HARYANA MUNICIPAL CORPORATION ACT, 1994
An Act to provide for the establishment of Municipal Corporations for certain municipal areas in the State of Haryana.
Be it enacted by the Legislature of the State of Haryana in the Forty-fifth year of the Republic of India as follows :-
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(1) This Act may be called the Haryana Municipal Corporation Act, 1994.
(2) It extends to the whole of the State of Haryana excluding the cantonment areas therein.
(3) It shall be deemed to have come into force with effect from 31st May, 1994.
In this Act, unless the context otherwise requires, -
[(1) "annual value" notwithstanding anything contained in any other law for the time being in force, means, -
(a) in the case of land, the gross annual rent -
(i) to be calculated on the basis of fair rent fixed under the law relating to rent restriction for the time being in force; or
(ii) where no fair rent referred to in item (i) is fixed, at which it is expected to be let or it is actually let, whichever is greater :
Provided that, in the case of land assessed to land-revenue or any other tax in lieu thereof or of which the land-revenue has been wholly or in Part released, compounded for, redeemed or assigned, the annual value shall, if the State Government so directs, be deemed to be double the aggregate of the following amounts, namely :-
(i) the amount of the land-revenue or an
(1) From the 31st day of May, 1994, the Municipal Corporation of Faridabad shall be deemed to have been declared as such for the Municipal Area specified in the First Schedule appended to this Act.
(2) The Government may, from time to time, by notification in the Official Gazette, declare any municipality including area comprising rural area or a Part thereof, if any, to be a Corporation known as "the Municipal Corporation of ____________ (Name of Corporation)" :
Provided that no municipality [or municipalities] including area, comprising rural area or a Part thereof, if any, shall be so declared to be a Corporation unless the [existing] population thereof [is three lacs or more].
[Explanation. - "existing population" means the population projected for the year in which the constitution of the Corporation is being considered as per the following formula, namely: -
EP = P X (1+AGR/
(1) The Government may, by notification in the Official Gazette, abolish any Corporation declared under section 3.
(2) When a notification is issued under sub-section (1) in respect of any Corporation, this Act and all notifications, rules, bye-laws, orders, directions and powers issued, made or conferred under this Act, shall cease to apply to the said Corporation. The balance of the municipal fund and all other property at the time of the issue of the notification vested in the Corporation shall vest in the Government and the liabilities of the Corporation shall be transferred to the Government.
(3) Where any Corporation is abolished under sub-section (1) and subsequently the area comprising the Corporation so abolished is declared to be a Municipal Council or Municipal Committee, the assets and liabilities referred to in sub-section (2) shall vest in the Municipal Council or Municipal Committee from the date of its notif
(1) The Corporation shall be a body corporate having perpetual succession and a common seal with power, subject to the provisions of this act, to acquire, hold and dispose of property and may by the said name sue and be sued.
[(2) Save as provided in sub-section (3), all seats in the Corporation including a Mayor shall be filled by persons chosen by direct election from the territorial constituencies in the Municipal area and for this purpose the Municipal area shall by a notification issued in this behalf be divided into territorial constituencies to be known as wards.]
(3) In addition to the persons chosen by direct election from the territorial constituencies, the Government may, by notification, nominate the following categories of persons as members of the Municipal Corporation :-
[(i) not more than three persons having special knowledge or experience in municipal administration;]
(1) The Corporation, unless sooner dissolved under the provisions of section 400 of this Act, shall continue for five years from the date appointed for its first meeting :
Provided that the Corporation shall be given a reasonable opportunity of being heard before its dissolution.
(2) An election to constitute the Corporation shall be completed :-
(a) before the expiry of its duration specified in sub-section (1);
(b) before the expiration of a period of six months from the date of its dissolution:
Provided that where the remainder of the period for which the dissolved Corporation would have continued is less than six months, it shall not be necessary to hold any election under this section for constituting the Corporation for such period.
(3) A Corporation constituted upon its dissolution before the expiration of its duration shall conti
(1) After every official census, the total number of seats shall be fixed by the Government on the basis of latest census figures. In case certain area is included, or excluded from the limits of a Corporation, the population shall be ascertained on the spot in respect of such area and shall be added to, or excluded from the latest census figures of that Corporation for the purpose of refixation of seats.
[(2) For the purpose of election of members, the Municipal area shall be divided into wards in such manner, as may be prescribed.]
(3) Wards shall, as far as practicable, be geographically compact areas, and having regard to physical features, existing boundaries of administrative units, if any, facilities of communication and public convenience.
(4) The population of each ward, as far as practicable, should be the same throughout the Corporation with a variation upto 10 percent above or below the ave
Notwithstanding anything contained in this Act, the validity of any law relating to the delimitation of constituencies and the allotment of seats to such constituencies, made or purporting to be made under this Act or the rules framed thereunder, shall not be called in question in any court.
The work relating to the delimitation and reservation of wards of the Corporation shall be completed six months before the completion of the tenure of the Corporation, failing which the State Election Commission shall go ahead with the process of preparation of electoral rolls and conduct of elections on the basis of existing delimitation and reservation of wards.
A person shall not be qualified to be chosen as a Mayor or member unless,-
(a) he has attained twenty-one years of age; and
(b) his name is registered as an elector in the electoral roll of a ward in the Municipal area.]
(1) A person shall be disqualified for being chosen as, and [for being a Mayor or member] of the Corporation -
(a) if he is so disqualified by or under any law for the time being in force for the purposes of elections to the Legislature of the state;
(b) if he is so disqualified by or under any law made by the Legislature of the State.
(2) A person shall also be disqualified for being chosen as, and [for being a Mayor or member]-
(a) if he is of unsound mind and stands so declared by a competent court;
(b) if he is an undischarged insolvent;
(c) if he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgement of allegiance or adherence to a foreign State;
(d) if he has, in proceedings for questioning the validity or regularity of an election, been found
(1) No person shall be a Mayor or member of the Corporation, member of Legislative Assembly of the State or member of Parliament simultaneously.
(2) In case a Mayor or member of the Corporation is elected to the Legislative Assembly or Parliament, he shall cease to continue as a Mayor or member of the Corporation from the date he is declared as elected to the Legislative Assembly or Parliament, as the case may be.]
(1) Every candidate at an election shall, either himself or by his election agent, keep a separate and correct account of all expenditure in connection with the election incurred or authorised by him or by his election agent from the date of filing of nomination papers to the date of declaration of the result thereof, both dates inclusive.
(2) The account shall contain such Particulars, as may be notified by the State Election Commission in this behalf.
(3) The total of the said expenditure shall not exceed such amount as may be notified by the State Election Commission from time to time.
If any makes in connection with -
(a) the preparation, revision or correction of an electoral roll; or
(b) the inclusion or exclusion of any entry in or from an electoral roll,
a statement or declaration in writing, which is false and which he either knows on believes to be false or does not believe to be true, he shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to one thousand rupees, or with both.
The provisions of Sections [***], 20B, 28A, 33A, 33B, 125A, 134A, 134B, 135B and 135C of the Representation of the People Act, 1951 (Central Act 43 of 1951), shall mutatis mutandis apply to the provisions of this Act.]
If the State Election Commission is satisfied that a person has failed to lodge an account of election expenses within the time and manner, as prescribed by the State Election Commission and has no reason or justification thereof, the State Election Commission shall, by order published in the Official Gazette, declare him to be disqualified for contesting an election for a period of five years from the date of the order under this Act.
The State Election Commission may, for reasons to be recorded in writing, remove or reduce the period of disqualification under Section 8E.
Every contesting candidate or his election agent shall, lodge account of election expenditure within thirty days from the date of declaration of election result with the Deputy Commissioner or an officer authorized by the State Election Commission. [The deputy Commissioner or such officer shall, send a list of those candidates who contested but fail to lodge the account of election expenditure or made expenditure beyond the limit prescribed by the State Election Commission immediately after the completion of a period of thirty days from the declaration of election result. The State Election Commission shall accordingly pass an order of their disqualification under section 8E.]]
(1) The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the Corporation, shall be vested in the State Election Commission consisting of a State Election Commissioner to be appointed by the Governor.
[(1A) The functions of the State Election Commission under the Constitution, this Act or the rules made thereunder may, subject to such general or special directions, if any, issued by the State Election Commissioner in this behalf, be performed by an officer authorized by the State Election Commissioner.]
[(2) The State Election Commission shall consult the Government before announcing the date of election so that the Government as well as the Corporation may, if so requested by the State Election Commission, make available to the State Election Commission such staff as may be necessary for the discharge of the functions conferred on the State Election Commi
(1) The Government shall constitute Wards Committees consisting of one or more wards within the territorial area of the Corporation in the manner as may be prescribed.
(2) A member of the Corporation representing a Ward within the territorial area of the Wards Committee shall be a member of that Wards Committee.
(3) Where a Wards Committee consists of -
(a) one ward, the member representing that ward in the Corporation; or
(b) two or more wards, one of the members representing such wards in the Corporation elected by the members of the Wards Committee, shall be the Chairperson of that Wards Committee.
(4) The Wards Committee constituted under this section shall be entrusted with such powers and functions as may be prescribed.
(1) Seats shall be reserved for the Scheduled Castes in the Corporation and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in the Corporation, as the population of the Scheduled Castes in the Municipal area bears, to the total population of that area and such seats may be allotted by rotation to such wards having maximum population of persons belonging to Scheduled Castes.
(2) Not less than one-third of the total number of seats reserved under sub-section (1) shall be reserved for women belonging to the Scheduled Castes and such seats may be allotted by rotation and by lots amongst the wards reserved under sub-section (1).
(3) Not less than one-third (including the number of seats reserved for women belonging to the Scheduled Castes) of the total number of seats to be filled by direct election in the Corporation, shall be rese
Every person whose name is, for the time being entered in the electoral roll for a ward, shall be entitled to vote at an election of a number from that ward.
(1) Whenever a vacancy occurring by death, resignation or removal, or by vacation of a seat for any other reason, the vacancy shall be filled within six months of the occurrence of such vacancy :
Provided that no election shall be held to fill a casual vacancy occurring within six months prior to the holding of a general election.
(2) Every person elected or nominated to fill a casual vacancy shall be elected or nominated to serve for the remainder of his predecessor's term of office.
(3) If the vacancy be a vacancy reserved for any category, the vacancy will be filled from the same category.
[(1) After the declaration of general election results, [the name of Mayor and members] shall be published in the Official Gazette by the State Election Commission not earlier than one week before the expiry of the duration of the existing Corporation :
Provided that notification regarding bye-election results shall be published in the Official Gazette by the State Election Commission forthwith.]
(2) The names of persons nominated as members shall be published by the Government as specified under sub-section (3) of section 4 of this Act.
(1) [No election of a Mayor or member] shall be called in question except by an election petition presented to the authority as may be prescribed within thirty days from the date of the publication of the result of the election under section 14.
(2) An election petition calling in question any such election, may be presented on one or more of the grounds specified in sections 18, 19, 20, 21 and 22 by any candidate at such election or by any elector of the ward concerned.
(3) A petitioner shall join as respondent to his petition all the candidates at the election.
(4) An election petition -
(a) shall, contain a concise statement of the material facts on which the petitioner relies;
(b) shall, with sufficient Particulars, set forth the ground or grounds on which the election is called in question; and
(c) shall be signed by the petitioner
(1) A petitioner may claim -
(a) a declaration that the election of all or any of the returned candidates is void; and
(b) in addition thereto, a further declaration that he himself or any other candidate has been duly elected.
(2) The expression 'returned candidate' means a candidate whose name has been published in the Official Gazette under section 14.
(1) Subject to the provisions of sub-section (2), if the authority as may be prescribed, is of the opinion -
(a) that on the date of his election a returned candidate was not qualified or was disqualified, [to be chosen as a Mayor or member]; or
(b) that any corrupt practice has been committed by a returned candidate or his agent or by any other person with the consent of a returned candidate or his agent; or
(c) that any nomination paper has been improperly rejected; or
(d) that the result of the election in so far as it concerns a returned candidate has been materially affected -
(i) by the improper acceptance of any nomination; or
(ii) by any corrupt practice committed in the interests of the returned candidate by a person other than the candidate or his agent or a person acting with the consent of such candidate or agent; or
The procedure provided in the Code of Civil Procedure, 1908 in regard to suits, shall be followed by the prescribed authority, in the trial and disposal of an election petition under this Act.
(1) At the conclusion of the trial of an election petition, the prescribed authority shall make an order -
(a) dismissing the election petition; or
(b) declaring the election of all or any of the returned candidates to be void; or
(c) declaring the election of all or any of the returned candidates to be void and the petitioner and any other candidate to have been duly elected.
(2) If any person, who has filed an election petition, has in addition to calling in question the election of the returned candidate, claimed declaration that he himself or any other candidate has been duly elected and the prescribed authority is of the opinion -
(a) that in fact the petitioner or such other candidate received a majority of the valid votes; or
(b) that but for the votes obtained by the returned candidate the petitioner or such other candidate would
If during the trial of an election petition it appears that there is an equality of votes between any candidates at the election and that the addition of a vote would entitle any of those candidates to be declared elected, then the prescribed authority shall decide between them by lot and proceed as if the one on whom the lot falls had received an additional vote.
(1) Save as otherwise provided an order of the prescribed authority on an election petition shall be final.
(2) An [election of a Mayor or member] not called in question in accordance with the foregoing provisions shall be deemed to be a good and valid election.
(3) Any person aggrieved by the order of the prescribed authority may file an appeal to the District Judge within a period of thirty days from the date of the order.
The following shall be deemed to be corrupt practices for the purposes of this Act -
(1) Bribery as defined in sub-section (1) of section 123 of the Representation of the People Act, 1951.
(2) Undue influence as defined in sub-section (2) of the said section.
(3) An appeal by a candidate or his agent or by any other person with the consent of the candidate or his election agent to vote or refrain from voting on grounds of caste, race, community or religion or the use of or appeal to, religious symbols or, the use of or appeal to national symbols such as the national flag or the national emblem, for the furtherance of the prospects of that candidate's election.
(4) The publication by a candidate or his agent or by any other person with the consent of the candidate or his election agent of any statement of fact which is false, and which he either believes to be false or does not bel
(1) Every Officer or Clerk, agent or other person who performs any duty in connection with the recording or counting of votes at an election, shall maintain and aid in maintaining the secrecy of the voting and shall not (except for some purpose authorised by or under any law) communicate to any person any information calculated to violate such secrecy.
(2) Any person who contravenes provisions of sub-section (1), shall be punishable with imprisonment for a term which may extend to three months or with fine, or with both.
Notwithstanding anything contained in this Act or the rules made thereunder, the casting and recording of votes by voting machines in the Corporation may be adopted in such manner as the State Election Commission may, having regard to the circumstances of each case, specify.
Explanation. - For the purpose of this section "voting machine" means any machine or apparatus whether operated electronically or otherwise and used for casting or recording of votes and any reference to a ballot box or ballot paper in this Act or the rules made thereunder shall, save as otherwise provided, be construed as including a reference to such voting machine wherever such voting machine is used at any election.]
(1) No person who is a returning officer, or an assistant returning officer or a presiding officer or polling officer at an election or an officer or clerk appointed by the returning officer or the presiding officer to perform any duty in connection with an election or a member of a police force, shall in the conduct or management of the election do any act (other than the giving of votes) for the furtherance of the prospects of the election of a candidate.
(2) No such person as aforesaid shall endeavour -
(a) to persuade any person to give his vote at an election; or
(b) to dissuade any person for giving his vote at an election; or
(c) to influence the voting of any person at an election in any manner.
(3) Any person who contravenes the provisions of sub-section (1) or sub- section (2) shall be punishable with imprisonment for a term which may extend to six
(1) No person shall, on the date or dates on which the poll is to take at any polling station, commit any of the following acts within the polling station, or in any public or private place within a distance of hundred metres of the polling station, namely :-
(a) canvassing for votes; or
(b) soliciting the votes of any elector; or
(c) persuading any elector not to vote for any Particular candidate; or
(d) persuading any elector not to vote at the election; or
(e) exhibiting any notice or sign (other than an official notice) relating to the election.
(2) No person shall convene, hold or attend any public meeting within any ward on the date or dates on or at any time within twenty-four hours preceding the start of the poll for an election in that ward.
(3) Any person who contravenes the provisions of sub-section (1) s
(1) No person shall, on the date or dates on which a poll is taken at any polling station -
(a) use or operate within or at the entrance of the polling station or in any public or private place in the neighbourhood thereof any apparatus for amplifying or reproducing the human voice, such as a megaphone or a loud- speaker; or
(b) shout or otherwise act in a disorderly manner, within or at the entrance of the polling station, or in any public or private place in the neighbourhood thereof; so as to cause annoyance to any person visiting the polling station for the poll, or so as to interfere with the work of the officer and other persons on duty at the polling station.
(2) Any person who contravenes or wilfully aids or abets the contravention of the provisions of sub-section (1) shall be punishable with imprisonment for a term which may extend to three months, or with fine, or with both.
(1) Any person who during the hours fixed for the poll at any polling station, misconducts himself or fails to obey the lawful directions of the presiding officer, may be removed, from the polling station by the presiding officer or by any police officer on duty or by any person authorised in this behalf by such presiding officer.
(2) The powers conferred by sub-section (1) shall not be exercised so as to prevent any elector who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station.
(3) If any person who has been so removed from a polling station, re-enters the polling station without the permission of the presiding officer, he shall be punishable with imprisonment for a term which may extend to three months or with fine, or with both.
(4) An offence punishable under sub-section (3) shall be cognizable.
(1) If any person to whom this section applies, is without reasonable cause guilty of any act or omission in breach of his official duty, he shall be punishable with fine which may extend to five hundred rupees. An offence punishable under this section shall be cognizable.
(2) No suit or other legal proceeding shall lie against any such person for damages in respect of any such act or omission as aforesaid.
(3) The persons to whom this section applies are returning officers, assistant returning officers, presiding officers, polling officers and any other person appointed to perform any duty in connection with receipt of nominations or withdrawal of candidatures or the recording or counting of votes at an election; and the expression "Official duty"' shall for the purposes of this section be construed accordingly.
(1) If any person performs any official duty in connection with the preparation, revision or correction of the electoral roll or inclusion or exclusion of any entry in or from that roll, is without reasonable cause, guilty of any act or omission for breach of such official duty, he shall be punishable with imprisonment for a term which shall not be less than three months but which may extend to two years or with fine which may extend to five thousand rupees or with both.
(2) No suit or other legal proceedings shall lie against any such officer or other person for damages in respect of any act or omission as aforesaid.
(3) No court shall take cognizance of any offence punishable under sub- section (1) unless there is a complaint made by order of, or under authority from, the State Election Commission or the Deputy Commissioner of the district concerned.]
(1) Any person who at an election fraudulently takes or attempts to take a ballot paper out of a polling station, or wilfully aids or abets the doing of any such act shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to five hundred rupees, or with both.
(2) If the Presiding Officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under sub- section (1), such officer may, before such person leaves the polling station, arrest or direct a police officer to arrest such person and may search such person or cause him to be searched by a police officer :
Provided that when it is necessary to cause a woman to be searched, the search shall be made by another woman with strict regard to decency.
(3) Any ballot paper found upon the person arrested on search shall be made over for safe custody
Whoever commits an offence of booth capturing shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years and with fine, and where such offence is committed by a person in the service of the Government, he shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to three years and with fine.
Explanation. - For the purposes of this section, "booth capturing" includes, among other things, all or any of the following activities, namely :-
(a) seizure of a polling station or a place fixed for the poll by any person or persons making polling authorities surrender the ballot papers or voting machines and doing of any other act which affects the orderly conduct of elections ;
(b) taking possession of a polling station or a place fixed for the poll by any person or persons and allowing only his or
(1) A person shall be guilty of an electoral offence, if at any election he -
(a) fraudulently defaces, destroys any nomination paper; or
(b) fraudulently defaces, destroys or removes any list, notice or other document affixed by or under the authority of the Returning Officer; or
(c) fraudulently defaces or destroys any ballot paper or the official mark on any ballot-paper or any declaration or identity or official envelop used in connection with voting by postal ballot; or
(d) without due authority supplies any ballot paper to any person or receives any ballot paper from any person or is in possession of any ballot paper; or
(e) fraudulently puts into any ballot-box any thing other than the ballot paper which he is authorised by law to put in; or
(f) without due authority destroys, takes, opens or otherwise interferes with any ballot b
(1) The Government may, in consultation with State Election Commission, make rules to provide for or regulate all or any of the following matters for the purpose of [holding election of Mayor and members] under this Act, namely :-
(a) qualifications of elector and the preparation, publication, correction and revision of electoral rolls;
(b) the appointment of returning officer, assistant returning officers, presiding officers and polling officers for the conduct of elections;
(c) the nomination of candidates, form of nomination papers, objections to nominations and scrutiny of nominations;
(d) the deposits to be made by candidates, time and manner of making such deposits and the circumstances under which such deposits may be refunded to candidates or forfeited to the Corporation;
(e) the withdrawal of candidature;
(f) the appointment of
(1) Every elected Mayor or member shall, before taking his seat, make and subscribe at a meeting of the Corporation, an oath or affirmation according to the following form, namely :-
I........................having been elected as a Mayor or member of the Municipal Corporation of.........................do swear in the name of God that I will bear true faith and allegiance to the Constitution of India as by law established and that I will faithfully discharge the duty upon which I am about to enter.
(2) If a person sits or votes as a Mayor or member before he complied with the requirements of sub-section (1), he shall be liable in respect of each day on which he so sits or voted to a penalty of five hundred rupees to be recovered as an arrear of tax under this Act, and his vote shall be considered invalid.]
(1) The Government may, by notification remove Mayor or member, if in its opinion-
(a) he becomes subject to any of the disqualifications mentioned in section 8; or
(b) he has flagrantly abused his position as a Mayor or member or has through negligence or misconduct been responsible for the loss or misapplication of any money or property of the Corporation ; or
(c) he has become physically or mentally incapacitated for performing his duties as a Mayor or member ; or
(d) he absents himself during three successive months from the meetings of the Corporation ; or
(e) he acts in contravention of the provisions of section 60; or
(f) he has, since his election or nomination, become subject to any disqualification which, if it had existed at the time of his election or nomination, would have rendered him ineligible under any law for the time
(1) The Commissioner of the Division may, [suspend a Mayor or member] of a Corporation where -
(a) a case against him in respect of any criminal offence is under investigation, enquiry or trial, if in the opinion of the Commissioner of Division the charge made or proceedings taken against him, are likely to embarrass him in the discharge of his duties or involves moral turpitude or defect of a character;
(b) during the course of an enquiry for any of the reasons for which he can be removed under section 34, after giving him a reasonable opportunity of being heard.
(2) [A Mayor or any member] suspended under sub-section (1) shall not take Part in any act or proceedings of the Corporation during the period of suspension and shall hand over the records, money or any other property of the Corporation in his possession or under his control -
(i) to Mayor, Senior Deputy Mayor or Deputy
The State Election Commission may, after such enquiry, as it may deem fit and after giving an opportunity of being heard, by order, remove a Mayor or member, if he was having any disqualification mentioned in section 8 at the time of his election. The office of the Mayor or member so disqualified shall become vacant immediately.]
If an elected Mayor or member fails to follow the provisions of sections 8E or 8G, he shall be removed by the State Election Commission after giving him an opportunity of being heard. The office of the Mayor or member so disqualified shall become vacant immediately.]
[A Mayor or member] so disqualified under section 34-B or 34-C may file an application for review of order before the State Election Commission within a period of forty-five days from the receipt of the order. The order passed by the State Election Commission under this section shall be final and no civil court shall have jurisdiction to entertain a petition against such order.]
The members shall be entitled to receive allowances for attendance at meetings of the Corporation and of its committees at such rate as may be notified by the Government in the Official Gazette.
[(1) ***]
(2) The Corporation shall also elect in the manner prescribed, [two of its elected members] to be the Senior Deputy Mayor and Deputy Mayor. The term of office of the Senior Deputy Mayor and Deputy Mayor shall be for a period of five years or for the residue period of their offices as a member, whichever is less:
Provided that if the office of the Senior Deputy Mayor or Deputy Mayor is vacated during his tenure on account of death, resignation or no- confidence motion, a fresh election for the remainder period shall be held within one month of the vacancy.]
[(3) and (4) ***]
(1) The Mayor shall be entitled to payment of such honorarium and may be given such facilities in respect of residential accommodation, telephone, conveyance and the like, as may be prescribed.
(2) The Mayor shall have access to the record of the Corporation and may issue directions to the Commissioner or call for reports from him with a view to ensure proper implementation of the decision of the Corporation.]
A member holding office as [***] or Senior Deputy [***] Deputy [***] may be removed from his office by a resolution of the Corporation passed by a majority of [not less than two- thirds of the elected members] of the Corporation, in the manner as may be prescribed.
(1) The Commissioner of the Division may suspend [***], Senior Deputy [***] and Deputy [***] of a Corporation where -
(a) a case against him in respect of any criminal offence is under investigation, enquiry or trial, if in the opinion of the Commissioner of the Division, the charge made or proceedings taken against him, are likely to embarrass him in the discharge of his duties or involves moral turpitude or defect of a character;
(b) during the course of an enquiry for any of the reason for which he can be removed under section 37, after giving him a reasonable opportunity of being heard.
(2) A [***], Senior Deputy [***] or Deputy [***], as the case may be, suspended under sub-section (1), shall not take Part in any act or proceedings of the Corporation during the period of suspension and shall hand over the records, money or any other property of the Corporation in his possession or under his contro
***
[(1) ***]
(2) The Senior Deputy Mayor or the Deputy Mayor may, by writing under his hand addressed to the Mayor, resign his office.
(3) A resignation under sub-section (1) or sub-section (2) shall take effect from the date of its acceptance.
(1) The Corporation may constitute as many ad hoc Committees consisting of such number of members and experts for such term as it thinks fit for the exercise of any power or discharge of any function which the Corporation may by resolution delegate to them or for inquiring into, reporting or advising upon any matter which the Corporation may refer to them.
(2) The Corporation shall constitute a Water Supply and Sewerage Disposal Committee, a Buildings and Roads Committee, a House Tax Assessment Committee and such other committees as may be prescribed consisting of such number of members and for the exercise of such powers or discharge of such functions as may be prescribed.
(3) There shall also be a Finance and Contracts Committee of the Corporation comprising the Mayor, the two Deputy Mayors, two members elected by the members from amongst themselves and the Commissioner, and the aforesaid Committee shall exercise all the
(1) Subject to the provisions of this Act and the rules, regulations and bye-laws made thereunder, the Municipal administration of the Municipal area shall vest in the Corporation.
(2) Without prejudice to the generality of the provisions of sub-section (1) it shall be the duty of the Corporation to consider all periodical statements of the receipts and disbursement and all progress reports and pass such resolutions thereon as it deems fit.
Subject to the provisions of the Constitution, the Government may, by order entrust the Corporation with such powers and authority as may be necessary to enable it to function as institution of local Government and such order may contain provisions for the devolution of powers, functions and responsibilities upon the Corporation, preparation of plans for economic development and social justice including the functions in respect of the following matters, namely :-
(1) Urban planning including town planning.
(2) Regulation of land-use and construction of buildings.
(3) Planning for economic and social development.
(4) Roads and bridges.
(5) Water supply for domestic, industrial and commercial purposes.
(6) Public health, sanitation conservancy and solid waste management.
(7) Fire services.
(8) Ur
It shall be incumbent on the Corporation to make adequate provisions, by any means or measures which it may lawfully use or take, for each of the following matters, namely :-
(a) the construction, maintenance and cleaning of drains and drainage works and of public latrines, urinals and similar conveniences;
(b) the construction and maintenance of works and means for providing supply of water for public and private purposes;
(c) the scavenging, removal and disposal of filth, rubbish and other obnoxious or polluted matters;
(d) the reclamation of unhealthy localities, the removal of noxious vegetation and generally the abatement of all nuisances;
(e) the regulation of places for the disposal of the dead and the provision and maintenance of places for the said purpose;
(f) the construction and maintenance of cattle pond;
The Corporation may provide either wholly or in Part for all or any of the following matters, namely :-
(a) the furtherance of education including cultural and physical education;
(b) the establishment and maintenance of, and aid to libraries, museums, art galleries, botanical or zoological collections;
(c) the establishment and maintenance of, and aid to stadia, gymnasia, kharas and places for sports and games;
(d) the registration of marriages;
(e) the taking of a census of population;
(f) the civic reception to persons of distinction;
(g) the providing of music or other entertainments in public places or places of public resort and the establishment of theatres and cinemas;
(h) the organisation and management of fairs and exhibitions;
(i) the construction and maintenanc
(1) The Government shall, by notification in the Official Gazette, appoint an I.A.S. Officer having a minimum service as such of at least five years, as the Commissioner of the Corporation.
(2) Subject to the provisions of sub-section (3) the Commissioner so appointed shall hold office for a term of three years in the first instances:
Provided that his appointment may be renewed for a term not exceeding three years;
Provided further that no officer who has attained the age of superannuation, shall be appointed or continue as Commissioner.
(3) The Government -
(a) [-]
(b) may recall the Commissioner at any time during the term of his appointment.
The Commissioner shall be paid out of the Corporation Fund such monthly salary and such monthly allowances, as may from time to time be fixed by the Government and may be given such facilities in relation to residential accommodation, conveyance and the like as may from time to time be fixed by the Government.
Whenever the Commissioner is on leave, or is sent on training another officer may be appointed by the Government in his place.
The Corporation shall make such contribution towards leave, allowances, pension and provident fund of the Commissioner as may be required by the conditions of his service under the Government.
Save as otherwise provided in this Act, and subject to general supervision and control of the Corporation the executive power, for the purpose of carrying out the provisions of this Act, and of any other Act for the time being in force which confers any power or imposes any duty on the Corporation, shall vest in the Commissioner, who shall also -
(a) exercise all the powers and perform all the duties specifically conferred or imposed upon him by this Act or by any other law for the time being in force;
(b) prescribe the duties of and exercise supervision and control over the acts and proceedings of all Corporation officers and other Corporation employees and subject to any rules that may be made under section 67 dispose of all questions relating to the service of the said officers and other employees and their pay, privileges, allowances and other conditions of service;
(c) on the occurrence or threate
Power of Corporation to require Commissioner to produce documents and furnish returns, reports etc. - (1) The Corporation may at any time require the Commissioner -
(a) to produce any record, correspondence, plans or other documents which is in his possession or under his control as Commissioner or which is recorded or filed in his office or in the office of any Corporation Officer or other Corporation employee subordinate to him;
(b) to furnish any return, plan, estimate, statement, account of statistics concerning or connected with any matter pertaining to the administration of this Act, or any Municipal authority;
(c) to furnish a report by himself or to obtain from any Corporation officer or other employee subordinate to him and furnish with his own remarks thereon, a report, upon any subject concerning or connected with the administration of this Act, or any Municipal authority.
Save as otherwise provided in this Act, the exercise of any power or the performance of any duty conferred or imposed upon the Corporation or any authorities by or under this Act, which will involve expenditure, shall be subject to the following conditions, namely :-
(a) that such expenditure, in so far as it is to be incurred in the year in which such power is exercised or duty performed, shall be provided for under a current budget-grant; and
(b) that if the exercise of such power or the performance of such duty involves or is likely to involve expenditure for any period or at any time after the close of the said year, such expenditure shall not be incurred without the sanction of the Corporation
(1) The Corporation shall ordinarily hold at least one meeting in every month for the transaction of its business:
[Provided that in addition to the aforesaid meeting, every Corporation shall hold atleast one meeting in every six months of a duration of not less than three days.]
(2) The Mayor or in his absence the Senior Deputy Mayor, and in the absence of both, the Deputy Mayor may, whenever he thinks fit, and shall upon a requisition in writing by not less than one-fourth of the total number of members, convene a special meeting of the Corporation.
(3) Any meeting may be adjourned until the next or any subsequent date, and an adjourned meeting may be further adjourned in like manner.
(1) First meeting of the Corporation after general elections shall be held as early as possible but not later than thirty days after the publication of the results of the election of the members under section 14 and shall be convened by the Divisional Commissioner.
(2) Notwithstanding anything contained in section 56, for election of the Mayor, the Divisional Commissioner shall nominate a member who is not a candidate for such election to preside over the meeting.
(3) If during the election of Mayor it appears that there is an equality of votes between the candidates at such election and that the addition of a vote would entitle any of the candidates to be elected as Mayor, then the person presiding over the meeting shall decide between them by lot to be drawn in the presence of the candidates and in such manner as he may determine, and the candidate on whom the lot falls shall be deemed to have received an additional vote.
A list of the business to be transacted at every meeting except at an adjourned meeting shall be sent at the recorded address of each member at least five days before the time fixed for such meeting other than the business of which a notice has been so given:
Provided that an urgent meeting may be called on a notice of a lesser period than five days:
Provided further that any member may send or deliver to the Corporation Secretary notice of any business going beyond the matters mentioned in the notice given of such meeting so as to reach him at least forty-eight hours before the date fixed for the meeting and the Corporation Secretary shall with all possible despatch take steps to circulate such resolution to every member in such manner as he may think fit:
Provided further that such other business or resolution may be transacted or taken up only with the permission of the Chair.
(1) The quorum necessary for the transaction of business at a meeting of the Corporation shall be one-third of the total number of members.
(2) If at any time during a meeting of the Corporation there is no quorum it shall be the duty of the Mayor or the person presiding over such meeting either to adjourn the meeting or to suspend the meeting until there is a quorum.
(3) Where a meeting has been adjourned under sub-section (2), the business which would have been brought before the original meeting if there had been a quorum present thereat, shall be brought before, and may be transacted at an adjourned meeting, whether there is quorum present or not :
Provided that notice of an adjourned meeting under sub-sections (2) and (3) shall be given to all members.
(1) The Mayor or in his absence, the Senior Deputy Mayor, and in the absence of the both, the Deputy Mayor shall preside over at every meeting of the Corporation.
(2) In the absence of both the Mayor and the Deputy Mayor from the meeting the members present shall elect one from among their own members to preside.
(3) The Mayor or the person presiding over a meeting shall have and exercise a second or a casting vote in all cases of equality of votes.
(1) Save as otherwise provided in this Act, all matters required to be decided by the Corporation shall be decided by majority of the votes of members present and voting.
(2) The voting shall be by show of hands, but the Corporation may subject to such regulations as may be made by it, resolve that any question or class of questions shall be decided by secret ballot.
(3) At any meeting, unless voting be demanded by at least four members a declaration by the presiding officer at such meeting that a resolution has been carried or lost, and an entry to that effect in the minutes of the proceedings shall, for the purposes of this Act, be conclusive evidence of the fact without proof of the number or proportion of the votes recorded in favour of or against such resolution.
(4) If voting as aforesaid is demanded, the votes of all of the members present who desire to vote shall be taken under the direction of
(1) The Mayor or the person presiding over a meeting shall preserve order thereat and shall have all powers necessary for the purpose of preserving such order.
(2) The Mayor or the person presiding over a meeting may direct any member whose conduct is in his opinion disorderly to withdraw immediately from the meeting, and any member so directed to withdraw shall do so forthwith and shall absent himself during the remainder of the meeting.
(3) If any member is ordered to withdraw a second time within fifteen days, the Mayor or the person presiding may suspend such member from attending the meetings of the Corporation for a period not exceeding fifteen days and the member so suspended shall absent himself accordingly :
Provided that the Mayor or the person presiding may at any time cancel such suspension:
Provided further that such suspension shall not debar the suspended member fro
No member shall vote at a meeting of the Corporation or of any Committee thereof on any question relating to his own conduct or vote or take Part in any discussion on any matter (other than a matter affecting generally the residents of the Municipal area or of any Particular ward), which affects his pecuniary interest or any property in respect of which he is directly or indirectly interested, or any property of or for which he is a manager or an agent.
(1) The Commissioner or any Corporation Officer authorised by him in this behalf may attend, speak in, or otherwise take Part in the proceedings of any meeting of the Corporation or any of its Committees, but he shall not be entitled to vote in any such meeting.
(2) A member may, subject to the provisions of sub-section (3), ask the Commissioner, during first half of an hour of every meeting, question on any matter relating to the municipal administration of area or the administration of this Act.
(3) The right to ask a question shall be governed by the following conditions, namely :-
(a) not less than seven days' clear notice in writing specifying the question shall be given to the Corporation Secretary;
(b) no question shall -
(i) bring in any name or statement not strictly necessary to make the question intelligible;
(ii) contain argu
The Corporation may make regulations for the transaction of business at its meetings and at the meetings of its ad hoc committees and the manner in which notice of such meetings shall be given:
Provided that the time, place and procedure for the first meeting after the constitution of the Corporation under section 4 shall be determined by the Divisional Commissioner.
(1) The Chairman or in his absence the Vice-Chairman shall preside at every meeting of the ad hoc committee.
(2) In the absence of the Chairman and the Vice-Chairman from any meeting the members of any such Committee shall choose one of their members to preside over the meeting.
Minutes, in which shall be recorded the names of the members present at and the proceedings of each meeting of the Corporation or of the committee, shall be drawn up and recorded by the Corporation Secretary in a book to be kept for that purpose and shall be laid before the next ensuing meeting of the Corporation or of the Committee, as the case may be, and shall be signed at such meeting by the presiding officer thereof.
Minutes of the proceedings of each meeting of the Corporation shall be circulated to all the members of the Corporation and shall at all reasonable times be available at the Corporation Officers for inspection without charge by any member or person on payment of a fee prescribed by regulation.
(1) The Corporation Secretary shall forward to the Government a copy of the minutes of the proceedings of each meeting of the Corporation within three days from the date of the meeting.
(2) The Government may also in any case ask for a copy of any paper or all the papers which were laid before the Corporation or any Committee thereof and the Corporation Secretary shall forward to the Government, a copy of such paper or papers.
(1) The Corporation shall have powers to act notwithstanding any vacancy in the membership thereof and no act done or the proceedings taken under this Act, shall be questioned on the ground merely of -
(a) the seat of any member remaining unfilled for any cause whatsoever;
(b) the existence of any vacancy in, or any defect in the constitution of the Corporation, or in any committee thereof;
(c) any member having voted or taken Part in any proceedings in contravention of section 60;
(d) any defect or irregularity not affecting the merits of the case.
(2) Every meeting of the Corporation or of any committee thereof, the minutes of proceedings which have been duly drawn up and signed shall be deemed to have been duly convened and to be free from all defects and irregularities.
(1) The Government may, by notification, constitute, in the prescribed manner, all or any of the categories of Corporation services:
Provided that the Government shall appoint a Corporation Secretary for performing the duties assigned to him under this Act.
(2) The Government may make rules for regulating the recruitment and the conditions of service of members of the Corporation services referred to in sub-section (1), and the classification of such services and for the duties and functions of the members of such services.
(3) The salary, allowances, gratuity, pension and other payments required to be made to the members of the Corporation services in accordance with the conditions of their service shall be charged from the Corporation Fund in the prescribed manner.
[(4) Creation of posts in a Corporation service shall be made by the Government and appointment of members thereto
No Corporation Officer or other Corporation employee shall undertake any work unconnected with duties under this Act except with the permission of the Corporation.
(1) A person shall be disqualified for being appointed as a Corporation Officer or employee if he has, directly or indirectly, by himself or by a Partner or any other person, any share or interest in any contract made with, or any work being done for the Corporation, other than as such officer or employee.
(2) If any such officer or other employee acquires, directly or indirectly by himself or by a Partner or any other person, any share or interest in any such contract of work as is referred to in sub-section (1), he shall unless the authority appointing him in any Particular case otherwise decides, be liable to be removed from his office by an order of such authority:
Provided that before an order of removal is made such officer or other employee shall be given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him.
(1) Every Corporation Officer or other Corporation employees, other than those referred to in sub-section (1) of section 67, shall be liable to have his increments or promotion withheld or to be censured, reduced in rank, compulsorily retired, removed or dismissed for breach of any dePartmental regulations or of discipline or for carelessness, unfitness, negligence of duty or other misconduct by such authority as may be prescribed by regulations:
Provided that no such officer or other employee as aforesaid shall be reduced in Bank, compulsorily retired, removed or dismissed by an authority subordinate to that by which he was appointed.
(2) No such officer or other employee shall be punished under sub-section (1) unless he has been given a reasonable opportunity of showing cause against the action proposed to be taken against him :
Provided that this sub-section shall not apply -
(
(1) The Corporation may make regulations to provide for the tenure of office, salaries and allowances, provident fund, pension, gratuity, leave of absence, punishment and other conditions of service of officers and other employees appointed under this Chapter.
(2) No such officer or other employee shall be punished under sub-section (1) unless he has been given a reasonable opportunity of showing cause against the action proposed to be taken against him:
Provided that this sub-section shall not apply :-
(a) where an officer or other employee is removed or dismissed on the ground of conduct which has led to his conviction on a criminal charge; or
(b) where the authority empowered to remove or dismiss such officer or other employee is satisfied that for some reason to be recorded by that authority, it is not reasonably practicable to give that person an opportunity of showing cause.
(1) Save as otherwise provided in this Act -
(a) all funds which immediately before the declaration and constitution of the Corporation under sections 3 and 4 of this Act vested in the Municipal area of the Faridabad Complex or any Part thereof or any municipality including area comprising rural area or a Part thereof, if any;
(b) all money received by or on behalf of the Corporation under the provision of this Act or of any law for the time being in force or under any contract;
(c) all proceeds of the disposal of property by, or on behalf of the Corporation;
(d) all rents accruing from any property of the Corporation;
(e) all moneys raised by any tax, rate or cess levied for the purpose of this Act;
(f) all fees collected and all fines levied under this Act or under any rule, regulation or bye-law made thereunder;
(1) A separate fund called the Service to Poor Fund shall be constituted to deliver the services to the poor and the inhabitants of slum areas. This fund shall comprise of -
(i) all moneys raised by any rent, tax, fine, rate or cess on any person or any property situated in slum area;
(ii) a grant received from the Central/State or any other agency for development of slum area;
(iii) moneys received from any individual or associations of individuals by way of grants or gifts or deposits for service to the poor;
(iv) all moneys received by or on behalf of Corporation or any source specifically meant for this fund; and
(v) any fund that may be transferred by the Commissioner from the Corporation Fund under the specific major head of account to ensure adequate funds for meeting the purpose of this fund.]
All moneys payable to the credit of the Corporation Fund shall be received by the Commissioner and shall be forthwith paid into any nationalised bank, or in a treasury of the Government or any other bank approved by the Government in this behalf.
Save as otherwise provided in this Act, no payment shall be made by any bank referred to in section 73 out of the Corporation Fund except on a cheque signed by both, -
(a) Officer incharge of the accounts; and
(b) the Commissioner or an officer subordinate to him authorised by him in this behalf.
No payment of any sum out of the Corporation Fund shall be made unless the expenditure of the same is covered by a current budget grant and sufficient balance of such budget grant is still available notwithstanding any reduction or transfer thereof which may have been made under the provisions of this Act:
Provided that this section shall not apply to payments made in the following classes of cases, namely :-
(a) repayment of money, belonging to contractors or other persons and held in deposit and of moneys collected or credited to the Corporation Fund by mistake;
(b) refund of taxes and other moneys which are authorised under this Act;
(c) sum payable in any of the following circumstances -
(i) under orders of the Government on failure of the Corporation to take any action as required by the Government; or
(ii) under any other enactment
Before any person signs a cheque in accordance with section 74 or signs any bill for payment of any amount from the treasury, he shall satisfy himself that the sum which is specified for payment in the bill or for which the cheque is drawn, as the case may be, is either -
(a) required for a purpose or work specifically sanctioned by the proper authority and covered by a current budget grant; or
(b) required for any payment referred to, or specified in section 75.
Whenever any sum is expended under clauses (c), (e) or (f) of the proviso to section 75, the Commissioner shall forthwith communicate the circumstances to the Corporation to take such action under the provisions of this Act, as shall, in the circumstances, appear possible and expedient for covering the amount of the additional expenditure.
(1) The money from time to time credited to Corporation Fund, shall be applied in payment of all sums, charges and costs necessary for carrying out the provisions of this Act and of the rules, regulations and bye-laws made thereunder or of which payment is duly directed, sanctioned or required by or under any of the provisions of this Act.
(2) The money referred to in sub-section (1) shall likewise be applied in payment of all sums payable out of the Corporation Fund under any other enactment for the time being in force.
(3) Notwithstanding anything contained in this Act, the moneys referred to in sub-section (1) may also be applied in payment of all sums, charges and costs on all acts and things which are likely to promote the safety, health, welfare, or convenience of the inhabitants or expenditure whereof may be declared by the Corporation, with the sanction of the Government to be an appropriate charge on the Corporatio
(1) The fund shall be utilized to promote services for the poor and the inhabitants of the slum areas and the Corporation shall endeavour that at least, -
(i) 20% of the total revenue income;
(ii) 20% of the revenue expenditure; or
(iii) 25% of the total capital expenditure,
whichever is maximum, is incurred on delivery of the services to the poor and the inhabitants of the slum areas per annum.
Explanation. - For the purposes of this section"services" shall include basic environmental services, roads, primary education and health, housing, water supply, sanitation, social security and such like services. However, it shall not include establishment expenses (including salary and wages) not directly and specifically incurred for delivery of service.
On the written requisition of the Secretary, Local Government DePartment, Haryana, the Commissioner may at any time undertake the execution of any work certified by such Secretary to be urgently required in public interest, and for this purpose may temporarily make payments from the Corporation Fund so far as the same can be met without unduly interfering with the regular work of the Corporation.
Surplus moneys standing at the credit of Corporation Fund which cannot immediately or at an early date be applied for the purposes specified in section 78, shall be invested in the prescribed manner.
(1) The Corporation shall constitute such special fund or funds as may be prescribed by regulations and such other funds necessary for the purposes of this Act as may be so prescribed.
(2) The constitution and disposal of such funds shall be effected in the manner laid down by regulations.
(1) The Finance Commission constituted by the State Government under Article 243-I of the Constitution of India shall review the financial position of the Corporation and make recommendations to the Government as to-
(a) the principles which should govern -
(i) the distribution between the State and the Corporation of the net proceeds of the taxes, duties, tolls and fees leviable by the State, which may be divided between them and the allocation between the Corporation at all levels of their respective shares of such proceeds;
(ii) the determination of the taxes, duties, tolls and fees which may be assigned to, or appropriated by the Corporation;
(iii) the grants-in-aid to the Corporation from the Consolidated Fund of the State;
(b) the measures needed to improve the financial position of the Corporation;
(c) any other matter conferred t
(1) The Corporation shall not later than the first week of February of every year, adopt for the ensuing year a budget estimate which shall be an estimate of the income and expenditure of the Corporation to be received and incurred on account of the Corporation.
(2) The budget estimate adopted under sub-section (1) shall be submitted to the Government not later than the last week of February preceding the year to which the budget estimate relates.
(3) The budget estimate received by the Government under sub-section (2), shall be returned to the Corporation before the 31st day of March after approval without any modification or with such modification as the Government may deem fit.
(4) The budget estimate shall be prepared in such manner and shall provide for all such matters as may be prescribed.
(1) On the recommendation of the Commissioner the Corporation may from time to time during the year -
(i) increase the amount of any budget grant under any head;
(ii) make an additional budget grant for the purpose of meeting any special or unforeseen requirement arising during the said year;
(iii) transfer the amount or portion of the amount of the budget grant under any head to the account of budget grant under any other head; or
(iv) reduce the amount of the budget grant under any head :
Provided that due regard shall be had to all the requirements of this Act and in making any increase or any additional budget grant the estimated cash balance at the close of the year shall not be reduced below the sum of one lakh rupees or such higher sum as the Corporation may determine in respect of each budget estimate.
(2) Every increase in a bud
(1) If at any time during the year it appears to the Corporation that, notwithstanding any reduction of budget grant that has been made under section 85, the income of the Corporation Fund during the same year will not suffice to meet the expenditure sanctioned in the budget estimate of that year and to leave at the close of the year, the cash balance specified or determined under the proviso to sub-section (1) of section 84, then it shall be incumbent on the Corporation to sanction forthwith any measures which it may consider necessary for adjusting that year's income to the expenditure.
(2) For the purpose of sub-section (1), the Corporation may either reduce the sanctioned expenditure of the year so far as it may be possible so to do with regard to all the requirements of the Act.
If the whole or any Part of any budget grant included in the budget estimates for a year remains unexpended at the close of that year, and the amount thereof has not been taken into account in the opening balance entered in the budget estimates of any of the next two following years, the Commissioner may sanction the expenditure of such budget grant or the unexpended portion thereof during the next two following years for the completion of the purpose or object for which the budget grant was originally made and not for any other purpose or object.
(1) The Corporation shall, for the purposes of this Act, levy the following taxes -
[(a) a property tax payable by the owner or occupier of building and land at the rates notified by the Government, from time to time depending upon the area in which the building or land is situated, its location, purpose for which it is used, its capacity for profitable use, quality of construction and other relevant factors;]
(b) [such other tax, at such rates as the Government may, by notification, in each case direct;]
(c) a duty on the transfer of immovable properties situated within the limits of the municipal area in addition to the duty imposed under the Indian Stamp Act, 1899, as in force for the time being in the State of Haryana, on every instrument of the description specified below and at such rate, as the Government may, by notification, direct, which shall not be less than one per centum and more than thr
Notwithstanding anything contained in this Act, every person liable to pay the property tax shall himself calculate the tax of the building or land according to the procedure notified in this regard, of which he is either owner or the occupier at the rates notified under clause (a) of sub-section (1) of section 87.
(1) On the basis of assessment made as per section 87A, the owner or occupier shall deposit the amount of property tax in the specified head of the Corporation as per the prescribed procedure on or before the date fixed by the authority and furnish a return in the prescribed form. The variation upto ten per cent on either side in the assessment made under section 87A shall be ignored. In cases where the variation is more than ten per cent, the owner or occupier of land or building, as the case may be, shall be liable to pay penalty equal to the amount of tax evaded subject to a minimum of rupees one hundred.
(2) Where any property tax has not been paid by the owner or occupier within the prescribed time, the authority shall serve notice on the person chargeable with the property tax, which has not been paid, requiring him to show cause why he should not pay the amount specified in the notice and the authority shall pass an appropriate order in t
In case of non-payment of property tax, the competent authority may impose a penalty equal to the amount of the tax assessed, subject to minimum of rupees one hundred and in case of late payment, interest at the rate of one and a half per centum per month from the date of default shall also be charged.
(1) Subject to the prior approval of the Government, the Corporation may in the manner prescribed levy a fee with regard to the following :-
(i) a fee on advertisements other than advertisements in the newspapers;
(ii) a fee on building applications;
(iii) development fee for providing and maintaining civic amenities in certain areas;
(iv) a fee with regard to lighting;
(v) a fee with regard to a scavenging;
(vi) a fee in the nature of costs for providing internal services in a building scheme or town planning schemes;
(vii) any other fee as deemed fit by the Corporation for services rendered.
(2) The rates at which and the conditions subject to which the fees as laid down in sub-section (1), may be levied by the Corporation, would be decided by the Government.
(1) Save as otherwise provided in this Act, taxes on lands and buildings in the Municipal area shall consist of the following, namely :-
(a) a water tax at such percentage of the rateable value of lands and buildings as the Government may deem reasonable for providing water supply in the Municipal area or in lieu thereof water charges of such rate as may be decided by the Government from time to time;
[(b) a fire tax;]
(c) [***]
Provided that the general tax may be levied on a graduated scale, if the Government so determines:
Provided further that the general tax would not be leviable on the lands and buildings within the Lal Dora of villages forming Part of the Municipal area provided they are self occupied.
(2) Notwithstanding anything contained in sub-section (1), the Government may exempt the certain classes or categories of persons
(1) Save as otherwise provided in this Act, the water tax shall be levied only in respect of lands and buildings :-
(a) to which a water supply is furnished from or which are connected by means of pipes with municipal water works; or
(b) which are situated in any portion of the Municipal area in which the Commissioner has given public notice that sufficient water is available from municipal water works for a reasonable supply to all the lands and buildings in the said portion.
(2) [***]
[-]
Notwithstanding anything contained in the foregoing provisions of this Chapter, lands and buildings being properties of the Union shall be exempted from the taxes on lands and buildings specified in section 89:
Provided that nothing in this section shall prevent the Corporation from levying any of the said taxes on such lands and buildings to which immediately before the 26th January, 1950, they were liable, or treated as liable, so long as that tax continues to be levied by the Corporation on other lands and buildings :
Provided further that nothing in this section, shall prevent the Corporation from charging the service charges in lieu of services rendered as per Government of India instructions.
(1) If any land the been let to a tenant and such tenant has erected building upon the land the tax on lands and buildings payable under clause (a) of sub-section (1) of section 87 in respect of that land and the building erected thereon, shall be primarily payable by the tenant. In case the tenant vacates the said building or land, it shall be the liability of the owner to pay the said tax.
Explanation. - The term 'tenant' includes any person deriving title to the land or building erected upon such land from the tenant whether by operation of law or by transfer inter vivos.
(2) The assessment, levy and payment of the tax on buildings and lands shall not in any way confer any right, title or interest in the property upon either the owner or the occupier and shall not be a proof of the fact that the building is an authorised one and further that any building or Part thereof which is erected in contravention of the existing b
If any building or land assessed to tax specified in clause (a) of sub-section (1) of section 87 is let or sub-let and amount of rent payable in respect thereof is less than the property tax, then the occupier shall be liable to pay the difference between the amount of the said property tax and the rent paid by him.
(1) On the failure to recover any sum due on account of taxes specified in section 89 in respect of any land or building from the person primarily liable therefor under section 93, the Commissioner shall in the prescribed manner recover from every occupier of such land or building by attachment of the rent payable by such occupier, a portion of the total sum due which bears, as nearly as may be, the same proportion to that sum as the rent annually payable by such occupier bears to the total amount of rent annually payable in respect of the whole of the land or building.
(2) An occupier from whom any sum is recovered under sub-section (1) shall be entitled to be reimbursed by the person primarily liable for the payment and may in addition to having recourse to other remedies that may be open to him, deduct the amount to be recovered from the amount of any rent from time to time becoming due from him to such person.
Taxes due under this Act in respect of any land or building shall subject to the prior payment of the land revenue, if any, due to the Government, be a first charge thereon.
Explanation. - The term 'taxes' in this section shall be deemed to include the costs of recovery thereof and the penalty, if any, payable as specified in the bye-laws.
Save as otherwise provided in this Act, each Corporation shall cause a property list of all lands and buildings in the municipal area to be prepared in such form and manner and containing such particulars with respect to each land and building, as may be prescribed.
[ - ]
(1) The Commissioner may, at any time, amend the [property list] -
(a) by inserting therein the name of any person whose name ought to be inserted; or
(b) by inserting therein any land or building previously omitted;
(c) by striking out of the name of any person not liable for the payment of taxes on lands and buildings;
(d) [***] or
(e) by making or cancelling any entry exempting any land or building from liability to any tax; or
(f) by altering the assessment on the land or building which has been erroneously valued or assessed through fraud, mistake or accident; or
(g) by inserting or altering an entry in respect of any erected, re- erected, altered or added to, after the preparation of [property list] :
Provided that no person shall by reason of any such amendment become liable to pay any t
It shall be at the discretion of the Corporation to prepare for the whole or any part of the municipality a new property list every year
(1) Whenever the title of any person primarily liable for the payment of taxes specified in section 89 on any land and buildings is transferred the persons whose title is transferred and the person to whom the same is transferred shall within three months after execution of the instrument of transfer or after its registration, if it is registered, or after the transfer is effected, if no instrument is executed, give notice of such transfer in writing to the Commissioner.
(2) In the event of the death of any person primarily liable as aforesaid, the person on whom the title of the deceased devolves, shall give notice of such devolution to the Commissioner within six months from the date of the death of the deceased.
(3) The notice to be given under this section shall be in such form as may be determined by bye-laws made under this Act, and the transferee or the other person on whom the title devolves shall, if so required, b
When any new building is erected or when any building is re-built or enlarged or when any building which has been vacant is re-occupied, the person primarily liable for the taxes specified in section 89 assessed on the building, shall give notice thereof in writing to the Commissioner within fifteen days from the date of its completion or occupation, whichever first occurs or, as the case may be, from the date of its enlargement or re-occupation; and the said taxes shall be assessable on the building from the said date.
(1) When any building or any portion of a building, which is liable to the payment of taxes specified in section 89 is demolished or removed, otherwise than by order of the Commissioner, the person primarily liable for the payment of the said taxes, shall give notice thereof in writing to the Commissioner.
(2) Until notice is given, by person as mentioned under sub-section (1), he shall continue to be liable to the payment of such taxes as he would have been liable to pay in respect of such building if the same or any portion thereof had not been demolished or removed.
(1) To enable the Commissioner to determine the [property tax] of any land or building and the person primarily liable for the payment of any taxes specified in section 89 leviable in respect thereof, the Commissioner may require the owner or occupier of such land or building, or of any portion thereof to furnish him within such reasonable period as the Commissioner fixes in this behalf, with information by such owner or occupier :-
(a) as to the name and place of residence of the owner or occupier or of both the owner and occupier of such land or building;
(b) as to the measurements of dimensions of such land or building or any portion thereof and the rent, if any, obtained for such land or building or any portion thereof; and
(c) as to the actual cost or other specified details connected with the determination of the value of such land or building.
(2) Every owner of occupier on
Notwithstanding that any land or building is owned by, or let to, two or more persons in severalty, the Commissioner shall for the purpose of assessing such land or building to taxes specified in section 89 treat the whole of it as one property :
Provided that the Commissioner may, in respect of any land or building which was originally treated as one property but which subsequently passes on by transfer, succession on in any other manner to two or more persons who divide the same into several Parts and occupy them in severalty, treat, subject to any bye-law made in this behalf each such several Parts, or two or more of such several Parts together, as a separate property and assess such Part or Parts to the said taxes accordingly.
If any land or building, bearing two or more municipal numbers, or portions thereof, be amalgamated into one or more new premises, the Commissioner shall on such amalgamation assign to them one or more numbers and assess them to taxes specified in section 89 accordingly :
Provided that the total assessment on amalgamation shall not be greater than the sum of the previous assessments of the several premises except when there is any re-valuation of any of the said premises.
The Commissioner may in his discretion assess any out-houses appurtenant to a building, or any portion of a land or building separately from such building or, as the case may be, from the rest of such land or building.
(1) The Commissioner may, if he thinks fit, employ one or more competent persons to give advice or assistance in connection with the valuation of any land or building, and any person so employed shall have power, at all reasonable times and after giving due notice, and on production, if so required, of authorisation in writing in that behalf from the Commissioner, to enter on, survey and value any land or building which the Commissioner may direct him to survey and value.
(2) No person shall wilfully delay or obstruct any such person in the exercise of any of his powers under this section.
[Section 109 omitted by Haryana Act No. 2 of 2000.]
[Section 110 omitted by Haryana Act No. 2 of 2000.]
[Omitted by Haryana Act No. 2 of 2000.]
[Omitted by Haryana Act No. 2 of 2000.]
[(1) In case of non payment of tax or of any toll on demand, the officer empowered to collect the same or any other officer duly authorised by the Government or the Corporation in this behalf, may seize any article on which the tax is chargeable or any vehicle or animal on which the toll is chargeable, or any Part of its burden of sufficient value to satisfy the demand.]
(2) The Corporation after the lapse of five days from the seizure and after the issue of a proclamation fixing the time and place of sale may cause any property so seized, or so much thereof, as may be necessary to be sold by auction to satisfy the demand with the expenses occasioned by the seizure, custody and sale thereof, unless the demand and expenses are in the meantime paid :
Provided that, by order of the Commissioner articles of a perishable nature which cannot be kept for five days without serious risk of damage may be sold after the lapse of such
(1) A tax under clause (b) of sub-section (2) of section 87 shall be levied at rates specified, from time to time by the Government in this behalf on -
(a) vehicles, other than motor vehicles, and other conveyances plying for hire and kept within the Municipal area;
(b) animals used for riding, driving, draught or load when kept within the Municipal area.
(2) A vehicle or animal kept outside the limits of the Municipal area but regularly used within such limits shall be deemed to be kept for use in the Municipal area.
The tax on vehicles or animals shall be leviable upon the owner of, or the persons having possession or control of, such vehicles or animals in respect of which the tax is leviable.
Provided that in the case of an animal generally used or employed in drawing any vehicle, the tax in respect of such animal, shall be leviable upon the owner of, or the persons having possession or control of, such vehicles, whether or not such animal is owned by such owner or person.
(1) The tax under clause (a) of sub-section (1) of section 114 shall not be leviable in respect of -
(a) vehicles belonging to the Corporation, Government or the Union of India;
(b) vehicles used exclusively for the conveyance free of charge of the injured, the sick or the dead;
(c) vehicles kept by bona fide dealers in vehicles merely for sale, and not for use.
(2) The tax under clause (b) of sub-section (1) of section 114 shall not be leviable in respect of animals belonging to the Corporation, Government or the Government of India.
The Corporation shall charge development tax on the increase in the value of the land or building comprised in a scheme put into operation within the Municipal area under Chapter XIX, but not actually required for the execution thereof.
(1) The development tax shall be an amount equal to one-half of the difference between the market value of the land or building on the date specified in the notification issued under sub-section (2) and the market value on such land or building on or immediately before the date on which the scheme after sanction is finally notified under Chapter XIX.
Provided that for the purpose of calculation under this section the land shall be treated as free of all buildings.
(2) The Government shall, by notification in the Official Gazette, declare the date on which scheme shall be deemed to have been completed.
Every owner of land or building mentioned in section 117 or any person having an interest therein in respect of the increase in the value of such land or building, shall in the manner hereinafter provided, pay to the Corporation such development tax as may be assessed by the Commissioner.
(1) The Commissioner or an officer authorised by him in this behalf shall at any time after the publication of the notification under sub-section (2) of section 118 assess the amount of development tax payable by the persons concerned and shall give a notice in writing to such person stating the amount of the tax and instalments, if any, and the dates on which the tax shall be paid together with such other Particulars as may be necessary.
(2) Any person on whom a notice of assessment is served under sub-section (1) may, within one month from the date of service of such notice file an objection against such assessment before the Commissioner or an officer authorised by him in this behalf :
Provided that an objection may be entertained after the expiry of the period of one month if the Commissioner or an officer authorised by him under sub- section (1) is satisfied that the failure to file objections was due to any cause beyo
(1) Every person, who erects, exhibits, fixes or retains upon or over any land, building, wall, boarding, frame, post or structure or upon or in any vehicle any advertisement or, who displays any advertisements to public view in any manner whatsoever, visible from a public street or public place (including any advertisement exhibited by mean of cinematograph) shall pay for every advertisement which is so erected, exhibited, fixed or retained or so displayed to public view, a fee calculated at such rates, as may, from time to time, be specified by the Government :
Provided that no fee shall be levied under this section on any advertisement which-
(a) appears in newspapers, relates to a public meeting, or to an election to Parliament or Legislative Assembly or the Corporation or to candidature in respect of such election; or
(b) is exhibited within the window of any building if the advertisement relates
(1) No advertisement shall be erected, exhibited, fixed or retained or upon or over any land, building, wall, boarding, frame, post or structure or upon in any vehicle or shall be displayed in any manner whatsoever in any place within the Municipal area without the written permission of the Commissioner granted in accordance with bye-laws made under this Act.
(2) The Commissioner shall not grant such permission, if -
(a) the advertisement contravenes any bye-law made under this Act; or
(b) the fee, if any, due in respect of the advertisement has not been paid.
(3) Subject to the provisions of sub-section (2) in the case of an advertisement liable to the advertisement fee, the Commissioner shall grant permission for the period to which the payment of the fee relates and no fee shall be charged in respect of such permission.
The permission granted under section 122 shall become void in the following cases, namely:-
(a) if the advertisement contravenes any bye-law made under this Act;
(b) if any material change is made in the advertisement or any Part thereof without the previous permission of the Commissioner;
(c) if the advertisement or any Part thereof falls otherwise than through accident;
(d) if any addition or alteration is made to, or in the building, walls, boarding, frame, post or structure upon or over which the advertisement is erected, exhibited, fixed or retained if such addition or alteration involves the disturbance of the advertisement or any Part thereof; and
(e) if the building, wall, boarding, frame, post or structure over which the advertisement is erected, exhibited, fixed or retained is demolished or destroyed.
Where any advertisement has been erected, exhibited, fixed or retained upon or over any land, building, wall, boarding, frame, post or structure or upon or in any vehicle or displayed to public view from a public street or public place in contravention of the provisions of this Act or any bye-laws made thereunder, it shall be presumed, unless and until contrary is proved, that the contravention has been committed by the person or the persons on whose behalf the advertisement purports to be or the agents of such person or persons.
If any advertisement is erected, exhibited, fixed or retained in contravention of the provisions of section 122, the Commissioner may require the owner or occupier of the land, building, wall, boarding, frame, post or structure or vehicle upon or over or in which the same is erected, exhibited, fixed or retained, to take down or remove such advertisement or may enter any land, building, property or vehicle and have the advertisement dismantled, taken down or removed or spoiled, defaced or screened.
Every person who makes an application to the Commissioner for the sanction of a building plan shall pay along with the application, fee at such rate as may, from time to time, be specified by the Government.
Save as otherwise provided in this Act, any tax or fee levied under this Act, shall be payable on such dates, in such number of instalments and in such manner as may be determined by bye-laws in this behalf:
Provided that if the tax or fee is not paid within one month of the due date, an interest at the rate of [one and a half per centum] per month shall be charged for every calendar month or Part thereof.
(1) When any tax or fee has become due, the Commissioner shall cause to be presented to the person liable for the payment thereof, a bill for the amount due :
Provided that no such bill shall be necessary in the case of -
(a) tax on vehicles and animals;
(b) show-tax.
[(c) property tax.]
(2) Every such bill which shall be in the prescribed form shall for the purposes of this Act be considered a notice of demand and shall specify the Particulars of the tax or fee and the period for which the charge is made.
(3) If the amount specified in the bill is paid within a period of fifteen days from the presentation thereof, a rebate of [ten] per cent shall be allowed in the amount of tax or fee:
[Provided that no rebate shall be allowed in case of property tax.]
(4) If the tax on vehicles and animals or
If the person liable for the payment of any tax or fee does not within thirty days from the service of the notice of demand under sub-section (2) or sub-section (3) of section 128, pay the same, the tax or fee together with the costs of recovery shall be recoverable in the manner provided hereinafter.
Any sum due on account of tax or fee payable under this Act may be recovered, together with costs of recovery, by all or any of the following processes, in the manner prescribed -
(i) as arrears of land revenue;
(ii) by distraint and sale of a defaulter's movable property;
(iii) by the attachment and sale of a defaulter's immovable property;
(iv) in the case of octroi and toll, by the seizure and sale of goods and vehicles;
(v) in the case of taxes on lands and buildings by the attachment of rent due in respect of the property; and
(vi) by a suit.
(1) If the tax on any vehicle or animal is not paid, then instead of proceeding against the defaulter by distraint and sale of his other movable property, the Commissioner may, at any time after the tax has become due, seize and detain the vehicle or animal or both, and if the owner or other person entitled thereto does not within seven days in respect of vehicle and two days in respect of an animal from the date of such seizure and detention, claim the same and pay the tax due together with the charges incurred in connection with the seizure and detention, the Commissioner may cause the same to be sold and apply the proceeds of the sale or such Part thereof as is required in the discharge of the sum due and the charges incurred as aforesaid.
(2) The surplus, if any, remaining after the application of the sale proceeds under sub-section (1) shall, immediately after the sale of the property, be credited to the Corporation Fund and notice of such
If any building is wholly or Partly demolished or destroyed or otherwise deprived of value, the Commissioner may, on the application in writing of the owner or occupier, remit or refund such portion of any tax assessed on the rateable value thereof as he thinks fit.
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(1) An appeal against the levy or assessment of any tax under this Act, shall lie to the Divisional Commissioner, and every such appeal shall subject to the provisions of this Act, be received, heard and disposed of by him.
(2) In every repeal, the costs shall be in the discretion of the appellate authority.
(3) Costs awarded under this section to the Corporation shall be recoverable by the Corporation as an arrears of tax due from the appellant.
(4) If the Corporation fails to pay any costs awarded to an appellant within ten days after the date of the order for payment thereof, the appellate authority may order the Commissioner to pay the amount to the appellant.
No appeal shall be entertained under section 138 unless the amount, if any, in dispute in the appeal has been deposited by the appellant in the office of the Corporation.
Any person aggrieved by an order passed in appeal under section 138 may, within thirty days of the communication to him of such order, make an application in writing to the Government for revision against the said order and the Government may confirm, alter or rescind the said order :
Provided that the Government shall not pass an order under this section prejudicial to any person without giving such person a reasonable opportunity of being heard.
(1) No objection shall be taken to any valuation or assessment, nor shall the liability of any person to be assessed or taxed be questioned in any other manner or by any other authority otherwise than as provided in this Act.
(2) No refund of any tax shall be claimable by any person otherwise than in accordance with the provisions of this Act and the rules made thereunder.
(1) The Commissioner or any other person authorised by him in this behalf, may without giving any previous notice, enter upon and make an inspection of -
(a) any land or building for the purpose of determining the rateable value of such land or building;
(b) any stable, garage, or coach house or any place wherein he may have reason to believe that there is any vehicle or animal liable to a tax or fee under this Act;
(c) any place or premises which he has reason to believe are being used or are about to be used for any performance or show in respect of which the show-tax is payable or would be payable; or
(d) any land, building or vehicle in or upon which any advertisement liable to fee under this Act is exhibited or displayed.
(2) The Commissioner may, by written summons, require the attendance before him of any person whom he has reason to believe to be liab
(1) Subject to the rules made in this behalf, the Commissioner may, with the previous sanction of the Corporation, allow any person to compound any tax for a period not exceeding one year at a time.
(2) Every sum due by reason of the composition of a tax under sub-section (1) shall be recovered as an arrears of tax under this Act.
(1) The Commissioner may write off any sum due on account of any tax or of the costs of recovering any tax if such sum is, in his opinion, irrecoverable:
Provided that no sum exceeding one thousand rupees shall be written off in favour of any one person without the previous sanction of the Corporation.
(2) The Commissioner shall report to the Corporation every case in which any sum has been written off under sub-section (1).
(1) The Commissioner may, by written notice, call upon any person in the Municipal area to furnish such information as may be necessary for the purpose of a ascertaining -
(a) whether such inhabitant is liable to pay any tax or fee imposed by the Corporation under this Act;
(b) at what amount he should be assessed; or
(c) the [***] value of the land or building which he occupies and the name and address of the owner or lessee thereof.
(2) If any person when called upon under sub-section (1) to furnish information neglects to furnish it within the period specified in this behalf by the Commissioner or furnishes information which is not true to the best of his knowledge or belief, he shall be liable, in addition to any penalty which may be imposed under this Act, to be assessed at such amount on account of tax or fee as the Commissioner may deem proper.
(1) The authority may at any time amend the property list by inserting the name of any person whose name ought to have been or ought to be inserted, or by inserting any property which ought to have been or ought to be inserted, or by altering the details of any property which has been erroneously valued or assessed through fraud, accident or mistake, whether on the part of the authority or of the assessee, or in the case of a tax payable by the owner or the occupier by a change in the tenancy, after giving notice to any person affected by the amendment of a time, not less than one month from the date of service, at which the amendment is to be made.
Explanation. - For the purposes of this sub-section, the authority means the Zonal Taxation Officer or any officer authorized by the Commissioner of Municipal Corporation.
(2) Any person interested in any such amendment may tender his objection to the Corporation in writing befo
No assessment and no charge or demand on account of any tax shall be impeached or affected by reason only of any mistake in the name, residence, place of business or occupation of any person liable to pay the tax or in the description of the property or thing, or of any mistake in the amount of the assessment, charge or demand, or by reason only of clerical error or other defect of form, if the directions contained in this Act, and the bye-laws made thereunder have in substance and effect been complied with; and it shall be enough in the case of any such tax on property or any assessment of value for the purpose of any such tax, if the property taxed or assessed is so described as to be generally known, and it shall not be necessary to name the owner or occupier thereof.
The Corporation may, by resolution passed in this behalf, exempt, in whole or in Part for any period not exceeding one year from the payment of any tax, any person who by reason of poverty may in its opinion, be unable to pay the same, and may renew such exemption as often as may be necessary.
(1) The Government may by order exempt in whole or in Part from the payment of any tax any person or class of persons or any property or description of property.
(2) If at any time it appears to the Government, on complaint made or otherwise, that any tax imposed is unfair in its incidence or that the levy thereof or of any Part thereof is injurious to the interests of the general public, it may require the Corporation to take within a specified period, measures to remove the objections; and, if within that period the requirement is not complied with to the satisfaction of the Government, the Government may, by notification suspend the levy of the tax or such Part thereof until the objection has been removed.
(1) The Corporation may, in pursuance of any resolution passed by it, borrow by way of debenture or otherwise on the security of any immovable property vested in it or proposed to be acquired by it or of all or any of the taxes, rates, ceses, fees and charges authorised by or under this Act, or from public financial institutions, any sums of money which may be required -
(a) for acquiring any land which it has power to acquire;
(b) for erecting any building which it has power to erect;
(c) for the execution of any permanent work, the provision of any plant, or the doing of any other thing which it has power to execute, provide or do, if the cost of carrying out the purpose in question ought to be spread over a term of years;
(d) to pay off any debt due to the Government;
(e) to repay a loan previously raised under this Act or any other Act previously in force
The time for the repayment of any money borrowed under section 150 shall in no case exceed sixty years and the time for repayment of any money borrowed for the purpose of discharging any previous loan shall not, except with the express sanction of the Government, extend beyond the unexpired portion of the period for which such previous loan was sanctioned.
All debentures issued under this Chapter shall be in such form as the Corporation may, with the previous sanction of the Government, determine and shall be transferable in such manner as shall be expressed, therein, and the right to sue in respect of the money secured by any of such debentures shall vest in the holders thereof for the time being without any preference by reason of some of such debentures being prior in date to others.
When any debenture or security issued under this Act is payable to two or more persons jointly and either or any of them dies, then notwithstanding anything contained in section 45 of the Indian Contract Act, 1872, the debenture or security shall be payable to the survivors of such person :
Provided that nothing in this section shall affect any claim by the legal representative of a deceased person against such survivor or survivors.
When two or more persons are joint holders of any debenture or security issued under this Act, any one of such persons may give an effectual receipt for any interest or dividend payable in respect of such debenture or security, unless notice to the contrary has been given to the Corporation by the other persons.
(1) The Corporation shall maintain sinking funds for the repayment of money borrowed on debentures issued and shall pay every year into such sinking funds such sum as will be sufficient for the repayment within the period fixed for the loan of all moneys borrowed on the debentures issued.
(2) All moneys paid into the sinking funds shall, as soon as possible, be invested by the Commissioner in public securities and every such investment shall be reported by the Commissioner to the Corporation within fifteen days.
(3) All dividends and other sums received in respect of any such investment shall, as soon as possible after receipt, be paid into the sinking funds and invested in the manner laid down in sub-section (2).
(4) Any investment made under this section may, subject to the provisions of sub-section (2), be varied or transposed.
A sinking fund or any Part thereof shall be applied in or towards the discharge of loan or a Part of the loan for which such fund was created, and until such loan or Part is wholly discharged shall not be applied for any other purpose.
(1) The Commissioner shall, at the end of every year, submit to the Corporation a statement showing, -
(a) the amount which has been invested during the year under section 155;
(b) the date of the last investment made previous to the submission of the statement;
(c) the aggregate amount of the securities then in his hand; and
(d) the aggregate amount which has up to the date of the statement been applied under section 156, in or towards discharging loans.
(2) A copy of every such statement shall also be submitted to the Government.
All payments due from the Corporation on account of interest and repayment of loans shall be made in priority to all other payments due from the Corporation.
(1) If any money borrowed or deemed to have been borrowed by the Corporation from the Government or any interest or costs due in respect thereof be not repaid according to the conditions of the loan, the Government may attach the Corporation Fund or any Part thereof.
(2) After such attachment no person except an officer appointed in this behalf by the Government shall in any way deal with the attached fund; but such officer may do all acts in respect thereof which any Corporation authority, officer or other employee might have done if such attachment had not taken place and may apply the proceeds in satisfaction of the arrears and of all interests and costs due in respect thereof and of all expenses caused by the attachment and subsequent proceedings:
Provided that no such attachment shall defeat or prejudice any debt for which the fund was previously charged in accordance with law; and all such prior charges shall be paid
The Corporation may make regulations to carry out the purposes of this Chapter including, in Particular, the issue of duplicate in case of loss of debentures by theft, destruction or otherwise, and renewal of debentures on payment of fees prescribed in this behalf by such regulations.
(1) Subject to any special reservation made or to any special conditions imposed by the Government, all property of the nature hereinafter in this section specified and situated within the Municipal area, shall vest in and be under the control of the Corporation, and with all other property, which vests in the Corporation by virtue of the provisions of this Act or any other law for the time being in force, shall be held and applied by it for the purposes of this Act, that is to say,-
(a) all such public town, walls, gates, markets, stalls, slaughter houses, manure and depots and public buildings of every description as have been constructed or are maintained out of the Corporation Funds;
(b) all public streams, springs and works for the supply, storage and distribution of water for public purposes, and all bridges, buildings, engines, materials and things connected therewith or appertaining thereto, and also any adjacent la
When any land, whether within or without the limits of the Corporation is required for the purposes of this Act the Commissioner shall request the Government to acquire it under the provisions of the Land Acquisition Act, 1894.
Whenever a request is received by the Government, the Government shall acquire the land under the provisions of the Land Acquisition Act, 1894, on payment of compensation by the Corporation awarded under that Act and of the charges incurred by the Government in connection with the proceedings, whereafter the land shall vest in the Corporation.
With respect to the disposal of property belonging to the Corporation, the following provisions shall have effect, namely :-
(a) the Commissioner may, -
(i) dispose of by sale or otherwise, any movable property belonging to the Corporation the value of which does not exceed twenty thousand rupees;
(ii) grant a lease not exceeding a period of 10 years, of any immovable property belonging to the Corporation; or
(iii) sell or grant a lease in perpetuity of any immovable property belonging to the Corporation the value of which does not exceed twenty thousand rupees or the annual rent of which does not exceed ten thousand rupees;
(b) in cases not covered by clause (a) the Commissioner may, with the sanction of the Government on recommendation of the Corporation, lease, let out on hire or otherwise transfer any property movable or immovable belonging to the Corpora
(1) Subject to the provisions of section 166 the Corporation shall be competent to enter into and perform any contract necessary for the purposes of this Act.
(2) The contracts by the Corporation under this Act would be made in the manner prescribed.
With respect to the making of contracts, the following provisions shall have effect, namely :-
(a) every such contract shall be made on behalf of the Corporation by the Commissioner ;
(b) no such contract, for any purpose which in accordance with any provision of this Act the Commissioner may not carry out without the approval or sanction of the Corporation, shall be made by him until and unless such approval or sanction has been duly obtained;
[(c) every contract involving an expenditure not exceeding twenty lac rupees in value or such other higher amount as the Government may fix, may be made by the Commissioner;]
(d) no contract, other than a contract falling under clause (c) shall be valid unless the same has been made with the prior approval of the Corporation:
Provided that contracts exceeding [Rs. 50 lacs] in value or such other higher amount as the Go
(1) The mode of executing contracts under this Act shall be prescribed by bye-laws made in this behalf.
(2) No contract which is not made in accordance with the provisions of this Act and the bye-laws made thereunder shall be binding on the Corporation.
(1) There shall be kept in such manner and in such form as may be prescribed by regulations accounts of receipts and expenditure of the Corporation.
(2) Till regulations as mentioned in sub-section (1) are framed, the provisions of the Municipal Account Code, 1930, presently in force in respect of the Municipal Committees shall be applicable.
(3) The Examiner, Local Fund Accounts, Haryana, shall conduct day to day examination and audit of the Corporation accounts and shall furnish monthly report thereon to the Corporation who shall publish monthly an abstract of the receipts and expenditure of the month last preceding, signed by the Mayor or in his absence by the Senior Deputy Mayor or in the absence of both by the Deputy Mayor and by the Examiner, Local Fund Accounts, Haryana.
(4) For the purpose of examination and audit of the Corporation accounts the Examiner, Local Fund Accounts, Haryana shall have
(1) The Examiner, Local Fund Accounts, Haryana shall -
(a) report to the Corporation any material impropriety or irregularity which he may at any time observe in the expenditure or in the recovery of moneys due to the Corporation or in the Corporation accounts;
(b) furnish to the Corporation such information as it may from time to require concerning progress of the audit.
(2) On receipt of the report under sub-section (1) the Corporation shall take such action thereon as may be deemed necessary.
(3) As soon as may be after the commencement of each year, the Examiner, Local Fund Accounts, Haryana shall deliver to the Corporation, a report of the entire Corporation accounts for the previous year.
(4) The Commissioner shall cause the said report to be printed and shall forward as soon as may be a printed copy thereof to each member.
(1) The Commissioner shall, as soon as may be, remedy defects or irregularities, if any, pointed out in the said report and shall also forward without delay to the Government so many copies of the said report as may be required by the Government with a brief statement of the action, if any taken or proposed to be taken thereon.
(2) If there is a difference of opinion between the Examiner, Local Fund Accounts, Haryana and the Commissioner or if the Commissioner does not remedy the defects or regularities pointed out in the report within a reasonable period the Examiner shall refer the matter to the Secretary, Local Government DePartment whose decision shall be final and binding.
(1) The Examiner, Local Fund Accounts, Haryana shall audit the accounts of the Corporation with the assistance of officers and other employees subordinate to him.
(2) In the discharge of his functions under this section, the Examiner, Local Fund Accounts, Haryana, shall -
(a) audit the accounts of expenditure of the Corporation and shall ascertain whether moneys shown therein as having been disbursed were legally available for, and applicable to the service or purpose to which they have been applied or charged, and whether the expenditure conforms to the authority which governs it;
(b) audit the accounts of debt, deposits, sinking funds, advances, suspense and remittance transactions of the Corporation and report upon the accounts and upon the results of verification of the balances relating thereto.
(3) The Examiner, Local Fund Accounts, Haryana shall examine and audit the statem
(1) The Examiner, Local Fund Accounts, Haryana may make such queries and observations in relation to and of the accounts of the Corporation which he is required to audit and call for such vouchers, statements, returns and explanations in relation to such accounts as he may think fit.
(2) Every such query or observation as aforesaid shall be promptly taken into consideration by the officer or authority to whom it may be addressed and returned without delay with the necessary vouchers, documents or explanations to the Examiner, Local Fund Accounts, Haryana.
(3) The powers of the Examiner, Local Fund Accounts, Haryana with regard to the disapproval of, and the procedure with regard to the settlement of objections to the expenditure from the revenues of the Corporation shall be such as may be prescribed in consultation with the Examiner, Local Fund Accounts, Haryana and the Corporation.
(4) If the Examiner
In this Chapter, unless the context otherwise requires, the following words and expressions in relation to water supply shall have the respective meanings given below, namely :-
(1) "Communication pipe" means -
(a) where the premises supplied with water abut on the Part of the street in which the main is laid, and the service pipe enters those premises otherwise than through the outer wall of a building on the street and has a stopcock placed in those premises and as near to the boundary of that street as is reasonably practicable, so much of the service pipe as lies between the main and that stopcock.
(b) in any other case, so much of the service pipe as lies between the main and the boundary of the street in which the main is laid, and includes the ferrule at the junction of the service pipe with the main, and also -
(i) where the communication pipe ends at a stopcock that stopc
The Government may require the Corporation to -
(a) carry out a survey of the existing consumption of and demand for water supplies in the Municipal area and of the water resources in or available for the Municipal area;
(b) prepare an estimate of the future water supply requirements of the Municipal area;
(c) carry out a survey of the existing quality of sewage disposed of and the manner in which it is disposed of;
(d) formulate proposals as to -
(i) the existing or future sewage disposal requirements of the Municipal area;
(ii) the existing or future sewage disposal requirements in the Municipal area including proposals for the manner in which and the place or places at which such sewage should be carried, treated and disposed of.
If the Corporation is of the opinion that the works and other properties for the time being vested in it for the purpose of water supply, drainage and sewage disposal are inadequate for the purpose of sufficient supply of water or for the purpose of proper drainage and efficient disposal of sewage under this Act, it may take steps in accordance with the provisions of this Act for the construction of additional works, whether within or outside the limits of the Corporation and for the acquisition of additional properties for such works.
(1) It shall be the duty of the Corporation to take steps from time to time -
(a) for ascertaining the sufficiency and wholesomeness of water supplies within the Municipal area;
(b) for providing a supply of wholesome water in pipes to every Part of the Municipal area in which there are houses, for the domestic purpose of the occupants thereof, and for taking pipes affording that supply to such point or points as will enable the houses to be connected thereto at a reasonable cost, so, however, that this clause shall not require the Corporation to do anything which is not practicable at a reasonable cost or to provide such supply to any Part of Municipal area where such a supply is already available at such point or points aforesaid;
(c) for providing, as far as possible, a supply of wholesome water otherwise than in pipes to every Part of the Municipal area in which there are houses, for the domestic p
(1) The Commissioner may, on application by the owner of any building, arrange for supplying water from the nearest main to such building for domestic purposes in such quantities as he deems reasonable, and may at any time limit the amount of water to be supplied whenever he considers necessary.
(2) A Part from the charges for the domestic supply at rates as may be fixed by the Government, additional charges will be payable for the following supplies of water:-
(a) for animals or for washing vehicles where such animals or vehicles are kept for sale or hire;
(b) for any trade, manufacture or business;
(c) for fountains, swimming baths, or for any ornamental or mechanical purposes;
(d) for gardens or for purposes of irrigation;
(e) for watering roads and paths;
(f) for building purposes.
(1) The Commissioner may supply water for any purpose other than a domestic purpose on such terms and conditions consistent with this Act and the bye-laws made thereunder as may be laid down in this behalf by the Corporation in receiving a written application specifying the purpose for which the supply is required and the quantity likely to be consumed.
(2) The Commissioner may withdraw such supply at any time if it should appear necessary to do so in order to maintain a sufficient supply of water for domestic purposes.
(1) Where an application under section 177 or section 178 has been received, all necessary communication pipes and fittings and be supplied by the Corporation and the work of laying and applying such communication pipes and fittings shall be executed by Corporation agency under the orders of the Commissioner, but the cost of making any such connection and of all communication pipes and fittings so supplied and of all works so executed, shall be paid by the owner or the person making such application. The Corporation may either provide a meter and charge rent for the same or may require the owner or applicant to provide a meter of such size, material and description as it shall approve.
(2) Notwithstanding anything contained in sub-section (1), the Commissioner may require any owner or person applying for a supply of water to provide all communication pipes and fittings and to carry out at his own cost under his supervision and inspection all the
Any owner or occupier of any building or land in or on which water supplied under this Act is misused from negligence or other circumstances under his control or used without permission in excess of the quantity fixed under section 177 or section 178 or in which the pipes, mains or other works are out of repair to such an extent as to cause waste of water, shall, if he has knowledge thereof, be bound to give notice of the same to such officer as the Corporation may appoint in this behalf.
If any person whose premises are supplied with water, neglects to pay the water-tax or any sum payable, under section 177 or section 178 when due, or to give notice as provided in the last preceding section, or wilfully or negligently misuses or causes waste of water, the Corporation may cut off the supply of water from the said premises.
It not be lawful for the owner of any premises which may be newly constructed or reconstructed within any portion of the Municipal area, in respect of which the Commissioner has given public notice under clause (b) of section 90, to occupy it or cause or permit it to be occupied until he has obtained a certificate from the Commissioner that there is provided within, or within a reasonable distance of the premises, such supply of wholesome water as appears to the Commissioner to be adequate for the person who may occupy, or be employed in, such premises for their domestic purposes.
(1) The Commissioner may, the approval of the Corporation, may provide gratuitous supply of wholesome water to the public within the municipal area and may, for that purpose, erect public hydrants or other convenience.
(2) The Commissioner may, with like approval, close a public hydrant or other convenience when it is no longer required for the supply of wholesome water to the public.
(1) The Commissioner may lay a main whether within or outside the limits of the Corporation -
(a) in any street; and
(b) with the consent of every owner and occupier of any land not forming Part of a street, in, over or on that land, and may, from time to time in respect, repair, alter or renew or may at any time remove any main so laid whether by virtue or this section or otherwise:
Provided that where a consent required for the purpose of this sub- section is withheld, the Commissioner may, after giving the owner of occupier of the land a written notice of his intention so to do, lay the main in, over or on that land even without such consent.
(2) Where the Commissioner, in exercise of the powers under this section lays a main, in, over or on any land not forming Part of a street or inspects, repairs, alters, renews or removes a main so laid down in, over or on any such land, he
(1) The Commissioner may, in any street, whether within or outside the limits of the Corporation, lay such service pipes with such stop cocks and other water fittings as he may deem necessary for supplying water to premises and may, from time to time, inspect, repair, alter or renew and may, at any time, remove any service pipe laid in a street whether by virtue of this section or otherwise.
(2) Where a service pipe has been lawfully laid in, over or on the land not forming Part of a street the Commissioner may, from time to time, enter upon that land and inspect, repair, alter, renew or remove the pipe or a lay a new pipe in substitution thereof but shall pay compensation for any damage done in the course of such action.
(1) The Commissioner shall fix hydrants on water mains (other than trunk mains) at such places as may be most convenient for affording supply of water for extinguishing any fire which may break out and shall keep in good order and from time to time renew every such hydrant.
(2) To denote the situation of every hydrant placed under this section, letters, marks or figures shall be displayed prominently on some wall, building or other structure near such hydrant.
(3) As soon as any such hydrant is completed, the Commissioner shall deposit a key thereof at each place where a public fire engine is kept and in such other places as he deems necessary.
(4) The Commissioner may, at the request and expense of the owner or occupier of any factory, workshop, trade, premises or place of business, situated in or near a street in which a pipe is laid (and not being a trunk main and being of sufficient dimensions to c
The owner of every premises connected with the Corporation water works shall, when so required by the Commissioner, set up electric pumps or other contrivances whereby water may be caused to reach to the top of the top most storey of such premises.
The Commissioner or any Corporation officer authorised by the Commissioner in writing may, between sunrise and sunset, enter any premises supplied with water by the Corporation in order to examine if there be any waste or misuse of such water and the Commissioner or such officer shall not be refused admittance to the premises nor shall be obstructed by any person in making his examination.
The Commissioner may test any water fittings used in connection with water supplied by the Corporation.
(1) If the Commissioner is of opinion that the water in or obtained from any well, tank or other source of supply not vested in the Corporation, being water which is or if likely to be used for domestic purposes, or for the preparation of food or drink for human consumption, or is likely to become so polluted as to be prejudicial to health, the Commissioner may after giving the owner or occupier of the premises in which the source of supply is situated a reasonable opportunity of being heard, by order direct that the source of supply be permanently or temporarily closed or cut off or the water therefrom be used for certain purposes only or make such order as appears to him necessary to prevent injury or danger to the health of persons using the water or consuming food or drink prepared therewith or therefrom.
(2) Before making any order under this section, the Commissioner may cause the water to be analysed at the cost of the Corporation.
(1) No water pipes shall be laid in a drain or on the surface of an open channel or house gully or within six metres of a cesspool or in any position where the pipe is likely to be injured or the water therein polluted; and no well or tank except with the consent of the Commissioner and no cistern shall be constructed within six meters of a latrine or cesspool.
(2) No latrine or cesspool shall be constructed or made within six meters of any well, tank, water pipe or cistern or in any position where the pipe, well, tank or cistern is likely to be injured or the water therein polluted.
If any offence relating to water supply is committed under this Act in any premises connected with the Corporation water works, the owner, the person primarily liable for the payment of the water tax, and the occupiers of the said premises shall be jointly and severally liable for such offence.
(1) All public drains, all drains in, along side or under any public street, and all sewage disposal works whether constructed out of the Corporation Fund or otherwise, and all works, materials and things pertaining thereto which are situated in the Municipal area shall vest in the Corporation.
(2) All public and other drains which are vested in the Corporation are hereafter in this Act referred to as Corporation drains.
(3) For the proposes of enlarging, deepening or otherwise repairing or maintaining any such drain or sewage disposal work so much of the sub-soil pertaining thereto as may be necessary for the said purposes shall also be deemed to vest in the Corporation.
(4) All drains and ventilation-shafts, pipes and all appliances and fittings connected with the drains works constructed, erected or set up out of the Corporation Fund in or upon premises not belonging to the Corporation, whether -
(1) All Corporation drains, all sewage disposal works and works materials and things appertaining thereto shall be under the control of the Commissioner.
(2) The Commissioner shall maintain and keep in repair all municipal drains and sewage disposal works and when authorised by the Corporation in this behalf, shall construct as many new drains and sewage disposal works as may from time to time be necessary for effectual drainage and sewage disposal.
No person shall throw, empty or turn into any Corporation drain or into any drain communicating with a Corporation drain -
(a) any matter likely to injure the drain or to interfere with the free flow of its contents, or to affect prejudicially the treatment and disposal of its contents; or
(b) any chemical, refuse or waste steam, or any liquid of a temperature higher than forty-five degrees celsius being refuse or steam which, or a liquid which when so heated, is, either alone or in combination with the contents of the drain, dangerous or the cause of nuisance, or prejudicial to health; or
(c) any dangerous petroleum.
Explanation. - In this section the expression "dangerous petroleum" has the same meaning as is assigned in the Petroleum Act, 1934 (Central Act 30 of 1934).
(1) Subject to such conditions as may be prescribed by bye-laws made in this behalf, the owner or occupier of any premises having a private drain, or the owner of any private drain within the Municipal area may apply to the Commissioner to have his drain made to communicate with the drains and thereby to discharge foul water and surface water from those premises or that private drain :
Provided that nothing in this sub-section shall entitle any person -
(a) to discharge directly or indirectly into any Corporation drain -
(i) any trade effluent from any trade premises except in accordance with bye-laws made in this behalf; or
(ii) any liquid or other matter the discharge of which into Corporation drains is prohibited by or under this Act or any other law; or
(b) where separate Corporation drains are provided for foul water and for surface water to discharge di
(1) Where any premises are, in the opinion of the Commissioner, without sufficient means of effectual drainage and a municipal drain or some place approved by the Commissioner for the discharge of filth and other polluted and obnoxious matter is situated at a distance of not exceeding thirty metres from any Part of the said premises, he may by written notice, require the owner of the said premises -
(a) to make a drain emptying into such Corporation drain or place;
(b) to provide and set up all such appliances and fittings as may appear to the Commissioner necessary for the purpose of gathering and receiving the filth and other polluted and obnoxious matter from, and conveying the same off, the said premises and of effectually flushing such drain and every fixture connected therewith;
(c) to remove any existing drain or other appliance or thing used or intended to be used for drainage which is injuriou
(1) It shall not be lawful to erect or to re-erect any premises in the municipal area or to occupy any such premises, unless -
(a) a drain be constructed of such size, materials, and with such fall as shall appear to the Commissioner to be necessary for the effectual drainage of such premises;
(b) there have been provided and set up on such premises, such appliances and fittings as may appear to the Commissioner to be necessary for the purpose of gathering or receiving the filth and other pollutted and obnoxious matter from, and conveying the same off, the said premises and of effectually flushing the drain of the said premises and every fixture connected therewith.
(2) The drain so constructed shall empty into a Corporation drain situated at a distance of not exceeding thirty meters from the premises, but if no Corporation drain is situated within that distance then such drain shall empty into a cossp
(1) If it appears to the Commissioner that any group or block of premises may be drained more economically or advantageously in combination than separately, and a Corporation drain of sufficient size already exists or is about to be constructed within thirty meters of any Part of that group or block of premises, the Commissioner may cause that group or block of premises, to be detained by a combined operation.
(2) The expenses incurred in carrying out any work under sub-section (1) in resect of any group or block of premises shall be paid by the owners of such premises in such proportion as the Commissioner may determine and shall be recoverable from them as an arrear of tax under this Act.
(3) Not less than fifteen days before any such work is commenced, the Commissioner shall give to each such owner -
(a) written notice of the nature of the proposed work; and
(b) an estimate of
Where a drain connecting any premises with a Corporation drain is sufficient for the effectual drainage of such premises and is otherwise un-objectionable but is not in the opinion of the Commissioner, adapted to the general system of drainage in the Municipal area, he may by written notice addressed to the owner of the premises, direct -
(a) that such drain be closed, discontinued or destroyed and that any work necessary for that purpose be done; or
(b) that such drain shall, from such date as may be specified in the notice in this behalf, be used for filth and polluted water only or for rain water and unpolluted sub-soil water only :
Provided that -
(i) no drain may be closed, discontinued or destroyed by the Commissioner under clause (a) except on condition of his providing another drain equally effectual for the drainage of the premises and communicating with any Corporation d
(1) Where the Commissioner either on receipt of an application from the owner of any premises or otherwise is of opinion that the only or the most convenient means of effectual drainage of the premises into Corporation drain is through a drain belonging to another person, the Commissioner may, by notice in writing, require the owner of such drain to show cause within a period specified in the notice as to why an order under this section should not be made.
(2) Where no cause is shown within the specified period or the cause shown appears to the Commissioner invalid or insufficient, the Commissioner may, by order in writing, either authorise the owner of the premises to use the drain or declare him to be joint owner therof.
(3) An order made under sub-section (2) may contain directions as to -
(a) the payment of rent or compensation by the owner of the premises;
(b) the constructio
Wherever it is provided in this Chapter that steps shall or may be taken for the effectual drainage of any premises, it shall be competent for the Commissioner to require that there shall be one drain for filth and polluted water and an entirely distinct drain for rain water and unpolluted sub-oil water or both rain water and unpolluted sub-soil water, each emptying into separate Corporation drains or other suitable places.
For the purpose of efficient drainage of any premises, the Commissioner may by notice in writing -
(a) require any courtyard, alley or passage between two or more buildings to be paved by the owner for owners of such buildings, with such materials and in such manner as may be approved by the Commissioner; or
(b) require such paving to be kept in proper repair.
The Commissioner may cause any or all of the Corporation drains to empty into and all sewage to be disposed of at such place or places as he considers suitable :
Provided that no place which has not been before the commencement of this Act used for any of the purposes specified in this section, shall after such commencement be used therefor without the approval of the Corporation :
Provided further that on and after such date as may be appointed by the Government in this behalf no sewage shall be discharged into any water- course until it has been so treated as not to affect prejudicially the purity and quality of the water into which it is discharged.
Without the written permission of Commissioner, no person shall for any purpose whatsoever, at any time make or cause to be made any connection or communication with any drain referred to in section 194 or any water-works, constructed or maintained by, or vested in the Corporation.
(1) Without the written permission of the Commissioner no railway or private street, shall be constructed and no building, wall, fence or other structure shall be erected on any municipal drain or on any water-works constructed or maintained by or vested in the Corporation.
(2) If any railway or private street be constructed or any building, wall, fence or structure erected on any drain or water works as aforesaid without the written permission, the Commissioner may remove or otherwise deal with the same as he may think fit.
(3) The expenses incurred by the Commissioner in so doing shall be paid by the owner of the private street or of the building, fence, wall or other structure or, as the case may be, by the railway administration or the person offending and shall be recoverable as an arrear of tax under this Act.
(1) The Commissioner may place and maintain aquaducts, conduits and lines of mains or pipes or drains over, under, along or across any immovble property whether within or outside the limits of the Municipal area, if necessary through an agreeement, and may at any time for the purposes of examining, repairing, altering or removing any aquaducts, conduits or lines of mains or pipes or drains, after giving a reasonable notice of his intention so to do, enter on any property over, under, along, or across which the aquaducts, conduits or lines of mains or pipes or drains have been placed :
Provided that the Corporation shall not acquire any right other than a right of user in the property vested in the Government or under the control or management of the Government or railway administration or vested in any local authority save with the permission of the Government or railway administration or the local authority, as the case may be, and in accordanc
(1) If it appears to the Commissioner that the only or most convenient means of water supply to, and drainage of, any premises is by placing or carrying any pipe for drain over, under, along or across the immovable property of another person, the Commissioner may, by order in writing, authorise the owner of the premises to place or carry such pipe or drain over, under, along or across such immovable property;
Provided that before making any such order the Commissioner shall give to the owner of the immovable property a reasonable opportunity of showing cause within such time as may be prescribed by bye-laws made in this behalf as to why the order should not be made;
Provided further that the owner of the premises shall not acquire any right other than a right of user in the property over, under, along or across which any such pipe or drain is placed or carried.
(2) Upon the making of an order under sub
If the Corporation desires to place or carry any pipe or drain or do any other work connected with the water-supply or drainage across any railway line, it shall inform the railway administration who may execute the same at the cost of the Corporation.
(1) When under the provisions of this Chapter any person may be required or is liable to execute any work, the Commissioner may in accordance with the provisions of this Act, and of any bye-law made in this behalf, cause such work to be executed after giving such person an opportunity of executing the same within such time as may be specified by him for this purpose.
(2) The expenses incurred or likely to be incurred by the Commissioner in the execution of any work specified under sub-section (1), shall be payable by the said person and the expenses incurred by the Commissioner in connection with the maintenance of such work or the enjoyment of amenities and conveniences rendered possible by such work, shall be payable by the person or persons enjoying such amenities and conveniences.
(3) The expenses referred to in sub-section (2), shall be recoverable from the person or persons liable therefor as an arrears of tax under t
For the purpose of ventilating any drain or cesspool, whether vested in the Corporation or not, the Commissioner may, in according with bye-laws made in this behalf, erect upon any premises or affix to the outside of any building or to any tree any such shaft or pipe as may appear to him to be necessary.
(1) Where it appears to the Commissioner that there are reasonable grounds for believing that a private drain or cesspool is in such condition as to be prejudicial to health or a nuisance or that a private drain communicating directly or indirectly with a municipal drain, is so defective as to admit sub-soil water, he may examine its condition and for that purposes may apply any test other than a test of water under pressure, and if he deems it necessary, open the ground.
(2) If on examination the drain or cesspool is found to be in proper condition, the Commissioner shall, as soon as possible, reinstate any ground which has been opened by him and make good any damage done by him.
The Government may, for reasons to be recorded, direct that any specified work, repair, renewal or replacement which is to be undertaken by or for the Corporation under this Chapter, shall be carried out on behalf of the Corporation by the Government and the Corporation shall pay the charges therefor at the rate and subject to the terms for the time being applicable in the case of works constructed by the Government on behalf of a local authority.
(1) No person other than a licensed plumber shall execute any work described in this Chapter and no person shall permit any such work to be executed except by a licensed plumber:
Provided that if, in the opinion of the Commissioner, the work is of a trivial nature, he may grant permission in writing for the execution of such work by a person other than a licensed plumber.
(2) Every person who employs licensed plumber to execute any work, shall, when so required, furnish to the Commissioner the name of such plumber.
(3) When any work is executed except in accordance with the provisions of sub-section (1), such work shall be liable to be dismantled at the discretion of the Commissioner without prejudice to the right of the Corporation to prosecute under this Act the person at whose instance such work has been executed.
(4) The Corporation a may make bye-laws for the guidance of lice
(1) No person shall -
(a) wilfully obstruct any person acting, under the authority of the Corporation or the Commissioner, in setting out the lines of any works or pull up or remove any pillar, post or stake fixed in the ground for the purpose of setting out lines of such work or deface or destroy any works made for the same purpose; or
(b) wilfully or negligently break, injure, turn on, open, close, shut off or otherwise interfere with any lock, cock, valve, pipe, meter or other work or apparatus belonging to the Corporation; or
(c) unlawfully obstruct the flow of, or flush, draw off, or divert, or take water from any water works belonging to the Corporation or any water course by which any such water is supplied; or
(d) unlawfully obstruct the flow of, or flush, draw off, divert or take sewage from any sewage work belonging to the Corporation or break or damage any electrical tr
(1) All streets within the Municipal area which are or at any time have become public streets, and the pavements, stones and other materials thereof, shall vest in the Corporation.
(2) All public streets vesting in the Corporation shall be under the control of the Commissioner and shall be maintained, controlled and regulated by him in accordance with the bye-laws made in this behalf.
(1) The Commissioner shall, from time to time, cause all public streets vested in the Corporation to be levelled, metalled or paved, channelled, altered or repaired and may widen, extend or otherwise improve, any such street or cause the soil thereof to be raised, lowered or altered or place and keep in repair fences and posts for the safety of foot-passengers.
Provided that no widening, extension or other improvement of a public street the aggregate cost of which will exceed five thousand rupees, shall be under taken by the Commissioner except with the previous sanction of the Corporation.
(2) With the previous sanction of the Corporation, the Commissioner may permanently close the whole or any Part of a public street:
Provided that before according such sanction the Corporation shall, by notice published in the manner specified by bye-laws, give reasonable opportunity to the residents likely to be af
Whenever any public street or a Part thereof is permanently closed under sub- section (2) of section 217 the site of such street or of the portion thereof may be disposed of as land vesting in the Corporation.
The Commissioner may, at any time with the previous sanction of the Corporation -
(a) lay out and make new public streets;
(b) construct bridges and sub-ways;
(c) turn or divert any existing public streets; and
(d) lay down and determine the position and direction of a street or streets in any Part of the Municipal area notwithstanding that no proposal for the erection of any building in the vicinity has been received.
The Commissioner shall, from time to time, with the sanction of the Corporation, specify the minimum width of different classes of new public streets according to the nature of the traffic likely to be carried thereon and the streets with which they join at one or both ends, the localities in which they are situated, the heights up to which buildings abutting thereon may be erected and others similar consideration.
(1) The Commissioner may -
(a) prohibit vehicular traffic in any public street or any portion thereof so as to prevent danger, obstruction or inconvenience to the public or to ensure quietness in any locality ;
(b) prohibit in respect of all public streets or any Particular public streets the transit of any vehicle of such form, construction, weight or size or laden with such heavy or unwieldy objects as may be likely to cause injury to the roadways or any construction thereon, except under such conditions as to time, mode of the traction or locomotion, use of appliances for the protection of roadways, number of lights and assistants and other general precautions and upon the payment of such charges as may be specified by the Commissioner generally or specially in each case;
(c) prohibit access to premises from any Particular public street carrying high speed vehicular traffic:
Pr
Subject to the provisions contained in Chapter X, the Commissioner may -
(a) acquire any land required for the purpose of opening, widening, extending or otherwise improving any public street or of making any new public street and any building standing upon such land;
(b) acquire in relation to any such land or building, all such land with buildings, if any thereon as the Corporation may think expedient to acquire outside the regular line or the intended regular line, of such street.
Explanation. - When any land is required for a new street or for the improvement of an existing street, the Government may on the request of the Corporation proceed to acquire, in addition to the land to be occupied by the street, the land necessary for the sites of the building to be erected on both sides of the street, and such land shall be deemed to be required for the purposes of this Act.
(1) The Commissioner may define a line on one or both sides of any public street in accordance with the bye- laws made in this behalf and may with the previous sanction of the Corporation re-define at any time any such regular line:
Provided that, before according sanction the Corporation shall by public notice afford reasonable opportunity to the residents of premises abutting on such public street to make suggestions or objections with respect to the proposed re-defined line of the street and shall consider all suggestions or objections which may be made within one month from the date of the publication of the said notice:
Provided further that the regular line of any public street operative under any law in force in any Part of the municipal area immediately before the commencement of this Act, shall be deemed to be a line defined by the Commissioner under this sub-section.
(2) The line for the time
(1) If any Part of a building abutting on a public street is within the regular line of that street, the Government on the request of the Commissioner, may, whenever it is proposed to repair, remove, construct or re-construct or make any additions to, or structural alterations of any portion of such building which is within the regular line of the street by any order which he issues concerning the additions to rebuilding, construction, repair or alterations of such building, require such building to be set back to the regular line of the street.
(2) When any building or any Part thereof within the regular line of a public street falls down or is burnt down or is, whether by the order of the Commissioner or otherwise, taken down, the Government on the request of the Commissioner may acquire the portion of the land within the regular line of the street therefor occupied by the said building under the provisions of the Land Acquisition Act, 1894.
Where any building or any Part thereof is within the regular line of a public street and in the opinion of the Commissioner it is necessary to set back the building or Part thereof to the regular line of the street, he shall request the Government to acquire the building or any Part thereof in accordance with the provisions of the Land Acquisition Act, 1894.
If any land, whether open or enclosed, not vesting in the Corporation and not occupied by any building is within the regular line of a public street or if a platform, verandah, step, compound wall, hedge or fence or some other structure external to a building abutting on a public street or a portion of such platform, verandah, step, compound wall, hedge and fence or other structure is within the regular line of such street, the Commissioner shall request the Government to acquire the same under the provision of the Land Acquisition Act, 1894.
(1) Where a land or building is Partly within the regular line of a public street and the Commissioner is satisfied that the land remaining after the excision of the portion within the said line will not be suitable or fit for any beneficial use, he may, at the request of the owner, move to the Government to acquire such land in addition to the land within the said line and such surplus land shall be deemed to be a Part of the public street and shall vest in the Corporation.
(2) Such surplus land may thereafter be utilised for the purpose of setting forward a building under section 228.
The Commissioner may, upon such terms, as he thinks fit, allow any building to be set forward for the purpose of improving the regular line of a public street and may, with the sanction of the Corporation by notice require any building to be so set forward in the case of reconstruction thereof or of a new construction.
Explanation. - For the purpose of this section a wall separating any premises from a public street shall be deemed to be a building and it shall be deemed a sufficient compliance with permission, or requisition to set forward a building to the regular line of a street if a wall of such material and dimensions as are approved by the Commissioner is erected along the said line.
The compensation determined for the land acquired for a public street under the provisions of sections 224, 225, 226 and 227 shall be made by the Corporation in accordance with the provisions contained in the Land Acquisition Act, 1894.
If the owner of any land utilises, sells, leases out or otherwise disposes of such land for the construction of building thereon, he shall lay down and make a street or streets giving access to the plots into which the land may be divided and connecting with an existing public or private street.
(1) Before utilising, selling or otherwise dealing with any land under section 230, the owner thereof shall send to the Commissioner a written application with a lay-out plan of the land showing the following Particulars, namely:-
(a) the plots into which the land is proposed to be divided for the erection of building thereon and the purpose or purposes for which such buildings are to be used ;
(b) the reservation or allotment of any site for any street, open space, park, recreation ground, school, market or any public purpose;
(c) the intended level, direction and width of street or streets;
(d) the regular line of street or streets; and
(e) the arrangements to be made for levelling, paving, metalling, flagging, channelling, sewering, draining, conserving and lighting street or streets.
(2) The provisions of this Act and the bye-laws ma
(1) If any person lays out or makes any street referred to in section 231 without or otherwise than in conformity with the orders of the Corporation, the Commissioner may, whether or not the offender, be prosecuted under this Act by notice, -
(a) require the offender to show cause by a written statement signed by him and sent to Commissioner on or before such date as may be specified in the notice, why such street should not be altered to the satisfaction of the Commissioner or if such alteration be impracticable why such street should not be demolished; or
(b) require the offender to appear before the Commissioner whether personally or by a duly authorised agent on such day and at such time and place as may be specified in the notice and show cause as aforesaid.
(2) If any person on whom such notice is served fails to show cause to the satisfaction of the Commissioner as to why such street should not
(1) If any private street or Part thereof is not levelled, paved, metalled, flagged, channelled, sewered, drained, conserved or lighted to the satisfaction of the Commissioner, he may by notice require the owners of such street or Part and the owners of the lands and buildings fronting or abutting on such street or Part to carry out any work which in his opinion may be necessary and within such time as may be specified in such notice.
(2) If such work is not carried out within the time specified in the notice, the Commissioner may, if he thinks fit, execute it and the expenses incurred shall be paid by the owners referred to in sub-section (1) in such proportion as may be determined by the Commissioner and shall be recoverable from them as an arrears of tax under this Act.
(1) If any street has been levelled, paved, metalled, flagged, channelled, sewered, drained, conserved and lighted under the provisions of section 233 the Commissioner may, and on the requisition of the majority of the owners referred to in sub-section (1) of that section shall declare such a street to be a public street and thereupon the street shall vest in the Corporation.
(2) The Commissioner may, at any time, by notice fixed up in any street or Part thereof not maintainable by the Corporation, give intimation of his intention to declare the same a public street and unless within one month next after such notice has been so put up, the owner or any one of the several owners of such street or such Part of a street lodge objection thereto at the Corporation office, the Commissioner may, by notice in writing, put up in such street or such Part, declare the same to be a public street vested in the Corporation.
(1) Except as provided in section 236, no person shall erect, set-up, and to, or may place against or in front of any premises any structure or fixture which will, -
(a) overhand, jut or project into, or in any way encroach upon and obstruct in any way the safe or convenient passage of the public along any street, or
(b) jut or project into or encroach upon any drain or open channel in any street so as in any way to interfere with the use or proper working of such drain or channel or to impede the inspection or cleaning thereof.
(2) The Commissioner may by notice require the owner or occupier of any premises to remove or to take such other action as he may direct in relation to any structure or fixture which has been erected, set up, added to or placed against, or in front of, the said premises in contravention of this section.
(3) If the occupier of the said premises removes or a
(1) The Commissioner may give a written permission, on such terms and on payment of such fee as he in each case thinks fit, to the owner or occupier of the building or any street, -
(a) to erect an arcade, over such street or any portion thereof; or
(b) to put up a verandah, balcony, arch, connecting passage, sunshade, weather frame, canopy, a awning or other such structure or thing projecting from any storey over or across any street or portion thereof:
Provided that no permission shall be given by the Commissioner for the erection of an arcade in any public street in which construction of an arcade has not been generally sanctioned by the Corporation.
(2) The Commissioner may at any time by notice require the owner or occupier of any building to remove a verandah, balcony, sunshade,weather frame or the like put up in accordance with the provisions of this Act and such owner or o
The Commissioner may at any time by notice require the owner of any premises on the ground floor of which any door, gate, bar or window opens outwards upon a street or upon any land required for the improvement of a street in such manner as in the opinion of the Commissioner is likely to obstruct the safe or convenient passage of the public along such street, to have the said door, gate, bar or window altered so as not to open outwards.
(1) No person shall, except with the permission of the Commissioner granted in this behalf, erect or set-up any wall, fence, rail, post, step, booth or other structure whether fixed or movable or whether of a permanent or temporary nature, or any fixture in or upon any street or upon or over any open channel, drain, well or tank in any street so as to form an obstruction to or an encroachment upon, or projection over, or to occupy any portion of such street, channel, drain, well or tank.
(2) No person shall, except with the permission of the Commissioner and on payment of such fee as he in each case thinks fit, place or deposit upon any street, or upon any open channel, drain or well in any street or upon any public place any stall, chair, bench, box, ladder, bale or other thing whatsoever so as to form an obstruction thereto or encroachment thereon.
(3) Nothing in sub-section (1) shall apply to any erection or thing to whi
Notwithstanding anything contained in sections 228, 235, 236 or in clause (5) of Part C of section 392 and subject to any general or special order that the Government may make in this behalf, if any street is vested in the Government, -
(a) the Commissioner shall not, in respect of such street grant permission to do any act the doing of which without his written permission would contravene the provisions of section 235 or section 236 or allow any building to be set forward under the provision of section 228 except with the sanction of the Government which may be given in respect of a class of cases generally or in respect of a Particular case;
(b) the Commissioner shall, if so required by the Government, exercise the power conferred upon him by sections 228, 235, 236 or clause (5) of Part C of section 392 or any bye-law made in exercise of the powers conferred by the aforesaid clause (5) in respect of encroachment or overha
The Commissioner may, without notice, cause to be removed -
(a) any stall, chair, bench, box, ladder, bale or other thing whatsoever placed, deposited, projected, attached or suspended in, upon, from or to any place in contravention of this Act;
(b) any article whatsoever hawked or exposed for sale on any public place in contravention of this Act and any vehicle, package, box or any other thing in or on which such article is placed.
(1) No person shall tether any animal or cause or permit the same to be tether in any public street.
(2) No person shall milk or cause or permit to be milked any cow or buffalo in any street.
(3) Any animal tethered or any cow or any buffalo found being milked as aforesaid in any street may be removed by the Commissioner or any Corporation Officer or employee and be impounded and dealt with under the provisions of the Cattle Trespass Act, 1871 (Central Act 1 of 1871).
(1) The Commissioner shall, so far as is practicable during the construction or repair of any public street, or any municipal drain or any premises vested in the Corporation -
(a) cause the same to be fenced and guarded;
(b) take proper precautions against accident by shoring up and protecting the adjoining buildings;
(c) cause such bars, chains or posts to be fixed across or in any street in which any such work of construction or repair is under execution as are necessary in order to prevent the passage of vehicles or animals and avert danger.
(2) The Commissioner shall cause such street, drain or premises to be sufficiently lighted or guarded during night while under construction or repair.
(3) The Commissioner shall, with all reasonable speed, cause the said work to be completed, the ground to be filled in the said street, drain or premises to be repaired
(1) No person other than the Commissioner or a Corporation Officer or other Corporation employee shall, without the written permission of the Commissioner -
(a) open, break up, displace, take up or make any alteration in, or cause any injury to the soil or pavement or any wall, fence, post, chain or other material or thing forming Part of any street; or
(b) deposit any building material in any street; or
(c) set up in any street any scaffold or any temporary erection for the purpose of any work whatever, or any posts, bars, rolls, boards or other things by way of an enclosure, for the purpose of making mortar or depositing bricks, lime, rubbish or other materials.
(2) Any permission granted under clause (b) or clause (c) of sub-section (1) shall be terminable at the discretion of the Commissioner on his giving not less than twenty-four hours notice of such termination to the perso
(1) Any of the things caused to be removed by the Commissioner under this Chapter shall, unless the owner thereof turns up to take back such things and pays to the Commissioner the charges for the removal and storage of such things, be disposed of by public auction or in such other manner and within such time as the Commissioner thinks fit.
(2) The charges for removal and storage of the things sold under sub-section (1) shall be paid out of the proceeds of the sale thereof and the balance, if any, shall be paid to the owner of the things sold on a#15; claim being made therefor within a period of two years from the date of sale, and if no such claim is made within the said period, shall be credited to the Corporation.
(1) The Commissioner may -
(a) with the sanction of the Corporation, determine the name or number by which any street or public place vested in the Corporation shall be known;
(b) cause to be put up or painted at a conspicuous Part of any building, wall or place, at or near each end, corner or entrance of such street or on some convenient Part of such street, the name or number by which it is to be known;
(c) cause to be put up or painted on boards of suitable size the name of any public place vested in the Corporation;
(d) determine the number or sub-number by which any premises or Part of such premises shall be known and cause such number or sub-number to be fixed to the side or outer door of such premises or to some place at the entrance of the enclosure thereof.
(2) No person shall destroy, remove, deface or in any way injure or alter such name or number
(1) If any place is, in the opinion of the Commissioner, for want of sufficient repair or protection or enclosure, or owing to some work being carried on thereupon, dangerous or causing inconvenience to passengers along a street or to other persons including the owner or occupier of the said place, who have legal access thereto or to the neighbourhood thereof, the Commissioner may by notice in writing require the owner or occupier of such place to repair, protect or enclose the same or take such other steps as shall appear to the Commissioner necessary in order to prevent the danger or inconvenience arising therefrom.
(2) The Commissioner may before giving any such notice or before the period of any such notice has expired, take such temporary measures as he thinks fit to prevent the danger or inconvenience arising therefrom; and any expense incurred by the Commissioner in taking such temporary measures shall be recoverable from the owner or occ
(1) No person shall, without lawful authority, take away wilfully or negligently break or throw down or damage -
(a) any lamp or any appurtenance of any lamp or lamp posts or lamp iron set up in any public street or any public place;
(b) any electric wire for lighting such lamp;
(c) any post, pole, standard stay, strut, bracket or other contrivance for carrying, suspending or supporting any electric wire or lamp.
(2) No person shall wilfully or negligently extinguish the light of any lamp set up in any public street or any public place.
(3) If any person wilfully or through negligence or accident breaks or causes any damage to any of the things described in sub-section (1), he shall in addition to any penalty to which he may be subjected to under this Act, pay the expenses of repairing the damage so done by him.
In this Chapter, unless the context otherwise requires, the expression "to erect buildings" means -
(a) to erect a new building on any site whether previously built upon or not;
(b) to re-erect -
(i) any building of which more than one half of the cubical contents above the level of the plinth have been pulled down, burnt or destroyed; or
(ii) any building of which more than one-half of the superficial area of the external walls above the level of the plinth has been pulled down; or
(iii) any frame building of which more than half of the number of the posts or beams in the external walls have been pulled down;
(c) to convert into a dwelling house any building or any Part of a building not original constructed for human habitation or, if originally so constructed, subsequently appropriated for any other purpose;
(d)
No person shall erect or commence to erect any building or execute any of the works specified in section 252 except with the previous sanction of the Commissioner, nor otherwise than in accordance with the provisions of this Chapter and of the bye-laws made under this Act in relation to the erection of buildings or execution of works.
(1) Every person who intends to erect a building shall apply for sanction by giving notice in writing of his intention to the Commissioner in such form and containing such information as may be prescribed by bye-laws made in this behalf.
(2) Every such notice shall be accompanied by such documents and plans as may be prescribed.
(1) Every person who intends to execute any of the following works, namely :-
(a) to make any addition to a building;
(b) to make any alteration or repairs to a building involving the removal or re-erection of any external or Partition wall thereof or of any wall which supports the roof thereof to an extent exceeding one half of such wall above the plinth level, such half to be measured in superficial metres;
(c) to make any alteration or repairs to a frame building involving the removal or re-erection of more than one half of the posts in any such wall thereof as aforesaid or involving the removal or re-erection of any such wall thereof as aforesaid to an extent exceeding one half of such wall above plinth level, such half to be measured in superficial metres;
(d) to make any alteration in a building involving -
(i) the sub-division of any room in such build
(1) A person giving the notice required by section 251 shall specify the purpose for which it is intended to use the building to which such notice relates, and a person giving the notice required by section 252 shall specify whether the purpose for which the building is being used is proposed or likely to be changed by the execution of the proposed work.
(2) No notice shall be valid until the information required under sub-section (1) and any further information and plans which may be required by bye-laws made in this behalf have been furnished to the satisfaction of the Commissioner along with the notice.
(1) The Commissioner shall sanction the erection of a building or the execution of a work, unless such building or work would contravene any of the provisions of sub-section (2) of this section or the provisions of section 258.
(2) The grounds on which the sanction of a building or work may be refused shall be the following, namely :-
(a) that the building or work, or the use of the site for the building or work or any of the Particulars comprised in the site plan, ground plan, elevation, section or specification would contravene the provisions of any bye-law made in this behalf or of any other law or of rule, bye-law or order made under such other law;
(b) that notice for sanction does not contain the Particulars or not prepared in the manner required under the bye-laws made in this behalf;
(c) that any information or documents required by the Commissioner under this Act or any b
(1) Where within a period of sixty days, after the receipt of any notice under section 251 or section 252 or of the further information, if any, required under section 253 the Commissioner does not refuse to sanction the building or work or upon refusal does not communicate the refusal to the person who has given the notice, the Commissioner shall be deemed to have accorded sanction to the building or work and person by whom the notice has been given shall be free to commence and proceed with the building or work in accordance with his intention as expressed in the notice and the documents and plans accompanying the same :
Provided that if it appears to the Commissioner that the site of the proposed building or work is likely to be affected by any scheme of acquisition of land for any public purpose or by any proposed regular line of a public street or extension, improvement, widening or alteration of any street, the Commissioner may withhold sa
If at any time after the sanction of any building or work has been accorded, the Commissioner is satisfied that such sanction was accorded in consequence of any material misrepresentation or fraudulent statement contained in the notice given or information furnished under sections 251, 252 and 253, he may by order in writing, cancel for reasons to be recorded such sanction and any building or work commenced, erected, or done shall be deemed to have been commenced, erected or done without such sanction :
Provided that before making any such order the Commissioner shall give reasonable opportunity to the person affected as to why such order should not be made.
The Commissioner may require any building intended to be erected at the corner of two streets to be rounded off or splayed or cut off to such height and such extent as he may determine, and may acquire such portion of the site at the corner as he may consider necessary for public convenience or amenity.
(1) The erection of any building on either side of a new street may be refused by the Commissioner unless and until such new street has been levelled and wherever in the opinion of the Commissioner practicable, metalled or paved, drained, lighted and laid with a water main to his satisfaction.
(2) The erection of any such building or the execution of any such work may be refused by the Commissioner if such building or any portion thereof or such work comes within the regular line of any street, the position and direction of which has been laid down by the Commissioner but which has not been actually constructed or if such building or any portion thereof or such work is in contravention of any building or any other scheme or plan prepared under this Act, or any other law for the time being in force.
The Commissioner when sanctioning the erection of a building or execution of a work, shall specify a reasonable period after the commencement of the building or work within which the building or work is to be completed and if the building or work is not completed within the period so specified it shall not be continued thereafter without fresh sanction obtained in the manner hereinbefore provided, unless the Commissioner on application made, therefor, has allowed an extension of that period.
In such areas as may be specified by bye-laws made in this behalf, no roof, verandah, pandal or wall of a building or no shed or fence shall be constructed or reconstructed of cloth, grass, leaves, mats or other inflammable material except with the written permission of the Commissioner nor shall any such roof, verandah, pandal, wall, shed, fence constructed or reconstructed in any year be retained in subsequent year except with fresh permission obtained in this behalf.
(1) Where the erection of any work has been commenced, or is being carried on or has been completed without or contrary to the sanction referred to in section 254 or in contravention of any condition subject to which such sanction has been accorded or in contravention of any of the provisions of this Act, or bye-laws made thereunder, the Commissioner may in addition to any other action that may be taken under this Act, make an order directing that such erection or work shall be demolished by the person at whose instance the erection or work has been commenced or is being carried on or has been completed within such period (not being less than three days from the date on which a copy of the order of demolition with a brief statement of the reasons therefor has been delivered to that person) as may be specified in the order of demolition :
Provided that no order of demolition shall be made unless the person has been given by means of a notice serv
(1) Where the erection of any building or execution of any work has been commenced or is being carried on (but has not been completed) without or contrary to the sanction referred to in section 254 or in contravention of any condition subject to which such sanction has been accorded or in contravention of any provisions of this Act or bye-laws made thereunder, the Commissioner may in addition to any other action that may be taken under this Act by order, require the person at whose instance the building or the work has been commenced or is being carried on, to stop the same forthwith.
(2) If an order made by the Commissioner under section 261 or under sub- section (1) of this section directing any person to stop the erection of any building or execution of any work is not complied with, the Commissioner may require any police officer to remove such person and all his assistants and workmen from the premises within such time as may be specified i
(1) The Commissioner may, at any time during the erection of any building or execution of any work or at any time within three months after the completion thereof, by a written notice specify any matter in respect of which such erection or execution is without or contrary to the sanction referred to in section 254 or is in contravention of any condition of such sanction any of the provisions of this Act or any bye-laws made thereunder and require the person who gave the notice under section 251 or section 252 or the owner of such building or work either -
(a) to make such alterations as may be specified in the said notice with the object of bringing the building or work in conformity with the said sanction, condition or provisions; or
(b) to show cause why such alterations should not be made within the period stated in the notice.
(2) If the person or the owner does not show cause as aforesaid, he shal
(1) The Commissioner may, at any time, before or after making an order under section 261 of 262 may order to seal the premises.
(2) Where any premises has been sealed, the Commissioner, may order such seal to be removed for the purpose of -
(a) allowing an opportunity to the owner to bring it in conformity with the sanctioned building plan as per the provisions of this Act, rules or bye-laws framed thereunder within a period, which shall not exceed three months; or
(b) allowing the functionaries of the Corporation to bring it in conformity with the sanctioned building plan as per the provisions of this Act, rules or bye-laws framed thereunder at the cost of the owner; or
(c) demolition, at the cost of the owner.
(3) No person shall remove such seal except-
(a) Under an order made by the commissioner under sub-section (2);or
(1) Every person who employs a licensed architect or engineer or a person approved by the Commissioner to design or erect a building or execute any work shall, within one month after the completion of the erection of the building or execution of the work, deliver or send or cause to be delivered or sent to the Commissioner a notice in writing of such completion accompanied by a certificate in the form prescribed by bye-laws made in this behalf and shall give to the Commissioner all necessary facilities for the inspection of such building or work.
(2) No person shall occupy or permit to be occupied any such building or use or permit to be used any building or a Part thereof effected by any such work until permission has been granted by the Commissioner in this behalf in accordance with bye-laws made under this Act:
Provided that if the Commissioner fails within a period of thirty days after the receipt of the notice of compl
(1) No person shall, without the written permission of the Commissioner, or otherwise than in conformity with the conditions, if any, of such permission -
(a) use or permit to be used for human habitation any Part of a building not originally erected or authorised to be used for that purpose or not used for that purpose before any alteration has been made therein by any work executed in accordance with the provisions of this Act and of the bye- laws made thereunder;
(b) change or allow the change of the use of any land or building;
(c) convert or allow the conversion of one kind of tenement into another kind.
(2) If it appears to the Commissioner at any time that any building is in a ruinous condition, or likely to fall, or in any way dangerous to any person occupying, resorting to or passing by such building or any other building or place in the neighbourhood of such building, th
(1) The Commissioner may by order in writing direct that any building, which in his opinion, is in a dangerous condition or is not provided with sufficient means of egress in case of fire or is occupied in contravention of section 264, be vacated forthwith or within such period as may be specified in the order.
Provided that at the time of making such order the Commissioner shall record a brief statement of the reasons therefor.
(2) If any person fails to vacate the building in pursuance of such order the Commissioner may direct any police officer to remove such person from the building and the police officer shall comply with such direction accordingly.
(3) The Commissioner shall, on the application of any person who has vacated, or has been removed from any building in pursuance of an order made by him, allow such person to reoccupy the building on the expiry of the period for which the order has bee
(1) The Corporation may, and if so required by the Government shall, within six months of the date of such requisition, draw up a building scheme for built areas, and a town planning scheme for unbuilt areas, which may among other things provide for the following matters, namely :-
(a) the restriction of the erection or re-erection of buildings or any class of buildings in the whole or any Part of the city, and of the use to which they may be put:
[Provided that where an individual or a company applies for preparation/approval of town planning scheme over its own land, then the un-built area shall not be declared. The Corporation shall pass a resolution for approval of town planning scheme within sixty days from the date such proposal is put up for its consideration for the first time, otherwise the commission shall forward the proposal of the town planning scheme directly to the Government.]
(b) the p
(1) Notwithstanding anything contained in section 267, the Government may, in the public interest, regularize the buildings in any area whether constructed with or without sanction of the Corporation and for which no building scheme or town planning scheme has been sanctioned.
(2) The Corporation shall in respect of area covered under sub- section (1) prepare regularization scheme as may be prescribed.
(3) Every house/plot owner shall be liable to pay the regularization fee on demand to the Corporation a period of thirty days of the demand notice.]
(1) For the purpose of securing the efficient scavenging and cleansing of all streets and premises, the Commissioner, shall provide -
(a) for the daily surface cleansing of all streets and the removal of the sweepings therefrom; and
(b) for the removal of the contents of all receptacles and depots and of the accumulations at all places provided for appointment by him under the provisions of this Act for the temporary deposit of rubbish, filth and other polluted and obnoxious matter.
(2) The Commissioner may, by public notice, issue directions as to the time at which, the manner in which, and the conditions subject to which, any matter referred to in sub-section (1) may be removed along a street or may be deposited or otherwise disposed of.
All matters deposited in public receptacles, depots and places provided or appointed under section 270 and all matters collected by Corporation employees or contractors in pursuance of sections 268 and 273 shall be property of the Corporation.
(1) The Commissioner shall -
(a) provide or place in proper and convenient situations public receptacles, depots or places for the temporary deposit of rubbish, filth and other polluted and obnoxious matter and for the final disposal of rubbish, filth and other polluted and obnoxious matter;
(b) provide dustbins for the temporary deposit of rubbish;
(c) provide vehicles or other suitable means for the removal of rubbish and offensive matter; and
(d) provide covered vehicles or vessels for the removal of filth and other polluted and obnoxious matter.
(2) The Commissioner shall make adequate provisions for preventing receptacles, deposits, dustbins, vehicles and vessels referred to in sub- section (1) from becoming sources of nuisance.
(1) Corporation may use any place or land belonging to the Corporation or the State Government or private land for the purpose of collection, treatment and disposal of solid waste within or outside their limit and may at all times do all acts, things which may be necessary or expedient for repairing and maintaining such land selected for solid waste management :
Provided that reasonable compensation shall be paid to the owner or occupier of the land, if it belongs to any private person.
(2) The Urban Development Authorities as well as private colonizers shall provide suitable land/site for solid waste management at the time of planning of new residential, commercial and industrial complexes.]
It shall be the duty of the owner and occupier of all premises -
(a) to have the premises swept and cleaned;
(b) to cause all filth, rubbish and other polluted and obnoxious matter to be collected from their respective premises and deposited at such times as the Commissioner, by the public notice prescribe, in public receptacles, depots or places provided or appointed under section 270 for temporary deposit or final disposal thereof;
(c) to provide receptacles of the type and in the manner prescribed by the Commissioner for the collection therein of all filth, rubbish and other polluted and obnoxious matter from such premises and to keep such receptacles in good condition and repair.
The Commissioner may, if he thinks fit -
(a) by written notice require the owner or occupier of any premises used for carrying on any manufacture, trade or business or used as a factory, workshop, trade premises or market or in any way so that rubbish, filth and other polluted and obnoxious matter are accumulated in large quantities, to collect all such rubbish, filth and other polluted and obnoxious matter accumulated thereon and to remove the same at such time and in such carts or receptacles and by such routes as may be specified in the notice to a depot or place provided or appointed under section 270; or
(b) after giving such owner or occupier notice of his intention cause all rubbish, filth and other polluted and obnoxious matter accumulated in such premises to be removed and charge the said owner or occupier for such removal such fee as may, with the sanction of the Corporation, be specified in the notice issued unde
(1) No owner or occupier of any premises shall keep or allow to be kept for more than twenty-four hours or otherwise than in a receptacle approved by the Commissioner, any rubbish, filth or other polluted and obnoxious matter on such premises or any place belonging thereto or neglect to employ proper means to remove such rubbish, filth and other polluted and obnoxious matter from or to cleanse, such receptacle and to dispose of such rubbish, filth and other polluted and obnoxious matter in the manner directed by the Commissioner, or fail to comply with any requisition of the Commissioner as to the construction, repair, pavement or cleansing of any latrine or urinal on or belonging to the premises.
(2) No owner or occupier shall allow the water of any sink, drain, latrine or urinal or any rubbish, filth and other polluted and obnoxious matter to run down on or to be thrown or put upon, any street or into any drain in or along the site of any stre
If any premises are not properly and regularly scavenged or cleansed or are in a filthy and unwholesome condition, the Commissioner any cause them to be scavenged and cleansed and recover the expenses from the owner or, as the case may be, occupier as an arrears of tax under this Act.
(1) The Commissioner shall provide and maintain in proper and convenient places a sufficient number of public latrines and urinals.
(2) Public latrines and urinals shall be so constructed as to provide separate comPartments for each sex and not to be a nuisance, and shall be provided with all necessary conservancy, establishments and shall regularly be cleansed and kept in proper order.
(1) It shall not be lawful to construct any latrine or urinal for any premises except with the written permission of the Commissioner and in accordance with such terms not inconsistent with the provisions of this Act or any bye-laws made thereunder as he may prescribe.
(2) In prescribing terms under sub-section (1), the Commissioner shall determine in each case -
(a) whether the premises shall be served by flush system or premises shall have water seal latrine;
(b) what shall be the site or position of each latrine or urinal.
(3) If any latrine or urinal is constructed on any premises in contravention of the foregoing provisions, the Commissioner may, after giving not less than ten days' notice to the owner or occupier of such premises, alter, reconstruct, close or demolish such latrine or urinals and the expenditure incurred by the Commissioner in so doing shall be recoverable fr
(1) It shall not be lawful to erect any building or execute any work on or in relation to such building without providing such latrine accommodation and accommodation for bathing or for washing clothes and utensils on each floor of such building as may be prescribed.
(2) While prescribing such accommodation it may in each case be determined -
(a) whether such building shall be served by the flush system or by water seal system;
(b) what shall be the site or position of each latrine, urinal, bathing or washing place or site and their number on each floor and their clear internal dimensions.
(3) It shall not be lawful to erect a residential building composed of separate tenements on the flat system without providing at least one latrine and one bathing or washing place for servants on the ground floor of such building or at any other suitable place in the same premises.
Every person employing workmen, labourers or other persons exceeding twenty in number shall and maintain for the separate use of persons of each sex so employed, latrines and urinals, of such description and number as the Commissioner may by notice require and within such time as may be fixed in the notice and shall keep the same in clean and proper order.
The Commissioner may by notice require any owner or manager of a market, cart stand, cattle shed, theatre, railway station and other places of public resort within such time as may be specified in such notice to provide and maintain for the separate use of persons of each sex, latrines and urinals of such description and number and in such position as may be specified and to keep the same in clean and proper order.
The Commissioner may, by written notice-
(a) require the owner or other person having the control of any private latrine or urinal not to put the same to public use; or
(b) require the owner or other persons having control of such private latrine or urinal which in the opinion of the Commissioner constitutes a nuisance, to remove the latrine or the urinal; or
(c) require any person having the control whether as owner, lessee or occupier of any land or building -
(i) to have any latrine provided for the same shut out by a sufficient roof, wall or fence from the view of persons passing by or dwelling in the neighbourhood; or
(ii) to cleanse in such manner as the Commissioner may specify in the notice any latrine or urinal belonging to the land or building; or
(d) where any premises intended or used for human habitation are without any latr
(1) Where it appears to the Commissioner that any block of buildings is in an unhealthy condition by reason of the manner in which the buildings are crowded together, or of the narrowness, closeness, or faulty arrangement of streets, or of the want of proper drainage and ventilation, or of the impracticability of cleansing the buildings or other similar cause, he shall cause the block to be inspected by the Corporation Health Officer and the Corporation Engineer, who shall make a report in writing to him regarding the sanitary condition of the block.
(2) If upon receipt of report the Commissioner considers that the sanitary condition of the block is likely to cause risk of disease to the inhabitants of the buildings or of the neighbourhood or otherwise to endanger the public health, he shall with the approval of the Corporation select the buildings which in his opinion should wholly or in Part be removed in order to abate the unhealthy condition
(1) Where the Commissioner upon information in his possession is satisfied that any building is in any respect unfit for human habitation, he may, unless in his opinion the building is not capable at a reasonable expense of being rendered fit, serve upon the owner of the building a notice requiring him within such time not being less than thirty days as may be specified in the notice to execute the works of improvement specified therein and stating that in his opinion those works will render the building fit for human habitation.
(2) In addition to serving a notice under this section on the owner the Commissioner may serve a copy of the notice on any other person having an interest in the building whether as a lessee, mortgagee or otherwise.
(3) In determining whether a building can be rendered fit for human habitation at a reasonable expense regard shall be had to the estimated cost of the work necessary to render it so fi
If a notice under section 282 requiring the owner of the building to execute works of improvement is not complied with, then, after the expiration of the time specified in the notice the Commissioner may himself do the works required to be done by the notice and recover the expenses incurred in connection therewith as an arrears of tax under this Act.
(1) Notwithstanding anything contained in section 144 of the Code of Criminal Procedure, 1973, where the Commissioner upon any information in his possession is satisfied that any building is unfit for human habitation and is not capable at a reasonable expense of being rendered so fit, he shall serve upon the owner of the building and upon any other person having an interest in the building, whether as a lessee, mortgagee or otherwise a notice to show cause within such time as may be specified in the notice as to why an order of demolition of the building should not be made.
(2) If any of the person upon whom a notice has been served under sub-section (1), appears in pursuance thereof before the Commissioner and gives an undertaking to him that such person shall, within a period specified by the Commissioner, execute such works of improvement in relation to the building as will, in the opinion of the Commissioner render the building fit for huma
Where the Commissioner upon any information in his possession is satisfied that any hut or shed used as dwelling house or as a stable or for any other purpose, is likely, by reason of its being constructed without a plinth or on account of the impracticability of scavenging and cleansing it or owing to the manner in which it and other huts or sheds are crowded together, to cause risk of disease to the inmates thereof or to the inhabitants of the neighbourhood, or is for any reason likely to endanger public health or safety, he may by notice in writing require the owner or occupier of the hut or shed or the owner or occupier of the land on which the hut or shed stands to remove or alter the hut or shed or carry out such improvement thereof as the Commissioner may deem necessary within such time as may be specified in the notice.
(1) The Commissioner may by public notice prohibit the washing of clothes by washermen in the exercise of their callings except at such places as he may appoint for the purpose.
(2) When any such prohibition has been made, no person who is by calling a washerman shall in contravention of such prohibition wash clothes except for himself or for personal and family service or for hire on or within the premises of the hirer at any place other than a place appointed under sub- section (1).
Any person being incharge of or in attendance whether as medical practitioner or otherwise, upon any person whom he knows or has reason to believe to be suffering from a dangerous disease, or being owner, lessee or occupier of any building in which he knows that any such person is so suffering shall forthwith give information in respect of the existence of such disease to the Corporation Health Officer.
When any person suffering from any dangerous disease is found to be -
(a) without proper lodging or accommodation; or
(b) living in a room or house which he neither owns nor pays rent for, not occupies as the guest or relative of person who owns, or pays rent for it; or
(c) living in a sarai, hotel, boarding house or other public hostel; or
(d) lodged in premises occupied by members of two or more families, the Commissioner or any person authorised by him in this behalf, may, on the advice of any medical officer of the rank not inferior to that of an assistant surgeon, 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.
Where the Commissioner is of the opinion that the cleansing and disinfection of any building or Part of a building or of any article in such building or Part of which are likely to retain infection or the renewal or flooring of any building or Part of such building and the renewal or plastering of the walls thereof, would tend to prevent or check the spread of any dangerous disease; he may, by notice in writing, require the owner or occupier to cleanse and disinfect the said building, Part or articles, as the case may be, or to renew the said flooring and if necessary the said plastering also within such time as may be specified in the notice :
Provided that where in the opinion of the Commissioner the owner or occupier is from poverty unable effectually to carry out any such requisition, the Commissioner may at the expense of the Corporation cleanse and disinfect the building, or articles, or as the case may be, renew the flooring and if necess
(1) Where the destruction of any hut or shed is in the opinion of the Commissioner necessary to prevent the spread of any dangerous disease, the Commissioner may by notice in writing require the owner to destroy the hut or shed and the materials thereof within such time as may be specified in the notice.
(2) Where the Commissioner is satisfied that the destruction of any hut or shed is immediately necessary for the purpose of preventing the spread of any dangerous disease, he may order the owner or occupier of the hut or shed to destroy the same forthwith or may himself cause it to be destroyed.
(3) Compensation may be paid by the Commissioner, in any case which he thinks fit to any person who sustains substantial loss by the destruction of any such hut or shed, but, except as so allowed by the Commissioner, no claim for compensation shall lie for any loss or damage caused by any exercise of the power conferred by this sect
(1) The Commissioner shall -
(a) provide proper places with necessary attendants and apparatus for the disinfection of conveyances, clothing, bedding and other articles which have been exposed to infection;
(b) cause conveyances, clothing and other articles brought for disinfection to be disinfected either free of charge or on payment
of such charges as he may fix.
(2) The Commissioner may notify places at which articles of clothing, bedding and conveyances or other articles which have been exposed to infection shall be washed and if he does so, no person shall wash any such thing at any place not so notified without having previously disinfected such thing.
(3) The Commissioner may direct the destruction of any clothing, bedding or other articles likely to retain infection and may give such compensation as he thinks fit for any article so destroyed.
(1) In the event of the Municipal area or any Part thereof being visited or threatened by an outbreak of any dangerous disease among the inhabitants thereof or of any epidemic disease among any animals therein, the Commissioner, if he thinks that the other provisions of this Act and the provisions of any other law for the time being in force are insufficient for the purpose may, with the previous sanction of the Corporation -
(a) take such special measures; and
(b) by public notice, give such directions to be observed by the public or by any class or section of the public, as he thinks necessary to prevent the outbreak or spread of the disease :
Provided that where in the opinion of the Commissioner immediate measures are necessary, he may take action without such sanction as aforesaid and if he does so, shall forthwith report such action to the Corporation.
(2) No person shall co
(1) A person shall not send or take to any washerman or to any laundry or place set aPart for the exercise by washerman or their calling, for the purpose of being washed or to any place for the purpose of being cleansed, any cloth or other article which he knows to have been exposed to infection from a dangerous disease unless that cloth or article has been disinfected by or to the satisfaction of the Corporation Health Officer.
(2) The occupier of any building in which a person is suffering from a dangerous disease shall, if required by the Corporation Health Officer furnish to him the address of any washerman to whom or any laundry or other place to which clothes and other articles from the building have been or will be, sent during the continuance of the disease for the purpose of being washed or cleansed.
(1) Whoever -
(a) uses a public conveyance while suffering from a dangerous disease; or
(b) uses a public conveyance for the carriage of person who is suffering from any disease; or
(c) uses a public conveyance for the carriage of the corpse of a person who had died from such disease, shall be bound to take proper precautions against the communication of the disease to other person using or who may thereafter use the conveyance and to notify such use to the owner, driver or person in charge of the conveyance and further report without delay to the Commissioner the number of the conveyance and the name of the person so notified.
(2) Where any person suffering from, or the corpse of any person who has died from a dangerous disease has been carried, in public conveyance which ordinarily plies in the Municipal area or any Part thereof, the driver thereof, shall forthwith report the fa
Notwithstanding anything contained in any law for the time being in force no owner, driver or person incharge of a public conveyance shall be bound to convey or to allow to be conveyed in such conveyance in or in the vicinity of the Municipal area any person suffering from a dangerous disease or the corpse of any person who had died from such disease unless and until such person pays or tenders a sum sufficient to recover any loss and expenses which would ordinarily be incurred in disinfecting the conveyance.
(1) Where any building or Part of a building, is intended to be let in which any person has, within six weeks immediately preceding, been suffering from a dangerous disease, the person letting the building or Part shall, before doing so, disinfect the same in such manner as the Commissioner may be general or special notice direct together with all articles therein liable to retain infection.
(2) For the purposes of this section the keeper of a hostel, hotel, lodging house or sarai shall be deemed to let a Part of the building to any person accommodated in such hostel, hotel, lodging house or sarai, as the case may be.
No person shall, without previous disinfection give, lend, sell, transmit or otherwise dispose of to another person any article or thing which he knows or has reason to believe was exposed to contamination by any dangerous disease and is likely to be used in or taken into the Municipal area or any Part thereof.
No person, while suffering from, or in circumstances in which he is likely to spread any dangerous disease, shall -
(a) make, carry or offer for sale or take any Part in the business of making, carrying or offering for sale, any article of food or drink or any medicine or drug for human consumption, or any article of clothing or bedding for personal use or wear; or
(b) take any Part in the business of the washing or carrying of clothes.
When the Municipal area or any Part thereof is visited or threatened by an outbreak of any dangerous disease, the Commissioner may, by public notice, restrict in such manner or prohibit for such period as may be specified in the notice, the sale or preparation of any article of food or drink for human consumption specified in the notice or the sale of flesh of any description of animal so specified.
(1) If the Commissioner is of opinion that the water in any well, tank or other place is likely if used for drinking, to endanger, or cause the spread of any disease, he may -
(a) by public notice, prohibit the removal or use of such water for drinking; or
(b) by notice in writing, require the owner or person having control of such well, tank or place to take such steps as may be directed by the notice to prevent the public from having access to or using such water; or
(c) take such other steps as he may consider expedient to prevent the outbreak or spread of any such disease.
(2) In the event of the Municipal area or any Part thereof being visited or threatened by an outbreak of a dangerous disease, the Corporation Health Officer or any person authorised by him in this behalf, may without notice and at any time, inspect and disinfect any well, tank or other place from which water
No person shall -
(a) knowing that he is suffering from a dangerous disease expose other persons to the risk of infection by his presence or conduct in any public street or public place;
(b) having the care of a person whom he knows to be suffering from a dangerous disease cause or permit that person to expose other person to the risk of infection by his presence or conduct in any such street or place as aforesaid;
(c) place or cause to be placed in a dust bin or other receptacle for the deposit of rubbish, any matter which he knows to have been exposed to or having infection from a dangerous disease and which has not been disinfected properly;
(d) throw or cause to be thrown into any latrine or urinal any matter which he knows to have been exposed to infection from a dangerous disease and which has not been disinfected properly.
Where any person has died from any dangerous disease the Commissioner may by notice in writing -
(a) require any person having charge of the corpse to convey the same to mortuary thereafter to be disposed of in accordance with law; or
(b) prohibit the removal of corpses from the place where death occurred except for the purpose of being burnt, burried for from being conveyed to a mortuary.
(1) No person being a Safai Karamchari employed by the Corporation shall in the absence of any contract authorising him so to do and without reasonable cause, resign his employment or absent himself from his duty without having given one month's notice to the Commissioner or shall neglect or without reasonable cause refuse to perform his duties.
(2) The Corporation may by resolution direct that on or from such date as may be specified in the resolution, the provisions of this section shall apply in the case of any specified class of persons employed by the Corporation whose functions are intimately concerned with public health or safety.
The Commissioner may, by notice in writing, require the owner or person incharge of any building or burial grounds, cremation ground or electric crematorium to supply such information as may be specified in the notice concerning the condition, management or position of such ground.
(1) No place which has not been used as a burning or burial ground, cremation grounds or electric crematorium before the commencement of this Act, shall be so used without the permission in writing of the Commissioner.
(2) Such permission may be granted subject to any condition which the Commissioner may think fit to impose for the purpose of preventing any annoyance to or danger to the health of any person residing in the neighbourhood.
(1) Where the Commissioner, after making or causing to be made local enquiry, is of opinion that any burning or burial grounds or cremation ground or electric crematorium, has become offensive to, or dangerous to the health of persons residing in the neighbourhood, he may with the previous sanction of the Corporation, by notice in writing, require the owner or person incharge of such ground to close the same from such date as may be specified in the notice.
(2) No corpse shall be burnt or buried at the burning or burial ground in respect of which a notice has been issued under this section.
The Commissioner may by public notice prescribe routes by which alone corpses may be removed to burning or burial grounds.
(1) Whenever any animal in the charge of any person dies, the person incharge thereof shall within twenty-four hours either -
(a) convey the carcass to a place provided or appointed under section 270 for the final disposal of the carcasses of dead animals; or
(b) give notice of the death to the Commissioner whereupon he shall cause the carcass to be disposed of.
(2) In respect of the disposal of the carcass of dead animals under clause (b) of sub-section (1) the Commissioner may charge such fee as he may by public notice specify.
(1) No person shall -
(a) in any public street or public place -
(i) ease himself; or
(ii) carry meat exposed to public view; or
(iii) picket animals or collect carts; or
(iv) being engaged in the removal of rubbish, filth or other polluted and obnoxious matters wilfully or negligently permit any portion thereof to spill or fall or neglect to sweep away or otherwise effectually to remove any portion thereof which may spill or fall in such street or place; or
(v) without proper authority affix, upon any building, monument, post, wall, fence, tree or other thing, any bill, notice or other document; or
(vi) without proper authority deface or write upon or otherwise mark any building, monument, post, wall, fence, tree or other thing; or
(vii) without proper authority remove, destroy, deface or othe
Where the Commissioner is of opinion that there is a nuisance of any land or building, he may, by notice in writing, require the person by whose act, default or sufferance the nuisance arises or continues or the owner, lessee or occupier of the land or building, or one or more of these persons to remove or abate the nuisance by taking such measures in such manner and within such period as may be specified in the notice.
(1) The Corporation may, by bye-laws made in this behalf -
(a) require the registration by the registration authority appointed by the Commissioner in this behalf of all dogs kept within the Municipal areas;
(b) require that every registered dog shall wear a collar to which shall be attached a metal token to be issued by the registration authority, and fix the fee payable for the issue thereof;
(c) require that any dog which has not been registered or which is not wearing such token shall, if found in any public place, be detained at a place set aPart for the purpose; and
[(d) fix the fee which shall be charged for such detention and provide that any such dog shall be detained at a place to be specified by the Commissioner unless it is claimed and the fee in respect thereof is paid within one week.]
(2) The Commissioner may -
(a) cause t
The Commissioner may by public notice, prohibit in any case where such prohibition appears to him to be necessary for the prevention of danger to life or property, the stacking or collecting of wood, dry grass, straw or other inflammable materials or the placing of mats or thatched huts or the lighting of fires in any place which may be specified in the notice.
No person shall set a naked light on or near any building in any public street or other public place in such manner as to cause danger of fire;
Provided that nothing in this section shall be deemed to prohibit the use of lights for the purpose of illumination on the occasion of a festival or public or private entertainment.
No one shall discharge any fire arm or let off fire-works or fire-balloons, or engage in any game in such manner as to cause or to be likely to cause danger to persons passing by or dwelling or working in the neighbourhood or risk of injury to property.
Where any building, or wall, or anything affixed thereto, or any well, tank, reservoir, pool, depression or excavation, or any bank or tree, is in the opinion of the Commissioner, in a ruinous state, for want of sufficient repairs, protection or enclosure, a nuisance or dangerous to persons passing by or dwelling or working in the neighbourhood, the Commissioner may by notice in writing require the owner or Part-owner or person claiming to be the owner or Part-owner thereof or failing any of them, the occupier thereof, to remove the same or may require him to repair, protect or enclose the same in such manner as he thinks necessary and if the danger is, in the opinion of the Commissioner, imminent, he shall forthwith take such steps as he thinks necessary to avert the same.
The Commissioner may, by notice in writing require the owner for Part-owner, or person claiming to be the owner or Part-owner of any land or building, or the lessee or the person claiming to be the lessee of any such land which by reason of disuse or disputed ownership or other cause, has remained unoccupied and has become the resort of the idle and disorderly person or of persons who have no ostensible means of subsistence or cannot give satisfactory account of themselves or is used for gaming or immoral purposes or otherwise occasions or is likely to occasion of nuisance, to secure and enclose the same within such time as may be specified in the notice.
For the prevention and extinction of fire, the Corporation may, and if the Government so directs, shall establish and maintain a fire-brigades and provide implements, machinery or means of communicating intelligence for the efficient discharge of their duties by the brigade.
(1) On the occasion of a fire in the Municipal area any Magistrate, the Commissioner of the Corporation, any member of a fire brigade maintained by the Corporation directing the operations of men belonging to the brigade, and any police officer not below the rank of Sub-Inspector 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 purposes of extinguishing the fire break into or through or pull down, or cause to be broken into or through or pulled down or used for the passage of houses or other appliances, any premises;
(d) cause mains and pipes to be shut off so as to give greater pressure of water in or near the place where the fire has occurred;
(e) call on
The powers conferred by the last fore-going section shall be subject to any regulations, conditions or restrictions which may be imposed by the rules.
(1) The Commissioner, when authorised by the Corporation in this behalf, may provide and maintain municipal markets and slaughter houses in such number as he thinks fit together with stalls, shops, sheds, pens and other buildings and conveniences for the use of persons carrying on trade or business in, or frequenting such markets or slaughter houses and may provide and maintain in such markets, buildings and places, machines, weights, scales and measures for the weighment or measurement of goods sold therein.
(2) Municipal markets and slaughter houses shall be under the control of the Commissioner who may at any time, by public notice, close any municipal market or slaughter house or any Part thereof.
(1) No person shall, without the general or special permission in writing of the Commissioner, sell or expose for the sale of any animal or article in any municipal market.
(2) Any person contravening the provisions of sub-section (1), and any animal or article exposed for sale by such person, may be summarily removed from the market by or under the orders of the Commissioner or any officer or employee of the Corporation authorised by the Commissioner in this behalf.
(1) No place other than a municipal market shall be used as a market, unless such place has been licensed as a market by the Commissioner.
(2) No place other than a municipal slaughter house shall be used as a slaughter house :
Provided that nothing in this sub-section shall be deemed -
(a) to restrict the slaughter of any animal in any place on the occasion of any religious festival or ceremony subject to such conditions as the Commissioner may, by public or special notice, impose in this behalf; or
(b) to prevent the Commissioner, with the sanction of the Corporation, from setting aPart place for the slaughter of animals in accordance with religious custom.
(1) The Commissioner may charge such fees as he thinks fit to impose for the grant of a licence to any person to open a private market and may grant such licence subject to such conditions, consistent with this Act and any bye-laws made thereunder, as he thinks fit to impose.
(2) When the Commissioner refuses to grant any licence, he shall record a brief statement of the reasons for such refusal.
(3) The Commissioner may, with the previous approval of the Corporation and for reasons to be recorded, suspend a licence in respect of a private market for such period as he thinks fit or cancel such licence:
Provided that no such licence shall be cancelled without giving an opportunity to the licensee of being heard.
(4) A private market of which the licence has been suspended or cancelled as aforesaid, shall be closed with effect from such date as may be specified in the order of suspe
(1) No person shall keep open for public use any market in respect of which a licence is required by or under this Act without obtaining a licence therefor or while the licence therefor is suspended or after the same has been cancelled.
(2) When a licence to open a private market is granted or refused or is suspended or cancelled, the Commissioner shall cause a notice of the grant, refusal, suspension or cancellation to be posted in such language or languages as he thinks necessary in some conspicuous place by or near the entrance to the place to which the notice relates.
No person knowing that any market has been opened to the public without a licence having been obtained thereof when such licence is required by or under this Act or that the licence granted therefor is for the time being suspended or that it has been cancelled, shall sell or expose for sale any animal or article in such market.
(1) No animal or article shall be sold or exposed for sale within a distance of one hundred yards of any municipal market or licensed private market without the permission of the Commissioner.
(2) Any person contravening the provision of sub-section (1) and any animal or article exposed for sale by such person may be summarily removed by or under the order of the Commissioner or any Officer or employee of the Corporation appointed by him in this behalf.
The Commissioner, with the previous approval of the Corporation, may -
(a) charge such stallages, rents or fees as may from time to time be fixed by him in this behalf -
(i) for the occupation or use of any stall, shop, stand, shed or pen in a municipal market or municipal slaughter house;
(ii) for the right to expose articles for sale in a municipal market;
(iii) for the use of machines, weights, scales and measures provided for in any municipal market; and
(iv) for the right to slaughter animals in any municipal slaughter house; and for the feed of such animals before they are ready for slaughter; or
(b) put up to public auction or dispose of by private sale, the privilege of occupying or using any stall, shop, stand, shed or pen in a municipal market or municipal slaughter house for such period and on such conditions as he may think f
A copy of the table of stallages, rents and fees, if any, chargeable in any municipal market or municipal slaughter house and of the bye-laws made under this Act for the purpose of regulating the use of such market or slaughter house printed in such language or languages as the Commissioner may direct, shall be affixed in some conspicuous place in the market or slaughter house.
(1) No person shall without or otherwise than in conformity with a licence from the Commissioner carry on the trade of a butcher, fishmonger, poulterer or importer of flesh intended for human food or use any place for the sale of flesh, fish or poultry intended for human food :
Provided that no licence shall be required for any place used for the sale or storage for sale of preserved flesh or fish contained in air tight or hermetically sealed receptacles.
(2) The Commissioner may, by order and subject to such conditions as to supervision and inspection as he thinks fit to impose, grant a licence or may, by order, refuse, for reasons to be recorded, to grant the same.
(3) Every such licence shall expire at the end of the year for which it is granted or at such earlier date as the Commissioner may, for special reasons, specify in the licence.
(4) If any place is used for the sale of
(1) No person shall, without the previous permission in writing of the Commissioner, establish in any premises, or materially alter, enlarge or extend, any factory, workshop or trade premises in which it is intended to employ steam, electricity, water or other mechanical power.
(2) The Commissioner may refuse to give such permission, if he is of the opinion that the establishment, alteration, enlargement or extension of such factory, workshop or trade premises, in the proposed position would be objectionable by reason of the density of the population in the neighbourhood thereof, or would be a nuisance to the inhabitants of the neighbourhood.
(1) No person shall use or permit to be used any premises for any of the following purposes without or otherwise than in conformity with the terms of a licence granted by the Commissioner in this behalf, namely :-
(a) any of the purposes specified in Part-I of the Second Schedule;
(b) any purpose which is, in the opinion of the Commissioner; dangerous to life, health or property or likely to create a nuisance;
(c) keeping horses, cattle or other quadruped animals or birds for transportation, sale or hire or for sale of the produce thereof; or
(d) storing any of the articles specified in Part-II of the Second Schedule except for domestic use of those articles :
Provided that the Corporation may declare that premises in which the aggregate quantity of articles stored for sale does not exceed such quantity as may be prescribed by bye-laws in respect of any such
(1) If any horses, cattle or other quadruped animals or birds are kept on any premises in contravention of the provision of section 331 or are found abandoned and roaming or tethered on any street or public place or on any land belonging to the Corporation, the Commissioner or any officer empowered by him may seize them and may cause them to be impounded or removed to such place as may be appointed by the Government or the Corporation for this purpose and cost of seizure of these animals or birds and of impounding or removing them and of feeding and watering them, shall be recoverable by sale or auction of these animals or birds:
Provided that anyone claiming such animals or birds may, within seven days of the seizure get them released on his paying all expenses incurred by the Commissioner in seizing, impounding or removing and in feeding and watering such animals or birds, and on his producing a licence for keeping these animals and birds issu
(1) The Commissioner may give public notice of his intention to declare that in any area specified in the notice no person shall use any premises for any of the purposes referred to in sub-section (1) of section 331 which may be specified in such notice.
(2) No objection to any declaration under sub-section (1) shall be received after a period of one month from the publication of the notice
(3) The Commissioner shall consider all objections received within the said period, giving any person affected by the notice an opportunity of being heard and may thereupon make a declaration in accordance with the notice published under sub-section (1), with such modifications, if any, as he may think fit.
(4) Every such declaration shall be published in the Official gazette and in such other manner as the Commissioner may determine, and shall take effect from the date of its publication in the official Gazette.
No person shall, without or otherwise than in conformity with the terms of a licence granted by the Commissioner in this behalf, -
(a) hawk or expose for sale in any place any article whatsoever, whether it be for human consumption or not;
(b) use in any place his skill in any handicraft or for rendering service to and for the convenience of the public for the purpose of gain or making a living.
(1) No person shall, without or otherwise than in conformity with the terms of a licence granted by the Commissioner in this behalf, keep any eating house, lodging house, hotel, boarding house, tea shop, coffee house, cafe, restaurant, refreshment room or any place where the public are admitted for repose or for the consumption of any food or drink or any place where food is sold or prepared for sale.
(2) The Commissioner may at any time cancel or suspend any licence granted under sub-section (1) if he is of opinion that the premises covered thereby are not kept in conformity with the conditions of such licence or with the provisions of any bye-laws made in this behalf.
No person shall without or otherwise than in conformity with the terms of a licence granted by the Commissioner in this behalf, keep open any theatre, circus, cinema house, dancing hall or other similar place of public resort, recreation or amusement:
Provided that nothing in this section shall apply to private performances in any such place.
If the Commissioner is of opinion that any eating house, lodging house, hotel, boarding house, tea shop, coffee house, cafe, restaurant, refreshment room or other place where the public are admitted for repose or for consumption of any food or drink or where food is sold or prepared for sale or any theatre, circus, cinema house, dancing hall or similar other place of public resort, recreation or amusement is kept open without a licence or otherwise than in conformity with the terms of a licence granted in respect thereof, he may stop the use of any such premises for any such purpose for a specified period by such means as he may consider necessary.
(1) If the Commissioner or any person authorised by him in this behalf has reason to believe that any animal intended for human consumption is being slaughtered or that the flesh of any such animal is being sold or exposed for sale, in any place or manner not duly authorised under this Act, he may at any time by day or night without notice, inspect such places for the purpose of satisfying himself as to whether any provision of this Act or any bye-law made under this Act at the time in force is being contravened thereat and may seize any such animal or the carcass of such animal or such flesh found therein.
(2) The Commissioner may remove and sell by auction or otherwise dispose of any animal or carcass of any animal or any flesh seized under sub-section (1).
(3) If within one month of the seizure under sub-section (2) the owner of the animal, carcass or flesh fails to appear and prove his claim to the satisfaction of the C
Where the Commissioner upon information is satisfied in respect of any area -
(a) that the buildings in that area are by reason of disrepair or sanitary defects unfit for human habitation or are by reason of their bad arrangement, or the narrowness or bad arrangement of the streets or for want of light, air, ventilation or proper conveniences, dangerous or injurious to the health of the inhabitants of the area; and
(b) that the most satisfactory method of dealing with the conditions in the area is the rearrangement and reconstruction of the streets and buildings in the area in accordance with an improvement scheme, he may frame an improvement scheme in respect of the area in accordance with the bye-laws made in this behalf.
An improvement scheme may provide for all or any of the following matters, namely -
(a) the acquisition by agreement or under the Land Acquisition Act, 1894, of any property necessary for or affected by the execution of the scheme;
(b) the relaying out of any land comprised in the scheme;
(c) the redistribution of sites belonging to owners of property comprised in the scheme;
(d) the closure or demolition of building portions of buildings unfit for human habitation;
(e) the demolition of obstructive buildings or portions thereof;
(f) the construction and reconstruction of buildings;
(g) the construction and alteration of streets;
(h) the water supply, street lighting, drainage and other conveniences;
(i) the provision of urban amenities and facilities such as parks, garden
(1) Every improvement scheme shall, as soon as may be, after it has been framed, be submitted by the Commissioner for approval to the Corporation and the Corporation may either approve the scheme without modifications or with such modifications as it may consider necessary or reject the scheme with direction to the Commissioner to have a fresh scheme framed according to such directions.
(2) No improvement scheme approved by the Corporation under sub-section (1) shall be valid unless it has been sanctioned by the Government.
(1) After an improvement scheme is sanctioned by the Government, the Commissioner shall prepare a notice stating -
(a) the fact that the scheme has been sanctioned;
(b) the boundaries of the area comprised in the scheme; and
(c) the place at which Particular of the scheme, a map of the area comprised in the scheme and a statement of the land which it is proposed to acquire may be seen.
(2) The Commissioner shall cause the aforesaid notice to be published in the Official Gazette and also in the manner specified in section 360.
The Commissioner while framing an improvement scheme under this Chapter for any area may also frame a scheme (hereinafter in this Act referred to as the rehousing scheme) for the construction, maintenance and management of such and so many buildings as he may consider necessary for providing accommodation for persons who are likely to be displaced by the execution of the improvement scheme.
No improvement scheme or rehousing scheme framed under this Chapter after development plan for the Municipal area or a zonal development plan for any Part thereof has been prepared in accordance with law shall be valid unless such scheme is in conformity with the provisions of the development plan or the zonal development plan.
If the Corporation, upon consideration of a report from the Commissioner or any other information is satisfied that it is expedient to provide housing accommodation for the economically weaker section in any area and that such accommodation can be provided without making an improvement scheme, the construction shall cause that area to be defined on a plan and pass a resolution authorising the Commissioner to provide such accommodation -
(a) by the erection of buildings or by attachment of land belonging to the Corporation or of land acquired by the Corporation for the purpose;
(b) by the conversion of any buildings belonging to the Corporation into dwellings for the economically weaker sections.
[[(1) Notwithstanding anything to the contrary contained in the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963 (Punjab Act 41 of 1963) and the Punjab New Capital (Periphery) Control Act, 1952 (Punjab Act 1 of 1953), the Director may, with the prior approval of the Government, by notification in the Official Gazette, declare any area within the Municipal area to be controlled area. In case any area within the Municipal area has already been declared as controlled area under the above said Acts, then it shall deemed to be controlled area for the purpose of this Act, and if any plan has already been notified for such controlled area under the aforesaid Acts then it shall deemed to be the plan for the purposes of this Act:
Provided that the limits of local area exempted under section 15 of the Punjab New Capital (Periphery) Control Act, 1952 (Punjab Act 1 of 1953) from the purview of the said Act, which
Except as provided hereinafter, no person shall erect or re-erect any building or make or extend any excavation or lay out any means of access to a road in a controlled area save in accordance with the plans and the restrictions and conditions referred to in section 346 and with the previous permission of the [Director].
(1) No land within the controlled area shall, except with the permission of the [Director] be used for purposes other than those for which it was used on the date of publication of the notification under sub-section (1) of section 346 and no land within such controlled area shall be used for the purposes of a charcoal-kiln, pottery-kiln, lime-kiln, brick-kiln or brick- filled or for quarrying stone, bajri, kanker or manufacturing of surkhi or for crushing stone or for other similar extraction or ancillary operations except under and in accordance with the conditions of a licence to be obtained from the [Director] on payment of such fees and under such conditions as may be prescribed.
(2) The licence so granted shall be valid for one year and may be renewed annually on payment of such fees as may be prescribed.
(1) Every person desiring to obtain the permission or licence referred to in sections 247 and 248 shall make an application in writing to the [Director] in such form and containing such information in respect of the land, building, excavation or means of access to a road to which the application relates as may be prescribed.
(2) On receipt of such application the [Director], after making such enquiry as he may consider necessary, shall by order in writing either -
(a) grant the permission or licence subject to such conditions, if any, as may be specified, in the order; or
(b) refuse to grant such permission or licence; provided that the order of refusal shall not be passed unless the applicant has been afforded an opportunity of being heard.
(3) If, at the expiration of a period of three months after an application under sub-section (1) has been made to the [Director], no order in
Any person aggrieved or affected by an order of the [Director] under sub-section (2) of section 349 may within sixty days from the date of such order, prefer an appeal to the Government and the order of the Government on such appeal shall be final.
(1) Any person who -
(a) erects or re-erects any building or makes or extends any excavation or lays out any means of access to a road in contravention of the provisions of Section 347 or in contravention of any conditions imposed by an order under Section 349 or Section 350; or
(b) uses any land in contravention of the provisions of sub-section (1) of Section 348 or Section 350,
shall be punishable with imprisonment for a term which may extend to three years or with a fine of not less than ten thousand rupees which may extend to fifty thousand rupees or with both and, in the case of a continuing contravention, with a further fine which may extend to one thousand rupees for every day after the date of the first conviction during which he is proved to have persisted in the contravention.
(2) Without prejudice to the provisions of sub-section (1), the [Director] may, by notice, serv
It shall be the duty of every police officer -
(i) to communicate without delay to the [Director] or any other officer authorized in writing by him, in this behalf, any information which he receives of a design to commit or of the commission of any offence against this Act or any rule or regulation made thereunder; and
(ii) to assist the [Director] or any other officer authorized in writing by him, in this behalf, in the lawful exercise of any power vested in the [Director] or any other officer authorized in writing by him, in this behalf, under this Act or any rule or regulation made thereunder.
(1) A police officer not below the rank of sub- inspector shall arrest any person who commits, in his view, any offence against this Act or any rule made thereunder, if the name and address of such person be unknown to him and if such person, on demand declines to give his name and address, or gives such name or address which such officer has reason to believe to be false.
(2) The person so arrested shall, without unavoidable delay be produced before the Magistrate authorized to try the offence for which the arrest has been made, and no person, so arrested, shall be detained in custody for a period exceeding twenty-four hours without an order from the above mentioned Magistrate.]
The acts already done under the provisions of the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963 (Punjab Act 41 of 1963) and the Punjab New Capital (Periphery) Control Act, 1952 (Punjab Act 1 of 1953), within the Municipal area shall be deemed to have been validly done under this Act.]
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(1) Whenever it is provided in this Act or any bye-law made thereunder that a licence or a written permission may be granted for any purpose, such licence or written permission shall be signed by the Commissioner or by the Officer empowered to grant the same under this Act or the bye-laws made thereunder or by any Corporation Officer authorised by the Commissioner and shall specify, in addition to any other matter required to be specified under any other provisions of this Act or any provision of any bye- law made thereunder -
(a) the date of the grant thereof;
(b) the purpose and the period, if any, for which it is granted;
(c) restrictions or conditions, if any subject to which it is granted;
(d) the name and address of the person to whom it is granted; and
(e) the fee, if any, paid for the licence or written permission.
(2) Except as
The Commissioner or any Corporation officer or other Corporation employee authorised by him in this behalf or empowered in this behalf by or under any provision of this Act may enter into or upon any land or building with or without assistants and workmen -
(a) for the purpose of ascertaining whether there is or has been on or in connection with the land or building any contravention of the provisions of this Act or any bye-law made thereunder;
(b) for the purpose of ascertaining whether or not circumstances exist which would authorise or require the Commissioner, or any Corporation officer or employee authorised or empowered in this behalf to take any action or execute any work under this Act or any bye-law made thereunder;
(c) for the purpose of taking any action or executing any work authorised or required by this Act or any bye-law made thereunder;
(d) to make any inquiry, ins
(1) The Commissioner, or any person authorised by him in this behalf or empowered in this behalf by or under any provision of this Act, may enter or any land within thirty-five metres of any work authorised by or under this Act with or without assistants and workmen for the purpose of depositing thereon any soil, gravels, stone or other materials or for obtaining access to such work or for any other purposes connected with the execution of the same.
(2) The person so authorised shall, before entering on any such land state the purpose thereof, and shall, if so required by the owner or occupier thereof, fence off so much of the land as may be required for such purpose.
(3) The person so authorised shall, in exercising any power conferred by this section, do as little damage as may be, and compensation shall be payable by the Corporation in accordance with bye-laws made in this behalf to the owner or occupier of land or to bo
(1) It shall be lawful for the Commissioner, or any person authorised by him in this behalf or empowered in this behalf by or, under any provision of this Act to make any entry into any place, and to open or cause to be opened any door, gate or other barrier -
(a) if the considers the opening thereof necessary for the purpose of such entry; and
(b) if the owner of occupier is absent or being present, refuses to open such door, gate or barrier.
(2) Before making any entry into any place as specified under sub-section (1) or opening or causing to be opened any such door, gate or other barrier, the Commissioner, or the person authorised or empowered in this behalf, shall call upon two or more respectable inhabitants of the locality in which the place to be entered into is situate, to witness the entry or opening and may issue an order in writing to them or any of them so to do.
(3) A
Save as otherwise provided in this Act or any bye-law made thereunder no entry authorised by or under this Act shall be made except between the hours of sunrise and sunset.
Save as otherwise provided in this Act or any bye-laws made thereunder, no land or building shall be entered into without the consent of the occupier, or if there is no occupier, or the owner thereof, and no such entry shall be made without giving the said owner or occupier as the case may be, not less than twenty-four hours written notice of the intention to make such entry:
Provided that no such notice shall be necessary if the place to be inspected is a factory, workshop or trade premises or a place used for any of the purposes specified in section 331 or a stable for horses or a shed for cattle or a latrine or urinal or a work under construction or for the purpose of ascertaining whether any animal intended for human food is slaughtered in that place in contravention of this Act or any bye-law made thereunder.
When any place used as a human dwelling is entered into under this Act due regard shall be paid to the social and religious customs and usages of the occupants of the place entered into and no aPartment in the actual occupancy of a female, shall be entered into or broken open until she has been informed that she is at liberty to withdraw and every reasonable facility has been afforded to her for withdrawing.
No person shall obstruct or molest any person authorised or empowered by or under this Act or any person with whom the Corporation or the Commissioner has lawfully contracted, in the execution of his duty or of anything which he is authorised or empowered or required to do by virtue or in consequence of any of the provisions of this Act or any bye-law made thereunder, or in fulfilment of his contract, as the case may be.
Every public notice, given under this Act or any bye-law made thereunder, shall be in writing under the signature of the Commissioner or of any Corporation Officer authorised by him in this behalf and shall be widely made known in the locality to be affected thereby, by affixing copies thereof in conspicuous public places within the said locality or by publishing the same by beat of drum or by advertisement in local newspaper or by any two or more of these means and by any other means that the appropriate municipal authority may think fit.
Whenever it is provided by this Act or any bye-law made thereunder that notice shall be given by advertisement in local newspaper or that a notification or information shall be published in local newspaper, such notice, notification or information shall be inserted if practicable, in at least two newspapers in such languages as the Corporation may from time to time specify in this behalf :
Provided that if the Corporation publishes a Municipal journal a publication in that journal shall be deemed to be a publication in a newspaper of the language in which the said journal may be published.
Whenever under this Act or any rule, regulation or bye-law made thereunder the doing or the omission to do anything or the validity of anything depends upon the approval, sanction, consent, concurrence, declaration, opinion, or satisfaction of the Commissioner, or of any Corporation officer, a written document signed by the Commissioner or officer purporting to convey or set forth, such approval, sanction, consent, concurrence, declaration, opinion, or satisfaction shall be sufficient evidence thereof.
Where any notice, bill, order or requisition issued or made under this Act or any rule, regulation or bye-law made thereunder requires anything to be done for the doing of which no time is fixed in this Act or the rule, regulation or bye- law, the notice, bill, order or requisition shall specify a reasonable time for doing the same.
(1) Every licence, written permission, notice, bill, summons or other document which is required by this Act or any rule, regulation or bye-law made thereunder, to bear the signature of the Commissioner or of any Corporation Officer, shall be deemed to be properly signed if it bears a facsimile of the signature of the Commissioner or officer, as the case may be, stamped thereupon.
(2) Nothing in sub-section (1) shall be deemed to apply to a cheque drawn upon the Corporation Fund under section 75 and such classes of documents as may be prescribed.
All notices, bills, summons and other documents required by this Act or any rule, regulation or bye-laws made thereunder to be served upon or issued to any person, shall be served or issued by municipal officers or other Corporation employee or by other persons authorised by the Commissioner.
(1) Every notice, bill, summons, order, requisition or other document required or authorised by this Act or any rule, regulation or bye-law made thereunder to be served or issued by or on behalf of the Corporation or by the Commissioner or any Corporation Officer on any person shall, save as otherwise provided in this Act or such rule, regulation or bye-law, be deemed to be duly served:-
(a) where the person to be served is a company, if the document is addressed to a Director or the Secretary of the Company at its registered office or at its principal office or place of business and is either -
(i) sent by registered post;
(ii) delivered at the registered office or at the principal office or place of business of the company;
(b) where the person to be served is a Partnership firm, if the document is addressed to the Partnership firm at its principal place of business, identifying
Notwithstanding anything contained in sections 365 and 366 a bill for any tax or a notice of demand may be served by sending it by ordinary post with a prepaid letter under a certificate of posting addressed to the appropriate person specified in section 366 at his last known place of residence or business and in proving the service of every bill or notice so sent, it shall be sufficient to prove that the matter was properly addressed and posted under a certificate of posting.
In the event of a non-compliance with the terms of any notice, order or requisition issued to any person under this Act or any rule, regulation or bye-laws made thereunder, requiring such person to execute any work or to do any act, it shall be lawful for the authority or officer at whose instance, the notice, order or requisition has been issued, whether or not the person in default is liable to punishment for such default or has been prosecuted or sentenced to any punishment therefor, after giving notice in writing to such person, to take such action or such steps as may be necessary for the completion of the act or the work required to be done or executed by such person and all the expenses incurred on such account shall be payable to he Commissioner on demand and if not paid within ten days after such demand, shall be recoverable as an arrears of tax under this Act.
(1) If any notice, order or requisition has been issued to any person in respect of property of which he is the owner, the authority or Officer at whose instance such notice, order or requisition has been issued, may require the occupier of such property or any Part thereof to pay to him, instead of to the owner, any rent payable by him in respect of such property as it falls due up to the amount recoverable from the owner under section 366 :
Provided that if the occupier refuses to disclose the correct amount of the rent payable by him or the name or address of the person to whom it is payable, the authority or officer may recover from the occupier the whole amount recoverable under section 368 as an arrears of tax under this Act.
(2) Any amount recovered from an occupier instead of from an owner under sub- section (1), shall, in the absence of any contract between the owner and the occupier to the contrary, be deemed to h
Whenever the owner of any land or building fails to execute any work which he is required to execute under this Act or any bye-law made thereunder, the occupier, if any, of such land or building may, with the approval of the Commissioner, execute the said work and he shall, subject to any contract between the owner and occupier to the contrary, be entitled to recover from the owner the reasonable expenses incurred by him in execution of the work and may deduct the amount thereof from the rent payable by him to the owner.
(1) Where any person, by reason of his receiving rent of immovable property as a receiver, agent or trustee would be bound to discharge any obligation imposed under this Act, or any rule, bye- law, regulation or order made under it for the discharge of which money is required, he shall not be bound to discharge the obligation unless he has, or but for his own improper act or default might have had funds in his hands belonging to the owner sufficient for the purpose.
(2) The burden of proving any act entitling a receiver, agent or trustee to relief under sub-section (1) shall lie upon him.
(3) Where any receiver, agent or trustee has claimed and established his right to relief under this section, the Commissioner may, by notice in writing, require him, to apply to the discharge of his obligations as aforesaid, the first moneys which may come to his hands on behalf, or for the use of the owner, and on failure to comply with t
In any case not otherwise provided for in this Act or in any bye-law made thereunder, the Commissioner, with the previous approval of the Corporation, may pay compensation to any person who sustains damage by reasons of the exercise of any of the powers vested by this Act or any bye-law in the Commissioner or in any Corporation officer or other Corporation employee.
(1) Any person who has been convicted of an offence against this Act or any bye- law made thereunder shall, notwithstanding any punishment to which he may have been sentenced for the said offence, be liable to pay such compensation for any damage to the property of the Corporation resulting from the said offence as the appropriate municipal authority may consider reasonable.
(2) In the event of a dispute regarding the amount of compensation payable under sub-section (1) such amount shall, on application made to him, be determined by the Magistrate before whom the said person was convicted of the said offence; and on non-payment of the amount of compensation so determined the same shall be recovered under a warrant from the said Magistrate as if it were a fine imposed by him on the person liable therefor.
In any case not expressly provided for in this Act or any bye-law made thereunder any sum due to the Corporation on account of any charges, costs, expenses, fees, rates or rent or on any other account under this Act or any such bye-law may be recoverable from any person from whom such sum is due as arrears of tax under this Act :
Provided that no proceedings for the recovery of any sum due under this section, shall be commenced after the expiry of three years from the date on which such sum became due.
(1) The owner of any land or building may, if he is prevented by the occupier thereof from complying with any provision of this Act or any bye-law made thereunder or with any notice, order or requisition issued under such provision, apply to the court of the District Judge; and where such application is made within any time that may be fixed for the compliance with such provision or notice, order or requisition, the owner shall not be liable for his failure to comply with the provision or notice, order or requisition within the time so fixed.
(2) The court on receipt of such application, may make a written order requiriting the occupier of the land or building to afford all reasonable facilities to the owner for complying with the said provision or notice, order or requisition and may also, if it thinks fit direct that the costs of such application and order be paid by the occupier.
(3) After eight days from the date of the
The procedure provided in the Code of Civil Procedure, 1908, in regard to suits shall be followed, in the disposal of applications, appeals or references that may be made to the court of the District Judge under this Act or any bye-law made thereunder.
(1) The Government may, by notification in the Official Gazette, prescribe what fee shall be paid -
(a) on any application, appeal or reference under this Act or any bye-law made thereunder to the court of the District Judge; and
(b) for the issue, in connection with any inquiry or proceedings before that court under this Act or bye-laws, of any summons or other process:
Provided that the fee, if any, prescribed under clause (a) shall not in cases in which the value of the claim or subject matter is capable of being estimated in money, exceed the fee liable for the time being under the provisions of the Court Fees Act, 1870, in cases in which the amount of the claim or subject matter is of a like amount.
(2) The Government may, by like notification, determine the person by whom the fee, if any, prescribed under clause (a) of sub-section (1) shall be payable.
Whenever an application, appeal or reference made under this Act or any bye-law made thereunder to the court of the District Judge, is settled by agreement between the Parties before the hearing, half the amount of all fees paid up to that time, shall be repaid by the court to the Parties by whom the same have respectively been paid.
The Court of the District Judge may -
(a) delegate, either generally or specially, to the court of an Additional District Judge, power to receive applications, and reference under this Act or any rule, regulation or bye-laws made thereunder, and to hear and determine such application, and references;
(b) with the approval of the Government, make rules not inconsistent with this Act or any rule, regulation or bye-law made thereunder, providing for any matter connected with the exercise to the jurisdiction conferred upon the court by this Act which is not herein specifically provided for.
Whoever -
(a) contravenes any provision of any of the sections sub-sections, clauses, provisos or other provisions of this Act mentioned in the first column of the table in the Third Schedule; or
(b) fails to comply with any order lawfully given to him or any requisition lawfully made upon him under any of the said sections, sub- sections, clauses, provisos or other provisions shall be punishable -
(i) with fine which may extend to the amount, specified in the third column of the said Table; and
(ii) in the case of a continuing contravention or failure; with an additional fine which may extend to the amount specified in the fourth column of that Table for every day during which such contravention or failure continues after conviction for the first such contravention or failure.
Whoever, in any case in which a penalty is not expressly provided by this Act, fails to comply with any notice, order or requisition issued under any provisions thereof, or otherwise contravenes any of the provisions of this Act, shall be punishable with fine which may extend to five hundred rupees, and in the case of a continuing failure or contravention with an additional fine which may extend to fifty rupees for every day after the first, during which he has persisted in the failure or contravention.
(1) Where an offence under this Act has been committed by a company, every person who, at the time the offence was committed, was incharge of and was responsible to, the Company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly :
Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in its Act, if he proves that the offences was committed without knowledge or that he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1) where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of or is attributable to any neglect on the Part of, any director, manager, secretary or other
(1) Every Corporation shall, unless relieved of this obligation by the Government, maintain sufficient police establishment for its police requirements within the Municipal area for the performance of the duties imposed on it by this Act :
Provided that the Corporation may requisition extra police force from the Director General of Police whenever deemed necessary.
(2) The establishment maintained under sub-section (1) shall consist of persons on deputation from the general police force under the Government within the meaning of section 2 of the Police Act, 1861, and shall consist of such number of officers and men who shall respectively receive such pay, leave, allowances, gratuities and pensions as the Corporation may from time to time after consultation with the Director General of Police, and subject to the final decision of the Government, direct.
(1) Any Police officer of the Corporation may arrest any person who commits in his view any offence against this Act or against any rule, regulation or bye-law made thereunder if -
(a) the name and address of such person be unknown to him; and
(b) such person on demand declines to give his name and address or gives a name and address which such officer has reason to believe to be false.
(2) No person so arrested shall be detained in custody after his true name and address are ascertained or, without the order of the nearest Magistrate, for a period longer than twenty-four hours from the time of arrest exclusive of the time necessary for the journey from the place of arrest to the court of such Magistrate.
(3) It shall be the duty of all police officers to give immediate information to the Commissioner or any other appropriate Corporation Officer, of the commission of or the attemp
The Commissioner may -
(a) take, or withdraw from, proceedings against any person who is charged with-
(i) an offence against this Act or any rule, regulation or bye-law made thereunder; or
(ii) any offence which affects or is likely to affect any property or interest of the Corporation or the due administration of this Act; or
(iii) committing any nuisance whatsoever;
(b) contest or compromise any appeal against rateable value or assessment of any tax or rate;
(c) take, or withdraw from or compromise, proceedings under section 373 for the recovery of expenses or compensation claimed to be due to the Corporation;
(d) withdraw or compromise any claim for a sum not exceeding one thousand rupees against any person;
(e) defend any suit or other legal proceeding brought against the Corporation or ag
Save as otherwise provided in this Act, no court shall try an offence made punishable by or under this Act or any rule or any bye-law made thereunder, except on the complaint of, or upon information received from the Commissioner, or any other officer of the Corporation authorised by it in this behalf.
(1) The Commissioner or any other officer of the Corporation authorised by it in this behalf by a general or special order or a sub-committee of the Corporation appointed by it may, either before or after the institution of the proceedings, compound any offence made punishable by or under this Act or any rule or any bye-law made thereunder.
(2) Where an offence has been compounded, the offender, if in custody, shall be discharged and no further proceedings shall be taken against him in respect of the offence so compounded.
No suit or prosecution shall be entertained in any court against the Corporation or against the Commissioner or against any Corporation Officer or other Corporation employee or against any person acting under the order or direction of the Corporation, the Commissioner or any Corporation Officer or other Corporation employee, for anything which is in good faith done or intended to be done, under this Act or any rule, regulation or bye-law made thereunder.
(1) No suit shall be instituted against the Corporation or against the Commissioner or against any Corporation Officer or other Corporation employee or against any person acting under the order or direction of the Corporation or the Commissioner or any Corporation Officer or other Corporation employee, in respect of any act done, or purporting to have been done, in pursuance of this Act or any rule, regulation or bye-law made thereunder, until the expiration of two months after notice in writing has been left at the Corporation office and, in the case of such employee or person unless notice in writing has also been delivered to him or left at his office or place or residence, and unless such notice states explicitly the cause of action, the nature of the relief sought, the amount of compensation claimed and the name and place of residence of intending plaintiff, and unless the plaint contains statement that such notice has been so left or delivered.
(1) Any rule which the Government is empowered to make under this Act may provide that any contravention thereof shall be punishable with fine which may extend to one thousand rupees.
(2) Every rule made under this Act shall be laid as soon as may be after it is made, before the House of the State Legislature while it is in session for a total period of ten days which may be comprised in one session or in two or more successive sessions, and if before the expiry of the session in which it is so laid or the successive session aforesaid, the House agrees to make any modification in the rule or the House agrees that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, however, any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule.
(1) Any regulation which the Corporation under this Act, may make with the approval of government, may be altered or rescinded by the Corporation with the approval of the Government in the exercise of its powers under this Act.
(2) Any regulation made under this section may provide that contravention thereof shall be punishable with fine which may extend to five hundred rupees.
(3) No regulation made by the Corporation under this Act shall have effect until it has been published in the Official Gazette by the Government.
1. Subject to the provisions of this Act, the Corporation may in addition to any bye-law which it is empowered to make under any other provisions of this Act, make bye-laws to provide for all or any of the following matters, namely :-
A. Bye-laws relating to taxation -
(1) the maintenance of tax books and registers by the Commissioner and the Particulars which such books and registers should contain;
(2) the inspection of and the obtaining of copies and extracts from such books and registers and fees, if any, to be charged for the same;
(3) the publication of rates of taxes as determined by the Government from time to time;
(4) the requisition by the Commissioner of information and returns from persons liable to pay taxes;
(5) the notice to be given to the Commissioner by any person who becomes the owner or possessor of a vehicle or ani
(1) Any bye-law made under this Act may provide that a contravention thereof shall be punishable -
(a) with fine which may extend to five hundred rupees; or
(b) with fine which may extend to five hundred rupees and in the case of continuing contravention, with an additional fine which may extend to fifty rupees for every day during which such contravention continues after conviction for the first contravention; or
(c) with fine which may extend to fifty rupees for every day during which the contravention continues, after the receipt of a notice from the Commissioner or any Corporation Officer duly authorised in that behalf by the person contravening the bye-law requiring such person to discontinue such contravention:
[Provided that a breach or an abetment of a breach under clause (5A) under heading "I. Bye-laws relating to miscellaneous matters" of section 392, shall be punishable
(1) Any power to make bye-laws conferred by this Act is conferred subject to the conditions of the bye-laws being made after previous publication and their not taking effect until they have been approved by the Government and published in the Official Gazette.
(2) The Government in approving a bye-law may make any change therein which appears to it to be necessary.
(3) The Government may, after previous publication of its intention cancel any bye-law which it has approved, and thereupon the bye-law shall cease to have effect.
(1) A copy of all bye-laws made under this Act shall be kept at the Corporation office and shall, during office hours, be open free of charge to inspection by any person of the Municipal area.
(2) Copies of all such bye-laws shall be kept at the Corporation office and shall be sold to the public at cost price either singly or in collections at the option of the purchaser.
The Government may at any time require the Commissioner -
(a) to produce any record, correspondence, plan or other document in his possession or under his control;
(b) to furnish any return, plan estimate, statement, account or statistics relating to the proceedings, duties or works of the Corporation or any of the Corporation authorities.
The Government may depute any of its officers to inspect or examine any Municipal dePartment or office or any service or work undertaken by the Corporation or any of the Municipal authorities or any property belonging to the Corporation and to report thereon and the Corporation and every Corporation authority and all Corporation officers and other Corporation employees shall be bound to afford the officer so deputed access at all reasonable times to the premises and properties of the Corporation and to all records, accounts and other documents the inspection of which he may consider necessary to enable him to discharge his duties.
(1) If, whether on receipt of any information or report obtained under section 396 or section 397 or otherwise, the Government is of opinion, -
(a) that any duty imposed on the Corporation or any of its authority by or under this Act has not been performed or has been performed in an imperfect, insufficient or unsuitable manner; or
(b) that adequate financial provision has not been made for the performance of any such duty, it may direct the Corporation or the Commissioner, within such period as it thinks fit, to make arrangements to its satisfaction for the proper performance of duty, or, as the case may be, to make financial provisions to its satisfaction for the performance of the duty and the Corporation or the Commissioner concerned shall comply with such direction:
Provided that, unless in the opinion of the Government the immediate execution of such order is necessary, it shall, before making an
If, within the period fixed by a direction made under sub-section (1) of section 398, any action the taking of which has been directed under that sub-section has not been duly taken the Government may make arrangements for the taking of such action and may direct that all expenses connected therewith shall be defrayed out of the Corporation Fund.
(1) If, in the opinion of the Government, the Corporation is not competent to perform, or persistently makes default in the performance of the duties imposed on it by or under this Act or any other law or exceeds or abuses its powers the Government may by an order published, together with a statement of the reasons therefor, in the Official Gazette, declare the Corporation to the competent or in default or to have exceeded or abused its powers, as the case may be, and dissolve the Corporation:
Provided that before making an order of dissolution as aforesaid, reasonable opportunity shall be given to the Corporation to be heard and to show cause why such order of dissolution should not be made.
(2) When the Corporation is dissolved by an order under sub-section (1) :-
(a) all members shall, on such date as may be specified in the order, vacate their offices without prejudice to their eligibility for elec
(1) The Government, may by notification, delegate all or any of its powers under this Act, except the power to make rules, to any officer not below the rank of an Extra-Assistant Commissioner subject to such restrictions and conditions as may be specified in the notification.
(2) The Commissioner may, by order direct that any power conferred, or any duty imposed on him by or under this Act, shall, in such circumstances and under such conditions, if any, as may be specified in the order, be exercised and performed by a Corporation officer or other Corporation employee.
[(3) The Director may, with the approval of the Government, by an order in writing delegate any of its powers and functions under the Act or the rules made thereunder to any officer as may be specified in such order.]
No notice, order, requisition, licence, permission in writing or any other document issued under this Act, shall be invalid merely by reason of defect of form.
A copy of any receipt, application, plan, notice, order or other document or of any entry in a register in the possession of any Corporation authority shall, if duly certified by the legal keeper thereof or other person authorised by the Commissioner in this behalf, be admissible in evidence of the existence of the document or entry and shall be admitted as evidence of the matters and transaction therein recorded in every case where, and to the same extent to which, the original document or entry would if to the same extent to which, the original document or entry would if produced, have been admissible to prove such matters and transactions.
No Corporation Officer, or other Corporation employee shall, in any legal proceeding to which the Corporation is not a Party, be required to produce any register or document the contents of which can be proved under section 403 by the certified copy, or to appear as a witness to prove any matter or transaction recorded therein save by order of the court made for special cause.
No person shall obstruct the Corporation or the Commissioner, the Mayor or any of the Deputy Mayors, any members or any person employed by the Corporation or any person with whom the Commissioner has entered into a contract on behalf of the Corporation, in the performance of their duty or of anything which they are empowered or required to do by virtue or in consequence of any provision of this Act or of any rule, regulation or bye-law made thereunder.
No person shall remove any mark set up for the purpose of indicating any level or direction incidental to the execution of any work authorised by this Act or of any rule or bye-law made thereunder.
No person shall, without authority in that behalf remove, destroy, deface or otherwise obliterate any notice exhibited by or under order of the Corporation or any other Corporation authority or any Corporation Officer or other Corporation employee specified by the Commissioner in this behalf.
No person shall, without authority in that behalf, remove earth, sand or other material or deposit any matter or make any encroachment in or on any land vested in the Corporation or in any way obstruct the same.
(1) If the competent authority is satisfied-
(a) that any person authorized to occupy any premises of the Corporation has-
(i) not paid rent lawfully due from him in respect of such premises for a period of more than two months; or
(ii) sublet, without the permission of the Commissioner or any other officer duly empowered to grant such permission, the whole or any part of such premises; or
(iii) otherwise acted in contravention of any of the terms expressed or implied, under which he is authorized to occupy such premises; or
(b) that any person is in unauthorized occupation of any premises/land or building/structure constructed thereon, of the Corporation,
the competent authority may, notwithstanding anything contained in any law, for the time being in force, by notice served upon him by post or by person and if such person avoids servic
(1) Any person aggrieved by an order of the competent authority under sub-section (2) of section 408A may, within a period of seven days from the date of the order under subsection (2) of section 408A, prefer an appeal to the Commissioner.
(2) Where an appeal is preferred under sub-section (10, the Commissioner may stay the enforcement of the order of the competent authority for such period and on such conditions, as it deems fit.
(3) Every appeal under this section shall be disposed of by the Commissioner within a period of sixty days.
Save as otherwise expressly provided in this Act, every order made by the competent authority under section 408A or by the Commissioner under section 408B shall be final and shall not be called in question in any original suit, application or execution proceedings and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under sections 408A and 408B of this Act.]
(1) Every members shall be liable for the loss, waste or misapplication of any money or other property belonging to the Corporation, if such loss, waste or misapplication is reported either by the Examiner, Local Fund Accounts, or otherwise comes to the notice of the Corporation to be a direct consequence of his neglect or misconduct in the performance of his duties as a member; and he may after being given an opportunity, by notice served in the manner provided for the service of summons in the Code of Civil Procedure, 1908, to show cause by written or oral representation why he should not be required to make good the loss, or be surcharged with the value of such property or the amount of such money by the Divisional Commissioner, and if the amount is not paid within fourteen days from the expiry of the period of appeal prescribed by sub-section (2) the Collector at the request of the Divisional Commissioner shall proceed forthwith to recover the amount as if it wer
Every member, the Commissioner, and every Corporation Officer and other Corporation employees, shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code, 1860.
(1) As soon as may be after the 1st day of April, in every year and not later than the 1st day of April, in every year and not later than such date as may be fixed by the Government in this behalf, the Corporation shall submit to the Government a detailed report of its activities during the preceding year in such form as the Government may direct.
(2) The Commissioner shall prepare report and the Corporation shall consider it and forward the same to the Government with its resolution thereon, if any.
(3) Copies of the report shall be kept for sale at the Corporation Office.
Save as expressly provided in this Act and unless the context otherwise requires, after the establishment of the Corporation any reference in any enactment, rule, bye-law, order, scheme, notification or other instrument having the force of law, to any local authority having jurisdiction in the Municipal area or any Part thereof shall, unless the context or subject otherwise requires, be construed as reference to the Corporation.
Notwithstanding anything contained in the foregoing provisions in this Act, -
(a) the Corporation with previous approval of the Government may, by notification in the Official Gazette, declare that any portion of the rural areas shall cease to the included therein and upon the issue of such notification that portion shall be included in and form Part of the urban areas;
(b) the Corporation with previous approval of the Government may, by notification in the Official Gazette, -
(i) exempt the rural areas or any portion thereof from such of the provisions of this Act as it deems fit;
(ii) levy taxes, rates, fee and other charges in the rural area or any portion thereof at rates lower than those at which such taxes, fee and other charges are levied in the urban areas or exempt such areas or portion from any such tax, rate, fee or other charge.
If the Government is of the opinion that the execution or any resolution or order of the Corporation or of any other Corporation authority or employee subordinate thereto or the doing of any act which is about to be done or is being done by or on behalf of the Corporation is in contravention of or in excess of powers conferred by this Act or of any other law for the time being in force or is likely to lead to breach of the peace or cause injury and or annoyance to the public or any class or body of persons, the Government may, by order in writing, suspend the execution of such resolution or order, or prohibit the doing of any such act.
The Government may by written order, annul or omit from the records any proceedings of the Corporation which it considers not to be in conformity with this Act, or any rules or bye-laws made thereunder and may do all things necessary to secure such conformity:
Provided that unless in the opinion of the Government the immediate making of such order is necessary, it shall before making an order under this section, give the Corporation an opportunity of showing cause why such an order should not be made.
(1) The Government may, by notification, withdraw from the operation of this Act, any area or any Municipal area of the Corporation :
Provided that no such notification shall be issued unless the same has been published for inviting objections and suggestions, if any, which have been duly considered to.
(2) When a notification is issued under this section in relation to any Municipal area, this Act, all notifications, rules, regulations, bye-laws, orders, directions and powers issued, made or conferred under this Act shall cease to apply to the said area; the balance of the Corporation Fund and all other property at the time of the issue of the notification vested in the Corporation shall vest in the Government and the liabilities of the Corporation shall stand transferred to the Government.
(1) There shall be constituted for the metropolitan area, a metropolitan planning committee, to prepare a draft development plan for the area as a whole.
(2) The Government, through rules to be framed in this regard make provision with respect to -
(a) the composition of the Metropolitan Planning Committee;
(b) the manner in which the seats in the Committee shall be filled:
Provided that not less than two-thirds of the members of the Committee shall be elected by and from amongst the elected members of the Corporation and municipalities and Chairpersons of the panchayats in the Metropolitan area in proportion to the ratio between the population of the Corporation, the municipalities and the panchayats in the area;
(c) the representation in such Committees of the members of the Government of India and of the Government and of such organisations and institution
In any enactment other than the Faridabad Complex (Regulation and Development) Act, 1971, in force on the date immediately preceding the day on which this Act came into force in the Municipal area or in any rule, order or notification made or issued thereunder and in force on such date, unless a different intention appears -
(a) reference to Faridabad Complex Administration, Faridabad under the Faridabad Complex (Regulation and Development) Act, 1971, shall be construed as reference to the Municipal Corporation of Faridabad, and such enactment, rule, order or notification shall apply to the Municipal area of the Corporation;
(b) references to the Chief Administrator under the Faridabad Complex (Regulation and Development) Act, 1971, shall be construed in respect of the Municipal area as reference to the Commissioner appointed under this Act;
(c) references to any Chapter or section of the Faridabad Com
Every officer and other employee serving under the Administration of the Faridabad Complex at the time of commencement of this Act shall be deemed to have been transferred to and become an officer or other employee of the Corporation of Faridabad with such designation as the Commissioner may determine and hold office for the same tenure, at the same remuneration and on the same terms and conditions of service as he would have continued to hold in case the Corporation had not been constituted and shall continue to do so unless and until his employment in the Corporation is duly terminated or until the remuneration or terms and conditions of his service are duly revised by the Corporation :
Provided that the conditions of service applicable to them immediately before the commencement of this Act shall not be varied to their disadvantages except with the previous approval of the Government.
If any difficulty arises in giving effect to the provisions of this Act, the Government may by order do anything not inconsistent with such provisions which appears to it to be necessary or expedient for the purpose of removing the difficulty.
(1) As from the commencement of this Act the Faridabad Complex (Regulation and Development) Act, 1971, shall stand repealed.
(2) Notwithstanding anything contained in sub-section (1) -
(a) any appointment, notification, order, scheme, rule, form, notice, or bye-law made or issued, and any licence or permission granted under the Faridabad Complex (Regulation and Development) Act, 1971 and in force immediately before the commencement of this Act shall, in so far as it is not inconsistent with the provisions of this Act continue to be in force and be deemed to have been made, issued or granted under the provisions of this Act, unless and until it is superseded by any appointment notification, order, scheme, rule, form, notice or bye-law made or issued or any licence or permission granted under the said provisions;
(b) all debts, obligations and liabilities incurred, all contracts entered into and all matt
.
(1) When any municipality including, area comprising rural area or a Part thereof, if any, is declared and constituted a Corporation under sections 3 and 4 of this Act, the entire officers and employees serving in a municipality including area comprising rural area or a Part thereof, if any, on a post is relation to which the Corporation is constituted, shall, on the declaration and constitution of a Corporation, be deemed to be transferred to the Corporation on the existing terms of service and integrated into the Corporation.
(2) The Corporation may recruit additional staff where necessary subject to the conditions as may be laid down by the Government.
(3) In making appointment to any post referred to in this section, the appointing authority shall follow the instructions issued by the Government from time to time in relation to reservation of appointment or post for Scheduled Castes, Backward Classes and other category
(1) All assests and properties vesting in all debts, liabilities and obligations incurred by, and all contracts made by or on behalf of, the municipality including area comprising rural area or a Part, thereof, if any, declared and constituted to be a Corporation under sections 3 and 4 of this Act, be deemed to have been vested in, to have been incurred and made by the Corporation and shall continue in operation.
(2) All proceedings pending before any authority of the said municipality including area comprising rural area or a Part thereof, if any on the day the Corporation was constituted which under the provisions of this Act are required to be instituted before or undertaken by the Commissioner, shall be transferred to and continued by him and all other such proceedings shall, so far as may be, be transferred to and continued by such authority before or by whom they have to be instituted or undertaken under the provisions of this Act.
The Haryana Municipal Corporation Ordinance, 1994 (Haryana Ordinance No. 4 of 1994), is hereby repealed.
[See Section 3(1)]
A. Municipalities and revenue estates included in the Faridabad Complex -
(i) Municipality of Faridabad Township
(ii) Municipality of Faridabad Old
(iii) Municipality of Ballabgarh
(iv) Revenue estate of Ballabgarh not included in the municipality of Ballabgarh.
B. Sabha areas included in the Faridabad Complex -
(i) Atmadpur
(ii) Annangur
(iii) Palla
(iv) Sarai Khaja
(v) Wazirpur
(vi) Mevla Maharajpur
(vii) Fatehpur Chandila
(viii) Budina
(ix) Daulatabad
(x) Ajronda
(xi) Saran
(xii) Mujesar
(xiii) Ranera
(xiv) Unchag
(See Section 331)
Part I
Purposes to which premises may not be used without a licence.
1. Banking.
2. Cinematograph films, shooting of -
3. Cinematograph film by any process whatsoever, Treating of -
4. Chillies or masala or corn or seeds, Grinding of by mechanical means
5. Cloth, yarn or leather in indigo or in other colours, Dyeing or printing of -
6. Cloth or yarn bleaching
7. Keeping of an eating house or a catering establishment
8. Grain, Parching
9. Groundnut seeds, tamarind seeds or any other seeds, Parching
10. Keeping of Hairdressing Saloon or a barber's shop
11. Hides or skin, whether raw or dried tanning, pressing or packing
12. Keeping a laundry shop
(See Section 380)
Penalties
Explanation. - The entries in the second column of the following table headed 'Subject' are not intended as definition of the offences prescribed in the provision mentioned in the first column or even at abstracts of the provisions, but are inserted merely as reference to the subject thereof :-
| Section, sub-section, clause or proviso |
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