MEGHALAYA MUNICIPAL ACT, 1973

MEGHALAYA MUNICIPAL ACT, 1973

Preamble .

S.1 Short title, extent and commencement

S.2 Repeal and Savings

S.3 Definitions

S.4 Notification of intention to create, alter limits of, or abolish municipality

S.5 Objection to the creation, alteration of limits or abolition of municipality

S.6 Effect of including local area in Municipality

S.7 Effect of excluding local area from Municipality or withdrawing the whole area of Municipality from Act

S.8 Power to exempt Municipality from provisions of Act unsuited thereto

S.9 Erection and maintenance of boundary marks

S.10 Constitution of Municipal Board

S.11 Number o£ Commissioners

S.12 Election of Commissioner

S.13 Power to divide municipality into wards and to fix the number of Commissioners of each ward

S.14 Qualification of voters

S.15 Ineligibility for election

S.15(a) Political parties barred to contest election

S.16 Proceedings to set a side an election

S.17 Procedure and powers of Judge holding enquiry

S.18 Setting aside of election

S.19 Scrutiny of votes and declaration in other cases

S.20 Disqualification of persons from being candidates who commit corrupt practices

S.21 Saving of acts done by a Commissioner before his election is set aside

S.22 Fresh election when election set aside

S.23 Bar to interference by courts in election matters

S.24 Appointed Commissioners in newly created Municipalities

S.25 Taking of oath

S.26 General election and terms of office of Commissioners

S.27 Resignation of Chairman, vice Chairman or Commissioners

S.28 Removal of Chairman and Vice-Chairman

S.29 Removal of Commissioners

S.30 Eligibility for election or re-election of Commissioners removed from office

S.31 Filling up of casual vacancies of Commissioners

S.32 Power to appoint commissioners if prescribed member not duly elected

S.33 Appointment or election of Chairman and Vice-Chairman

S.34 Status and term of office of Chairman and Vice-Chairman

S.35 When Chairman and Vice-Chairman cease to hold office as such

S.36 When Government may appoint Chairman

S.37 Powers of Chairman

S.38 Delegation of duties and powers by Chairman to Vice-Chairman

S.39 Duties of Vice-Chairman

S.40 Grant of leave to Chairman or Vice-chairman

S.41 Filling of casual vacancies of Chairman and Vice-Chairman

S.42 Allowance of Chairman, Vice-Chairman and Commissioners

S.43 Ordinary and special meetings

S.43(a) Annual Budget

S.44 President of meeting

S.45 Manner of deciding questions

S.46 Quorum

S.47 Minutes of Proceedings

S.48 Appointment of Committees

S.49 Formation of Joint-Committee

S.50 Appointment and pay of establishment

S.51 Power of Municipal Board to frame regulations for establishments

S.52 Appointment of Health Officers, Sanitary Inspectors and Water Works Superintendents, etc.

S.53 Appointment of Executive Officers

S.54 Liability for loss, waste or misapplication of funds and property

S.55 Disqualification of Commissioner having share or interest is in contracts

S.56 Commissioners disqualified from voting on certain questions

S.57 Presumption and savings

S.58 Constitution and custody of Municipal Fund

S.59 Municipal Board may raise loans arid may form a sinking fund

S.60 Application of fund

S.61 Orders for payment of money from the municipal fund

S.62 Municipal property

S.63 Power to purchase, lease and sell land

S.64 Execution of contracts

S.65 Transfer of certain public institutions to Board

S.66 Transfer of private road etc. to Boards

S.67 Acquisition of land

S.68 Taxes

S.68(a) Taxes for providing public utility services

S.69 Taxes on Government holding

S.70 Restriction, regarding tax on holdings

S.71 Restriction regarding water-tax and lighting-tax

S.72 Restriction regarding latrine-tax

S.73 Restriction regarding drainage tax

S.74 Special provision regarding tax on private market

S.75 Restriction regarding fire brigade and anti-malarial fees

S.76 Board to determine valuation of holding

S.77 Returns required for ascertaining annual value

S.78 Penalty for default in furnishing return

S.79 Determination of annual value of holding

S.80 Determination of rate of tax on holding

S.81 Preparation of assessment register

S.82 Power to assess consolidated tax for house and land on which it stands

S.83 Reduction of valuation, revision of valuation and assessment and revision of valuation list and assessment register

S.84 Notice to be given to Chairman of all transfers of title of persons liable to payment of tax

S.84(a) Prohibition of registration in certain cases

S.85 Revision of valuation list

S.86 Appointment of assessor and power of State Government to direct the appointment of assessor

S.87 Revision of assessment register

S.88 Effect of revision of assessment register

S.89 Method of assessment of duty on transfers of property

S.90 Provisions applicable on the introduction of transfer duty

S.91 Power to make rules regarding assessment and collection of transfer duty

S.92 Exemptions and remissions

S.93 Power of assessor

S.94 Publication of notice of assessments

S.95 Application for review

S.96 Procedure for review

S.97 Limitation of time for application for review

S.98 Assessment to be questioned only under Act

S.99 Tax not invalid for want of form

S.100 Recovery from occupier of tax due from non-resident owner

S.101 Recovery by owner of occupier's tax in certain cases

S.102 Recovery by owned of occupier's tax paid by owner

S.103 Method of recovery by owner

S.104 Taxes when payable

S.105 Office hours for receipt of money

S.106 Bill and notice of demand

S.107 Issue of process of attachment

S.108 Attachment how to be made

S.109 Power of officer to break door

S.110 Sale how to be conducted

S.111 Certain person prohibited from purchasing at sales

S.112 Board to keep account of attachments and sales

S.113 Sale of property beyond limits of Municipality

S.114 Attachment or sale not unlawful for want of form

S.115 Board may bring suits instead of distaining on failure of attachment

S.116 Liability of purchaser for vendor's share of tax

S.117 License fee on carts, carriages and animals

S.118 Fees so fixed to continue until altered

S.119 Licenses how to be obtained

S.120 Proportionate fee on carts, carriages, etc. acquired during half year

S.121 On payment of fee, Board to give a license

S.122 Cart, carriages, etc. liable to fee, although the owner the absent

S.123 Penalty

S.124 Board may compound with livery stable-keepers

S.125 List of licensed persons to be prepared

S.126 Power to inspect stables, etc. and to summon persons liable to the payment of the fee

S.127 Refund of fee in certain cases

S.127(a) License fee on boats

S.128 Registration and numbering of dogs and cattle

S.129 Fees so fixed to continue until altered

S.130 Period of registration

S.131 Proportionate payment of fee

S.132 Transfer of ownership

S.133 Penalty

S.134 Seizure and sale of unlicensed cart, carriage or animal

S.135 Prohibition of double fees

S.136 Power of Board to establish toll bars and levy tools

S.137 Lease of toll-bar

S.138 Procedure where two or more local authorities have contributed towards cost of bridge

S.139 Exemptions from payment of toll

S.140 Rates of tolls

S.141 Power to composed for toll

S.142 Power of toll-collector or lessee in case of refusal to pay toll

S.143 Penalty for refusing to pay toll

S.144 Police officers to assist

S.145 Penalty for taking unauthorized toll

S.146 Board to publish expenses of toll-hours

S.147 Function in regard to pounds

S.148 Rents tolls and fees

S.149 Recovery of money due to the Board

S.150 Power to sell unclaimed holding for money due

S.151 Irrecoverable taxes, etc.

S.152 Power to close a public road

S.153 Prohibition of use of public road by class of animals or vehicles

S.154 .

S.155 Power to require repair of public roads and drains and to declare such roads and drains

S.156 Permission to deposit movable property on or to excavate or enclose a public road or land

S.157 Boards to set up during repairs

S.158 Penalty for encroachment on public road, etc.

S.159 Removal of obstruction or encroachment in or on public road

S.160 Procedure when person who erected obstruction cannot be found

S.161 Projections from houses to be removed

S.162 Power of District and Sub divisional Magistrate to remove encroachments

S.163 Effect of order made under Sections 159, 160, 161, 162

S.164 Power to regulate line of buildings on public roads and drains

S.165 Erection of Platforms

S.166 Fallen building, etc. obstructing public road or drain to be removed by owner

S.167 Cutting of public road, passage of water, etc.

S.168 Board may require land holders to trim hedges, etc.

S.169 Penalty for disobeying requisition under Section 159, 161, 164, 166, 168

S.170 Names of public roads and number of houses

S.171 Prohibition of building without sanction

S.172 Special provision for cases where bye-laws have not been made under Section 302 clause (iv)

S.173 Powers of Board to sanction or refuse

S.174 Powers of Board to sanction or refuse

S.175 Lapse of sanction

S.176 Penalty for building without or in contravention of sanction

S.177 Power of Board in case of disobedience

S.178 Compensation for prohibition of erection or re-erection

S.179 Roofs and external walls not to be made of inflammable materials

S.180 Power to attach brackets for lamps

S.181 Building unfit for human habitation

S.182 Power to require cleansing or lime-washing of building

S.183 Fencing of building in a dangerous state

S.184 Board may require owner to pull down ruins

S.185 Penalty for disobeying requisition under Section 183 or 184

S.186 Provision for drinking, water, bathing places, etc.

S.187 Prohibition by Board of use of unwholesome water

S.188 Disobeying order under Section 186 or 187

S.189 Power to require owners to clear noxious vegetation

S.190 Powers to require owners to improve bad drainage

S.191 Power to require unwholesome tanks or private premises to be cleansed or drained

S.192 Wells tanks, etc. to be secured

S.193 Penalty for disobeying requisition under Section 189, 190, 191, 192

S.194 Power of State Government to prohibit cultivation, use of manure or irrigation injurious to health

S.195 Power to prohibit excavations

S.196 Public latrines and urinals

S.197 Permission to construct latrines and urinals which are to be properly enclosed

S.198 Power to require latrine or urinal to be constructed

S.199 No latrine, etc. to be constructed in certain circumstances

S.200 Inspection of latrines, etc.

S.201 Power to require owner or occupier to repair latrine, etc.

S.202 Penalty for not keeping latrine, etc. in proper order

S.203 Power to alter any latrine, etc. made contrary to orders

S.204 Power to demolish unauthorized drains leading into public sewer

S.205 Penalty for allowing water of any sewer, etc. to run on any public road

S.206 Power to require owner to drain land

S.207 Penalty for disobeying requisition under Section 201 or 206

S.208 Power to drain group or block of houses, etc. by a combined operation

S.209 Public Health Administration

S.210 Inspection by Public Health Department

S.211 Establishments for removal of sewage offensive matter and rubbish

S.212 Sewerage Scheme

S.213 Power to require removers sewage to take out licence

S.214 Removal of sewage, offensive matter and rubbish

S.215 Penalty on occupier for not removing filth, etc.

S.216 Penalty for throwing offensive matter on Public roads, etc.

S.217 Powers of servants of the Board

S.218 Compost

S.219 Nuisance

S.220 Inspection for removal of nuisance

S.221 Notice to remove nuisance

S.222 Complaint against nuisance

S.223 Power to prohibit use of unlicensed

S.224 Penalty for using unlicensed market

S.225 Power to close licensed places

S.226 Markets slaughter-houses, etc. to be properly drained

S.227 Sale exposing for sale etc. of food

S.228 Factory etc. not to be newly established without permission of the Board

S.229 Certain offensive and dangerous trades not to be established within the limits to be fixed by the Board without license

S.230 Cinemas, dramatic performances, circuses, etc.

S.231 Cancellation revocation, etc. of licenses

S.232 Publication of order of refusal, suspension, etc. of license

S.233 Appeals under Sections 230 and 231

S.234 Power to order the use of slaughter houses and the carrying on of dangerous and offensive trade to be discontinued

S.235 Power to prohibit private kilns

S.236 Penalty for offences under Sections 229, 230 and 235

S.237 Steps to be taken on out-break of infectious diseases

S.238 Information to be given of infectious diseases

S.239 Removal to hospital of patients suffering from infectious diseases

S.240 Disinfections of buildings and articles

S.241 Penalty for letting infected house

S.242 Provisions of places and appliances for disinfection

S.243 Act done by person suffering from certain diseases

S.244 Exposure of person suffering from infectious disease

S.245 Power of entry for purpose of preventing spread of diseases

S.246 Maintenance of conveyances by Board for certain purposes

S.247 Power to close market, tea stall etc.

S.248 Power to close school

S.249 Eradication of Mosquitoes and prevention of their breeding

S.250 Establishment and maintenance of fire-brigade

S.251 Powers of Magistrate, Commissioner of Municipal Board and other persons for suppression of fires

S.252 Powers in respect of burial and burning places

S.253 Burial of paupers

S.254 Power to cause corpses to be burnt or buried according to the religious tenets of the deceased

S.255 Power to license fuel shops at burning grounds

S.256 Powers over disorderly house and prostitutes

S.257 Brothels

S.258 Token for dogs and disposal of mad and stray dogs

S.259 Elementary Education

S.260 Dispensaries, Hospitals asylums poor-houses and medical relief

S.261 Maternity houses and child welfare centers, midwives for maternity cases and health visitors

S.262 Vaccination

S.263 Registration of births and deaths

S.263(a) Industrial undertaking

S.264 Supply of drinking water

S.265 Satisfactory system of drainage

S.266 Sanction of scheme by State Government

S.267 Publication of scheme

S.268 Scheme to be carries out by municipalities

S.269 State Government may appoint on officer to execute the works

S.270 Power of Board to lay or carry wires, pipes, drains, or sewers, through private land subject to payment of compensation for drainage sustained provided that no nuisance is created

S.271 Provisions as to wires, pipes, drains or sewers laid or carried above surface of ground

S.272 Previous notice to be given

S.273 Power to permit connections with main

S.274 Power to make or require connections in certain cases

S.275 Power to prescribe size of ferrules and to establish meters and the like

S.276 Communication and connections to be made subject to inspection by and to the satisfaction of Board

S.277 Connections may be made by Board's own agency

S.278 Power to enter premises

S.279 Presumption as to correctness of water

S.280 Testing of meter

S.281 Penalty for fraud in respect of meter

S.282 Penalty for injuring meter

S.283 Estimate and specification of works to be sent

S.284 Owner to bear the cost of keeping works in repair

S.285 Board to provide water supply

S.286 Pressure at which water must be kept

S.287 Provision for water meter

S.288 House-holder entitled to certain supply of water for domestic use

S.289 Power to provide water for latrine

S.290 Power to turn off water

S.291 Penalty for causing waste of water

S.292 Power to allow person outside the town to take water

S.293 Control by Commissioner, etc.

S.294 Inspection of works and registers by Commissioners

S.295 Inspector of Municipal works

S.296 Power to suspend action under the Act

S.296(a) Control over proceeding of Municipal Boards

S.297 Powers of State Government in case of default and of Deputy Commissioner in case of emergency, etc.

S.298 Power to supersede or dissolve Board in case of incompetence default or abuse of powers

S.299 Consequence of super-session

S.300 Disputes

S.301 Power of State Government to make rules

S.302 Power to make bye-laws

S.303 Additional powers to make bye-laws in hill municipalities

S.304 Conformation of bye-laws

S.305 Publication of bye-laws

S.306 Power to make rules as to business and affairs

S.307 How notice, etc. may be served

S.308 Reasonable time for compliance to be fixed

S.309 Service of notice on owner or occupier of land

S.310 Procedure when owners or occupiers are required by Board to execute works

S.311 Persons required to execute any work may prefer objection to the Board

S.312 Procedure if person objecting alleges that work will cost more than three hundred rupees

S.313 Chairman, etc. to make order after hearing objection

S.314 Order to be explained orally

S.315 Power of Board on failure of persons to execute work

S.316 Power to apportion expenses among owners and occupiers

S.317 Apportionment among owners and occupiers

S.318 Occupiers may recover cost of works executed at his expense from owner

S.319 Power to enter upon possession houses so repaired

S.320 Sale of materials of houses, etc. pulled down

S.321 Appeals from orders of Board

S.322 Appeals from orders refusing licenses

S.323 Board may direct prosecution for public nuisance, etc.

S.324 No prosecution for an offence under this Act to be instituted without consent of Board

S.325 Police Officer to report offences and arrest persons refusing to give name and residence

S.326 No action to be brought against the Board or their officers until after one month's notice of cause of action

S.327 Liability to pay expenses of fees may be contested in Civil Court

S.328 Dispute as to compensation payable by Board

S.329 Delegation of certain powers and functions of State Government

S.330 Survey of municipalities

S.331 Holder of license to produce it when required

S.332 Suspension of revocation of licenses, etc.

S.333 Penalty on officers, etc. asking unauthorized fees

S.334 Constitution of notified areas

S.335 Constitution of town committee

S.336 Power of State Government to impose taxation and regulate expenditure of proceeds thereof and to extend provision of the Act to notified areas

S.337 Applications of funds of areas ceasing to be notified

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