 (1 of 1894).(3) In cases in which compensation is claimed in respect of land the Deputy Commissioner or the officer as aforesaid and the District Judge shall, as far as may be, observe the procedure prescribed by the said Act for proceeding in respect of co
(1) The powers and functions of the State Government specified in Sections 58, 65,71,263 and 337 may be delegated by the State Government to the Commissioner of Division.(2) In regard to powers or functions delegated to him under this sec#31;tion, the Commissioner of Division shall have the same authority as is given by this Act to the State Government and the delegation shall con#31;tinue until revoked by the State Government.(3) A delegation under this section may be of all or any of the powers and functions aforesaid and may be made generally in regard to all the municipalities or it may be made particularly in regard to certain municipalities only.(4) The delegation may be by official c designation, and shall, in each case, be notified in the Gazette.
The Board at a meeting may order that a survey shall be made of the lands situated in the municipality and thereupon all the provisions of the Calcutta Survey Act, 1887 (I of 1887) shall, so far as may be practicable, apply and be extended to such municipality.
Every person to whom a licence has been granted under this Act shall, at all reasonable times, while such licence shall remain in force, if so required by the auth#31;orities which granted the licence or by any person authorised by them in that behalf, produce such licence to the said authorities or to the person so authorised.Whoever fails to produce his licence when required to produce the same by any person authorised under this section to demand the pro#31;duction thereof, shall be liable to a fine not exceeding one hundred rupees.
Any Magistrate before whom any person is convicted of an offence contrary to the provisions of this Act, relating to the use of any place for a purpose for which a licence is required or of the non-observance of any of the bye-laws relating thereto made under this Act in addition to the fine which may be imposed on such person under this Act, may suspend for any period not exceeding two months, any such licence.And the Board upon the conviction of any person for a second or other subsequent like offence, may cancel his licence.
If any person employed under this Act [not being a public servant within the meaning of S. 21 of the Indian Penal Code (XLV of I960)] shall accept or obtain, or agree to accept or attempt to obtain, from any person for himself or for any other person, any gratification whatever, other than legal remunera#31;tion, as a reward for doing or for bearing to do any official act, or for showing or bearing to show, in the exercise of his official functions, favour or disfavour to any person or for rendering or attempting to render, any service or disservice to any person within the Board or with any public servant or with any Government servant in the discharge of his official duties, he shall be punished with imprisonment either simple or rigorous, as provided in S. 53 of the Indian Penal Code (XLV of 1860) for a term which may extend to three years, or with a fine not exceeding five hundred rupees, or with both,
(1) The State Government may by notification signify its intention to declare that with respect to some or all of the matters upon which a municipal fund may be expended under S. 60 improved arrangements as required within a specified area, which never#31;theless, it is not expedient to constitute as a municipality.(2) A copy of the notification under sub-s. (1) shall be published in such places as the State Government may, by general or special order, direct.(3) Should any inhabitant of the specified area aforesaid desire to object to the notification issued under sub-s. (1), be may within six week from the date of its publication, submit his objection in writing to the State Government, through the Deputy Commissioner, and the State Gov#31;ernment shall take his objection into consideration.(4) When six weeks from the date of publication have expired, and the State Government h
(1) There shall be established for each of the area notified under S. 334(1) (defined as transitional area in Art. 243 of the Constitution of India) a committee for the purposes of Cls. (a) and (b) of sub-s. (1) of S 336 consisting of such number of members as may be fixed by the State Government from time to time.(2) A committee established under this section shall be called a Town Committee.(3) The State Government may appoint any person, whether a member of the town committee or not, to be its Chairman or Vice-Chairman, or may authorise any town committee to elect its Chairman or Vice-Chairman or both, and fix the term of office of member or Chairman or Vice-Chair#31;man of the town committee.
(1) The State Government may:(a) impose in any notified area any tax which could have been im#31;posed therein if such area were a municipality;Explanation. The words “any tax” in the above clause shall be deemed to include all fees, tolls, cesses, rates.(b) apply or adapt to the notified area for the assessment and re#31;covery of any tax imposed under Cl. (a) any of the provisions of this Act, or of any rules for the time being in force, with respect to the assessment and recovery of any tax imposed under this Act;(c) arrange for due expenditure of the proceeds of taxes imposed under Cl. (a) and of any other funds which may come to the hands of the town committee for the purposes of the notified area and for the preparation and maintenance of proper accounts ; and in addition to, or in lieu of, the exercise of any of the foregoing powers; and(d) extend to an
When by reason of any order cancelling a notification under S. 334 any notified area ceases to be notified the unexpended proceeds of any taxes levied therein under S. 336 shall be applied for the benefit of the inhabitants of such area in such manner as the State Government may think fit.
FIRST SCHEDULE
[***]SECOND SCHEDULE
Business and procedure at first meetings[See Section 306](1) The first meetings of a Municipal Board after a general election shall be held on such date as the Deputy Commissioner or Sub-divisional Officer, as the case may be, may fix:Provided that:(a) whenever he considers necessary, he may vary the original or any subsequent date so fixed; and(b) the date fixed for the meeting shall be notified in the Gazette at least 15 clear days before the meeting.(2) The Deputy Commissioner or Sub-divisional Officer, as the case may be, shall cause copies of the notification fixing the date of the first meeting as required by Rule 1 to be sent to the members at least 7 days before the meeting is held.(3) The Magistrate shall appoint a member of the Board to preside at the meeting and may whenever he considersTHE THIRD SCHEDULE
Form of Nomination[See Section 41]Whereas the meeting of the.........Municipal Board*/Town Committee is scheduled to be held on.........for the election of the Chairman of the Municipal Board/Town Committee, and whereas Vice-chairman of the Municipal Board/*Town Committee is likely to be a candidate for the office of the Chairman and/or* has intimated in writing his inability to preside over the meeting;I therefore, nominate Shri/Shrimati...............a commissioner of the Municipal Board/*Town Committee to preside over the said meeting.In case the Vice-Chairman does not become a candidate for the office of the Chairman, or express willingness to preside over the meeting thus nomination will automatically be inoperative.Furthermore, in the event of Shri/Shrimati............(the commissioner nominated) becoming hims
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